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Roger

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From The Republican

Jury deliberates in bottle trial
Wednesday, December 01, 2004
By BETSY CALVERT

GREENFIELD - Two collectors of antique bottles fought each other in Franklin Superior Court yesterday in a trial that could be called "Antiques Road Show Gone Bad."

The jury began deliberations yesterday after hearing closing statements from both sides.

In the center of the court fight are four, small amber-olive colored bottles, supposedly made in the 1800s to hold ink and medicines.

Clark Roberge of Henniker, N.H., and at least one expert said the bottles are fake, and Donald Osbourne of Orange made them. Osbourne said they are rare antiques worth at least $11,000.

Osbourne originally tried to sue Roberge for breach of contract for failing to pay $4,100, malicious prosecution and defamation for posting the five bottles on the Roberges' "Bottle Hall of Shame" Web site.

Roberge countersued for breach of contract, misrepresentation and unfair business practices. Judge C. Brian McDonald dismissed the charge of defamation and malicious prosecution.

According to testimony, Roberge approached Osbourne in 2002 at a bottle show saying he wanted to buy some valuable bottles to sell later. Both men claimed to be serious hobbyists who traded for money and personal interest. Roberge testified that Osbourne told him he was about to acquire some valuable utility bottles from a private collection in Connecticut.

In Osbourne's testimony Monday, he said he did not know where he got the bottles nor how much he paid for them.

Experts ultimately told Roberge the bottles probably were made recently from melted-down antique glass shards reshaped from molds.

A police search of Osbourne's house, following a complaint by Roberge, revealed a workshop with an oven for making metal tools, olive-brown antique glass shards and glass blowing equipment, Roberge's lawyer, Edward Berlin said in his closing statement. Osbourne testified that he did not use the oven to melt glass.

McDonald nonetheless granted Roberge's motion to dismiss that charge.

Bottle expert and auctioneer Norman C. Heckler of Woodstock, Conn., testified the bottles appear to be fakes for a variety of reasons, including that their mouths are too crudely made to hold a cork.
 

bearswede

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God, Roger...

I can't believe I was caught sleeping right in my back yard!!! I live less than an hour from Greenfield, and I was completely clueless about this faux-bottle trial... It just goes to show you how, bottle-collectively speaking, isolated we are out here in western Mass.... There used to be a Berkshire bottle club but that disbanded... I wish we folks from western Mass could get together and form a new organization...

Anyway, thanks Roger for the heads up from all the way on the other side of the world!!! I'll be eagerly following the results of this incredible story...

Ron
 

kumtow

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Wow, very expensive little brown bottles. Interesting story, can you guys keep us all up to date if any further info comes to light. Any chance of a picture of the bottles????[8D]
 

BRIAN S.

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Alan ,
I will try to get a pic of the bottles fron Clark and Evelyn Roberge.
I talked to them quite a bit about the bottles and the upcoming trial at the Expo.
I personally have seen the bottles and I agree totally with Norman Heckler.
If I get the pics and there is no objection from Clark and Evelyn I will post them.
Brian
 

KentOhio

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I think I saw a picture of them online somewhere, but I wasn't aware of the story.
 

bearswede

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Unexplicably, the jury ruled against Clark Roberge in the civil case involving a group of suspect antique bottles!!! Roberge had two expert witnesses, including Norm Heckler while the other party had none; still, the jury was not swayed... How can this be?

The only comforting point made during the trial was the revelation that antique bottle collecting is now third in popularity behind stamps and coins...

Still, apparently the average juror may not have enough familiarity with pre-1900 bottles and manufacturing techniques to make sound judgements in a case such as this... Also, speaking from my own experience with our legal system, many judges are either clueless or just don't care enough to take the time to make fair and balanced decisions...

Sad...

Ron
 

Roger

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Thank you for the update Ron, here is the newspapers version of the result....

From The Republican
Battle of bottles settled in court
Sunday, December 05, 2004
By BETSY CALVERT

GREENFIELD - A jury ruled earlier this week week in favor of an antique glass dealer from Orange who had been accused of making fake antique bottles.

In a detailed civil case of claims and counterclaims, the jury in Franklin Superior Court ruled in favor of Donald Osborne of Orange on all counts, except one. The jury also ruled that the defendant, Clark Roberge of Henniker, N.H., pay $4,100 to Osborne.

On one count, the jury ruled in favor of Roberge rejecting Osborne's accusation that he had engaged in unfair business practices.

Osborne had also accused Roberge of defamation after Roberge's wife posted pictures of five bottles sold by Osborne on the couples' "Bottle Hall of Shame" Web site. Judge C. Brian McDonald dismissed that claim before the case went to the jury. The Web site did not name Osborne, although he said everyone in the close-knit "Bottle Community" knew they were his.

The jury's ruling means Roberge will have to pay Osborne the $4,100 he owes, even though Roberge had counter-sued demanding back the $7,000 he had already spent.

The case brought in the testimony of an antique bottle expert and revealed that antique bottle collecting is the third most popular collecting hobby after stamps and coins. The expert witness had testified that Osborne may have created the bottles himself by melting down the antique glass shards he collects. Roberge had sought to have criminal charges filed against Osborne, and went so far as to have police search his workshop. No charges were filed.

Osborne had no expert witnesses testifying that his bottles, which he said were made in the 19th century, were authentic, although he maintains they are.

Roberge's lawyer, Edward Berlin, was not available for comment yesterday.
 

Roger

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I located the website referred to in the December 5th article http://www.gsinet.net/~bottles/thebottleroom/reblows.htm
 

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