The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-09-06
LIBEL SUIT is
WITHDRAWN
Gale Took This Action at
Hinsdale Yesterday.
WILL PAY THE COSTS
Abrupt Termination Came Just Before
Beginning of Deposition Taking
. Before Keene Magistrate-Further
Developments May Come.

! DGFClOp4ilIilNo way SoIASs
The famous suit of Fred c. Gale Of
IIinsdale, y. H., against Gen. J. IL.
Albiu of Concord, n. H., brought to
recover damages of $4,000 on ae-
count of a letter alleged to have been
written by the defendant to the New
/ Hampshire license commissioners with
reference to the plaintiff 5 saloon on
the island, was brought to an abrupt
termination in Hinsdale, n. H., yes.
terday morning when Gale appeared
before Judge John L. Allen of
Kcene. n. H., and asked that an en-
try of nonsuit be made. Judge Allen
was in lIinsdale for the purpose of
acting as magistrate before whom the
dispositions of Gale himself and other
Hinsdale citizens were to be taken.
The meaning of the plaintiff 5 action
is that he will not push the case fur
ther, preferring to pay the costs that
have already accumulated rather than
to 90 on with the matter. The sudden
ending of the case put a stop to fur
ther taking of depostiOns on the
part of the defendant but the evidence
that has already been brought to
light in regard to the island resort is
at the disposal of the authorities of
Cheshire county if they see fit to use
it, and the warrant for the arrest of
Gale on the charge of selling liquor IL
legally in Vermont still remains III the
hands of an officer of this state. An
other feature in the case which
has not been dissolved is that relating
to certain receipted bills used by the
defendant s attorneys in examining +.
j. Fenton and which the latter claims
were stolen from his desk a short time
ago. A. +. Schwenk. in whose custody
the receipts now remain, Gen. Albin
himself and his law partner, W. IL.
Sawyer have been summoned to ap-
pear before the grand jury of Wind
ham county and tell what they know
about those papers and from whom
they secured them.
The action on the part of the plain |
tiff in regard to withdrawing the case |
came as a surprise to the attorneys of |
Gen. Albin, who were already on their /
way to Hinsdale to appear before |
Magistrate Allen. Gale himself had |
been summoned to appear and give his |
deposition yesterday morning, notice I
to that effect having been served on
him last Saturday at Laconia, and |
Miss Johanna Shea, clerk of the |
Cheshire Express company, had re-
ceived a summons requiring her to ap-
pear with the books and papers Of
the concern. Among the other wit
nesses who had been given notice to
appear was w. j. Curran, who con-
duets a liquor business in Hinsdale.
Mr.. Sawyer came to Brattleboro Wed
nesday preparatory to going to Hins
lale, and J. G. Sargent of Ludlow,
who was to act for Gen. Albin in the
absence of L, w. Smith of Wells Riv-
,r, was also in town. Had the ease
'emained in court Gen. Albin- himself
would have given his deposition in
Hinsdale today, and plans were on
'oot to take further dispositions of .
3rattleboro people in this town Mon
lay.
1t will be remembered that an in
junction was served on Gen. Albin '
asst Thursday evening restraining him ]
r his agents from taking Fred G. j
iale IS deposition in this state or from !
aking steps against Gale in the con- '
empt of court proceedings instituted I
gainst him for failing to respond to G
summons to appear before Magis t
rate A. F. Schwenk This injunction @
-as granted by Judge Stone of Laco- t
ia, N. H., before whom the libel suit
'ould have been tried in Cheshire
ounty superior court. A hearing on
petition for a dissolution of the in
melton was held before Judge Stone '
/ Laconia last Saturday. He denied
le petition on the grounds that the
lse was pending in New Hampshire t
,urts, that the parties involved were /
9th residents of New Hampshire and ?
lat for that reason the deposition of il
le plaintiff should be taken in that W
ate. 81
w. H. Sawyer, Gen. Albin IS law ii
artner, was in Brattleboro yesterday h
ter news of the withdrawal of the il
lit had been made known. When Il
ked by a Reformer reporter as to Il
neither the evidence already brought m
It would be used in bringing action s.
,ainst F. G. Gale he said that that cf
as a matter for the authorities of m
leshire county to take up. The evil L
nee, he said, was competent and he pt
timated that the county authorities fa
ght find in it some grounds for TAX W
g action. III