1901 



GLEANINGS IN BEE CULTURE. 



91 



THE PERSONNEL OF THE UTTER TRIAL 



BY E. R. ROOT. 



As promised in our last issue, I take plea- 

 sure ill introducing to you some of those who 

 took a conspicuous part in the celebrated case 

 of Utter V. Utter at Goshen, N. Y., a case that 

 involved new principles in law; and has, since 

 the trial, been heralded, on account of its nov- 

 elty, over the entire United States. 



*.<•' 



HENRY BACON, THK ATTORNEY WHO MADE 

 THE PLEA BEFORE THE JURY. 

 The National Bee-keepers' Association, to- 

 gether with Mr. Utter, employed as attorneys 

 the firm of Bacon & Merritt, of Goshen. 



This firm has been engaged in active practice 

 for sixteen years, and I was told by numerous 

 residents that they were the best lawyers in 

 the county, and that we had made no mistake 

 in having them to defend bee-keepers and 

 their interests. They had been retained in 

 some important railroad cases; and very re- 

 cently had won in a celebrated drainage case 

 involving something like .?15,000. 



The next personage to whom I introduce 

 you is Judge John J. Beattie, of Warwick, N. 

 Y., who presided at the Utter trial. As al- 

 ready stated, he was as fair a judge as ever sat 

 on the bench. If he had any prejudice or 

 leaning for one side or the other it could not 

 be discovered. He has held his position for 

 two terms, and is now on his third term. Of 

 him it is said that the evil-doers of the county 

 hold him in wholesome fear ; that he has al- 

 ways tempered his decisions with justice and 

 mercy. He is a man of large physique, of 

 commanding presence, a kindly, benevolent 

 face, and every inch a judge. 



JOSEPH MERRITT, ONE OF THE ATTORNEYS 



IN THE DEFENSE. 



JOHN J. BEATTIE, THE JUDGE^WHO PRESIDED. 



The defendant, Mr. J. W. Utter, has been 

 engaged in keeping bees and raising fruit for 

 a good many years. Unfortunately, there has 

 been a difficulty between him and his brother, 

 Mr. W. H. Utter, the plaintiff, over the settle- 

 ment of their mother's estate ; and during the 

 years that have since elapsed there has been 

 more or less trouble between them, culminat- 

 ing in this celebrated suit with which our read- 

 ers are now so familiar. From all the evidence 

 that I heard in the court, and from what I 

 could hear from local residents, it appeared 

 that Peach Utter had it " in " for his brother, 

 and continued to annoy him on every occasion. 



