The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-10-02
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VERMONT CENTRAL RAILWAY AFFAIRS.
Judge smalley's vindication.


lii Judge smalley's vindication.
1t will be remembered that few weeks
ago during the sessions of the court at st.
Adams on the Vermont Central account
ing, and the examination of numerous
vouchers appertaining to certain moneys
expended by those in control of the Yer
mont Central affairs, was one from United
States Judge Smalley of Vermont, reading
as follows:
Voucher 79l.
BURLINGTON, Jan. 81, 1859
Received of Hon. Lawrence Brainerd
$4,000 90 for expenses. and money paid out
at the Legislature, and preparatory thereto,
for the Vermont and Canada railroad at the
October session of 1858.
.y (SgnedD d. A. SMALLEY
1t was charged that the $4,000 was paid
out by Judge Smalley at the legislative SEES
sion of 1858, and from the voucher as it
reads one would naturally suppose that
such was the case. Judge Smallev has
now come to the front to fully explain
his position in this affair, and the following
affidavit has just been produced by the
masters holding the c,urt OF investigation
on the accounts Of the Vermont Central
railroad ..
AFFIDAVIT.
l, David A. Smaley Of Burlington, Yer
mont, depose and say, that was intimate
ly connected with the Rutland and Bur-
lington railroad and it's management from
its inception to some time 10 1868, when |
retired therefrom, and since have had moth
ing to 10 with It, In 1916 or l847 a con-
troversy arose between the Vermont Cen
trail and Vermont and Canada railroad
companies on the one part and the Rut-
land and Burlington railroad company on
the other part, which was very bitter and
continued for a long time, sometimes 10 the
courts of this state and sometimes in the
legislature The controversy was mainly
as to how the Vermont and Canada rail-
road should connect with the Rutland and
Burlington railroad at Burlington.
In 1859 was the owner of all the stock
of the Rutland and Burlington company,
and remained the owner until 1868, and
had entire control of that corporation, and
of its action was also one of the trustees
of that road, and remained trustee until
some time In 1868, think. l WAS also
director in the Rutland and Burlington
railroad until some time in 1857 or SO,
think.
In 1856 or 1857. aud am quite positive
| that it was In the latter part Of 1856, the
Hon. John Smith, who deceased in Novem-
| Der, 1858, entered into An agreement, which
| If it could be carried out we hoped and be-
lieyed would, and ~ 1t aflerward did, settle
| all the controversy between the Rutland &
| Burlington railroad company on the one
part, and the Vermont Central and Yer
| mont and Canada railroad companies on
| the other part, in regard TO the extension
and amendments Of the charter Of the Yer
mont and Canada railroad company, by
which the Vermont and Canada railroad
company believed they were saved very
large expense.
By this agreement vas to bling all of
the influence of the Rutland and Burling-
ton railroad company to bear to carry out
the proposed settlement, and that corpora
ton did withdraw its objections to the ex-
tension of the Vermont and Canada rail-
road company, and consented that toe
present charter be granted and aided in
procuring the same. / think that the ar
rangement above referred TO was, for the
best interests both of the Vermont and
Canada railroad company and the Rutland
anu IDuEIuktOu IhiilOuu COLlDuuys u
BY the terms of this agreement between
Mr.. Smith and myself, the Vermont and
Canada railroad company were to pay me q
considerable sum of money. The precise
amount cannot now recOllect, but 1t was
more than three thousand dollars, for my
services and for the expenses ! had been
to, and which otherwise would have been
paid by the Rutland and Burlington rail
road company or the trustees in possession
of that Rad. st.l., l,.r urfii,f. M.
Mr.. Thatcher and Mr.. Chaplin, managers
of the Rutland and Burlington railroad,
were conversant with this agreement and
fully assented thereto. Owing to changes
10 the directors of the Vermont and Can.
ada railroad company this agreement was
not fully carried out until some time In
1865 or 1869. s.I.f.. .l
The SO, 600 referred to in voucher No
70l WAS paid in accordance with the agree.
ment above set forth. After this lapse OF
time and In my feeble state of health 1t Is
impossible for me to be exact in dates OF
details, but the main facts are us / have
hereinbefore stated. The money slipula
ted to be paid me was all paid in accord
ance with the agreement above set forth
aud though cannot now give the exacl
date when, II was prior to Jan. /, 1880.
l
under that agreement and covered by
voucher number FOL. was for money paid
TO any member Of the legislature, either
directly or. indirectly, nor was 1t ever in
tended 10 be 30 understood. Ell. ,.,.-.
The main facts In regard to the settle.
lnent of the controversy, as to the extern
sion of the charter of the Vermont and
Canada railroad company, were well
known at that time to all connected with
the railroads of Vermont, ~ was my con
nection with it, as believe, and am sure
that that settlement was very great nd
vantage to the Vermont and Canada rail
road company. u4 nyia8. N 4.
,sy (Signed) enia ID. A. SMALLRY
State of vermont,( 9. .lsu
Chittenden c0unty,C 90
| At the city OF Burlington, In said county, on
this 10Th day OF August, l7I6, personally ap
peared ID. A. Bmalley and made oath that the
foregoing af1idavit by him subscribed IL true u
the best OF his knowledge. information and be
lief. Before me n" 'i'. ID IN
nW (Signed) w. l.. BURMA, 81
/ has - -ar'sN Master In Chancery.
Upon the production of this affidavit
from Judge Smslley, through the Masters
holding court 10 whom II was sent, con
siderable interest was manifested by al