The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-03-14
Rutland County Court, March Term,
1877

Hon. HoYT II. WHEELER, Chief Judge.
Hon. Hon. s sssaS q M Ef Donn, Asst Judges.
HENRY II. SMITH, Clerk.
WILLIAM M. FIELD, Sheriff.
SPENCER G. RoeERs, Court Reporter.
Tuesday, March 13-The court opened
with prayer by the Rev. ]. W. Eaton, and
the usual proclamation by the sheriff.
On motion of Geo. NJ. Fuller, ESQ.,, A.G.
Stone of Wallingford was admitted and
sworn as an attorney of court.
Hon. d. E. Nicholson arose and taid
II the court please, If there be no other
business to occupy the attention of the
court it has been suggested by some of the
younger members of the bar that should
at this time make the public announcement
of the demise of the late Judge Smalley of
Burlington, whose funeral is now being at
tended at Burlington, not only by the FAM
lily called upon to mourn his departure, but
also by large representation of the bar of
this state and likely from adjoining states.
Judge Smalley was well known by
the Oldest members of the bar at
ably out of the ranks of the profession
history. The ability, purity and patriotism
with which he has served the cause of the
people in his high station is known
to the current generation. BE has
ineffacably and indelibly impressed
himself upon the ages. He has made
a record that the state will be
proud of as q monument Of judicial purity,
loyalty and patriotism, because he has
been called upon, though judge, to devel-
op all those qualities-a trial that every
judge is not subjected to. We have
thought it an appropriate recognition at
this last opportunity, while the funeral ser
vices are current in Burlington, to honor
his memory by moving that this court, out
of respect to his memory do now adjourn.
make this motion for the consideration Of
the court and with the hope that the MEM
bers of the bar will be called upon to re-
spond while it is pending before the court.
Judge Dunton said:
May it please the court heartily second
the motion for an adjournment made by
my brother Nicholson. 1t was not my
good fortune to know Judge Smalley as a
member of the bar, as did not come to
the bar myself till after he had been ap-
pointed to our district court. Judge
Smalley has certainly filled that position in
such way as to entite him we think to
the consideration of the people of the Uni
ted States. We all remember how in the
dark days of '60-'6l, when treason was
rampant in the land, not only in the south
but in the north, how the firmness display
ed by him upon the bench in n certain
charge to the jury in the city of New York
endeared him to the people of the whole
country. We think that his memory is
deserving of such recognition from this
bar as he will receive from other bars in the
state. He was man of some peculiar
itiee, man who seemed to have an innate
hatred of any kind of meanness, and we all
remember how if anything of that nature
was brought to his attention in his court,
with what sternness and severity the par
ties who had attempted it were rebuked.
He endeavored at least to see to it that
upon all occasions and in all trials justice
should be done 30 far as was In his power.
He occupied several distinguished positions,
and secured the respect of the whole peo-
pie, and certainly is entitled to this record
of respect which trust his memory will
receive by the action of this court in thus
adjourning at this time.
Judge Wheeler said that the court heart
lily concurred in the expressions of re-
spect for Judge Smalley and that the mo-
ton would be granted. The court then ad-
journed until tomorrow morning at nine
o'clock.
The first case this morning is Harrison
We. Harrison.