Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-05-31

and his friends. A large gang, some two
or three hundred of the "Finnegan" per-
suasion were crowded around the ballot
box, and on signal from Cain, set up
such an unearthly yell that nothing else
could be heard and no business tran
sacted.
The result was, that after about two
hours speech in this way, Messrs Page
and Cain both withdrew aud another
man was elected Moderator and closed |
the business Of the meeting,
This prosecution was instituted by the |
town grand juror against Cain, for dis
turbing that meeting, under section 10
OF chap. ll6 OF the Ger. Statutes. \
great many witnesses were examined
during the trial which in the main dis
closed the foregoing facts,
The grand Juror claimed on the argu-
ment of the case that Cain was not le-
gally elected Moderator Of the annual
meeting
First-The Statute does not contem-
plate any such mode Of electjng officers
as drawing cuts.
Second-As soon as the cuts were
drawn the voters present entered their
protest against it and
Third-A large number OF voters pres
ent were insisting upon right to vote,
when the box was turned on the inform
al ballot,
But if Cain was the legally elected
Moderator of the annual meeting, it did
not extend to any subsequent meetings,
BECAUSE
First-After the first ballot for Mod
orator, resulting in a tie, the meeting in
stead of proceeding under the act Of
1864, abandoned that Statute and elected
a Moderator in a different way.
Second-Because on this short ballot
there was no demand made for ballot
and registry of names.
Third-There was no record OF votes
kept and,
Fourth-The box was not kept open
fifteen minutes as required by the law OF
1864.
This act of 1864 provides that when a
Moderator is elected in accordance with
the provisions of that act, he shall hold
his office one year; but if elected under
the Gen. Statutes he is Moderator only
of that meeting for which he is elected.
In any view of the case, then, it could
not be claimed that Cain was Moderator
of any meeting but the annual one when,
as he commended, ne was elected, and as
a matter of course was guilty OF dis
turbing the meeting of the 28th OF
April.
The town records were also introduced
in evidence by the council for the State
and were in accordance with the forego,
ing statement Of facts.
Mr. Joyce, in his closing remarks for
the prosecution, distinctly stated thai
there were no party or personal consid
erations that impeled the citizens who
took the matter up, but they were &C
tuated solely by regard for the peace
and well being of the communicative
credit and honor Of the town. Mr.. Cair
had always attended town meetings anC
had more to say in them than any othe1
citizen-but he had never been inter
, rupted Or interfered with-and had en-
joyed the largest liberty. There was NJ
r disposition now to interfere with hi!
rights and privileges as a citizen. Blu
there was determination to put a stOl
, to the rowdyism that was now inter
ruptng the transaction Of public bust
ness, disturbing the peace Of the com
munity, and bringing disgrace upon tn
;, whole town, The words OF the Statut
y on which Mr. Cain was arrested anC
- brought to trial, are the following:
SEC. 10. If any person, by tumuItu
Gus noise or quarreling, or by any disor
G derby or unlawful act, shall disturb an,
e town. society, or district meeting, or tn
e exercises Of any school, Or any Othe
meeting lawfully assembled, Or by fore
or menace, hinder or interrupt the bust
{ ness Of any such meeting. or the exer
II cises Of any school, he shall for ever,
= such offence be punished by fine not ex
d ceeding one hundred dollars.