The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-08-30

Liquor in Vermont.
For sensations, surprises and inter
mingling ramitications the s2O,OOO H.
bel suit of Fred c. Gale of Hinsdale,
n. H., against Gen. John II. Albin OF
Concord, n. H., in which depositions
are now being taken by the defendant
in the county clerks office in this VII
lage, is entitled 10 a position a step IN
advance of other cases which have
been aired in Brattleboro in recent
years. The latest development Of in
terest came last evening, when Dep
uty Sheriff C. /. Knapp served an in
junction on Gen. Albin at the Brooks
House restraining him or his agents
from taking the deposition Of Fred T.
Gale in this state and also restraining
him or his agents from taking any
further steps in the contempt of court
proceedings against Gale for failing to
respond to a summons to appear before
Magistrate A. +. Schwenk to give his
deposition. The injunction does not
involve the taking of other depositions
than that of Gale.
The order was issued by Judge
Stone of Laeonia, n. H., Tuesday at
the request of d. +. Dudley of Con-
cord and W. X. Daley of Brattleboro,
counsel for Gale. Gen. Albin was in
the court room Wednesday, but the in
junction was not served then, and IN
the afternoon Gen. Albin went to
Boston, so it could not be served un'
Ill his return, which was last evening.
Application was first made to Judge
Seneca Haselton of Burlington on
Monday but Judge Haselton declined
to issue an injunction for the reason
that the case was a New Hampshire
ease. Judge Stone was then seen.
What the effect of the injunction VIII
be cannot be told until tomorrow,
when hearing will be held before
Judge Stone at Laconia on petition
for the dissolution of the injunction.
Whether the injunction is made per-
manent or not does not affect the war
rant for Gale s arrest on the charge
of selling liquor illegally in this state,
and Gale IS counsel stated last night
that at the proper time Gale would
come to Vermont to be arrested on
that charge. His counsel also stated
that Gale had no. objection to giving
his deposition in New Hampshire.
In addition to the injunction a no.
tice was served on Gen. Albin last
night to appear in Hinsdale Sept. 10 to
give his deposition in the libel suit.
As previously stated this suit IS
brought because Of a letter which
Gale alleges Gen. Albin wrote to the
New Hampshire license commissioners
in 1905 obiecting to a renewal of Gale
& Co.'S license, 1t is alleged in the
complaint that Gen. Albin wrote that
Gale & Co. were running disorderly
house and house of gambling and as
signation, A report has been current
to the effect that Gen, Albin claimed
that he never wrote such a letter.
When interviewed on that point last
night Gen. Albin said: 'I don say
that I did or that I did not write such
a letter. I don't say anything about
it," He stated that he probably would
take some dispositions in New Hamp-
shire in a few days.
The libel suit is set for trial at the
October term OF the Cheshire county
superior court at Keene. In his bill OF
complaint it is stated that "said
plaintiff now is good, true, honest,
lust and faithful citizen, and as such
has always behaved and conducted
himself and has not ever been gull
ty' of the charges made.
There were interesting developments
in the testimony given last Friday af-
ternoon. Leon E, Whitney was the
first witness examined and he was
questioned at some length by Attorney
Sawyer as to gambling he had done on
the island. Mr.. Whitney admitted
that he had played poker there during
the present year, saying that the game
had taken place in a small building in
the rear of the express office near the
ball grounds. He did not know wheth-
er the building belonged to Gale or
not. The witness was also questioned
in regard to his purchases of liquor
through the Cheshire Express com
pany.. After Mr.. Whitney had been
excused E. j. Fenton was called on
the stand. His attention was called
by Attorney Smith to an affidavit in
the Dunleavy- Fenton breach of prom
ise case made by one Frank Leonard,
former bar tender Of the brew.
cry" and alleging that the plarntlff
in the case had visited that establish
ment in company with him, another
man and another woman. Mr. Smith
piled Mr.. Fenton with questions in an
effort to ascertain where the latter Sc
cured the information which led him
to have the deposition taken, but the
only reply that Mr.. Fenton made was
that he had learned of the alleged oc-
currence through his counsel, h. q.
Bacon. The lawyers for Gen. Albin
then had Mr.. Bacon sworn and placed
on the witness stand. He testified
that the information which led to tax
ing the deposition had come from F.
G. Gale.
Mr.. Fenton was recalled to the
stand Saturday morning and further
examined by Mr.. Smith who made
careful inquiries as to whether the
witness had bought liquor of F. c. Gale
& company. Mr. Fenton testified that
he had purchased beer and ale of the
concern. saying that he had ordered it
by telephone and paid for it in this
state and that it had been delivered
on this side of the river. The surprise
oe +ha doy ooma rvban A Affornav Smith