The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-10-01

7
county bar were applied to but after consult
alton declined to take part in the trial.
The first witness called on the defence was
Colonel A. Il. Jewett, superintendent of the
st. Johnsbury Il Lake Champlain Railroad
! Company. He testified that Judge Royce
had had an annual pass over that road since
1t was built and first run On one occasion
he met Judge Royce and Mrs. Royce on the
train and asked them If they had ever been
| to Old Orchard Beach, and on hearing they
| had not, asked them to accept pass to that
place and return. The pass was accepted,
and subsequently, that season, the Judge
and his wife travelled on it to Portland. Mr..
Jewett could not fix the time he gave the
| pass He had case in Franklin county
| court pending at about this time butcoud
not say whether 1t was the same year the
pass was given or not. In cross-examinatiOn
| Mr. Jewett stated it was customary to give
all state officers passes, the judges of the
supreme court included. The trip pass was
given to Judge Royce as to many other
people of prominence to induce them to
take the trip to Old Orchard, that their
talking about their trip would advertise the
route The case he had had in Franklin
county was settled, and not decided by the
court or jury. The respondent then intro
duced William c. Place of Highgate, who
had been deputy sheriff of Franklin county
in 1878. He at one time went mp to the
room of Mrs. Burt, notorious prostitute,
living on Main street in st. Adams, to serve
papers on an inmate of the place; he saw the
| form OF n man Ill MIS-. buEI TOOIl Indl ne
thought was Judge Royce; had seen the
Judge in the vicinity of Mrs Burt's and in
the stairway fifty times, or perhaps more, it
might be a hundred times, during the last
year he was at St. Adams as deputy sheriff.
| In cross examination witness said he would
not swear it was Judge Royce he saw,
positively, but would swear he thought it
was. AS far as he knew he was not UNI
friendly to Judge Royce in his feelings; had
heard his father talk against Judge Royce
| in ion xtyith n laxpa hat ~
tried; had never expressed any unfriendli-
ness himself that he could remember of.
Ex-Governor j. Gregory Smith was then
called; was president of the Central Yer
mont railroad. Ever since he had been on
the bench, Judge Royce, together with the
other judges, had received the annual pass
of that road. 1t had been the practice to
extend the same to all the judges, and all
had received them from Chief Justice Will
| liams to the present supreme bench. The
| reason the railroads in this state and others
extended passes to state officers was to
make some return to the people for the
franchise granted the railroad company by
their charter. The travelling expenses of
such officers would otherwise be paid out of
, the state treasury from the funds raised by
taxation. He had extended an invitation
to Judge Royce a few years ago to make a
western trip with party of friends. This
trip Judge Royce took. 1t was made in the
private car of the railroad which was hauled
over other railroads without expense to
Governor Smith or the Central Vermont
: railroad. Judge Royce had paid his own
travelling expenses except car fare On
another occasion when Governor Smith
went to Europe, Mrs. Smith invited several
of her st. Adams friends, ladies and their
husbands, to accompany the ocean voyagers
as far as Quebec. This trip Judge Royce
E | made, together with his wife. On this
, trip also to Quebec Judge Royce bore
l | his own expenses except car fare. The
, | trip from Montreal was made in the car of
| the president of the North Shore Line, who
rendered the use of it to Governor Smith
| and party Mr.. Smith also further testified
that he had been a member of the bar with
} | Judge Royce and a warm friend of his from
| youth; that the invitation to the West and
the trip to Quebec were the outgrowths of
. | the social relations existing between himself
= | and family with Judge Royce and family.
Witness testified in answer to questions
= that there had been pending for a quarter
of century litigation involving millions
of dollars in which suit the railroad was a
| party. In this Judge Royce had acted, as
; | Witness had had only one civil case in
/ | court during the length of time involved.
: In that he was beaten, took the case
| to the supreme court where it was reversed,
t | another trial was had, also resulting in IA
p | verdict against the witness with large
damages; was not acquainted with Mrs.
= Burt, nor with Mrs. Hayden nor with their
p regulations; had heard the reputation of
Mrs. Chaffee questioned; it was during the
g | crusade against Judge Royce at the last
a | session of the Legislature; the only person
he had heard question that ady's reputation
was w. ID. Wilson, counsel for Mr.. Maloney.
Milo Clark was called and testified He
lived at ST. Adams; had seen Judge Royce
| go up into Mrs. Burt's about a dozen
times, perhaps less 1t was always in the
. | day time; never saw him go up at night
$ kept a livery opposite Mrs. Burt's; the
f | street was about six rods wide; it was from
: eight to ten years ago; never had told any
$ body of the matter at all until he related it
, | on the witness stand; never saw Judge
/ Royce come out of Mrs. Burt's. The follow
f ing witnesses testified to having seen Judge
f Royce go into Mrs Chaffees or passing by
e ii from one to four times. Mrs. III. ID. Sabin,
1 | Mrs. Wheeler Mrs. Enoch Kemp, Mrs.
Y Morrow and Bradley Wheeler-these wit
h nesses testified that Mr.. Chaffee was house
$ | carpenter and lived at home with Mrs.
Chaffee and two sons, young men, during
1 | the time in controversy, 1876 to 1878. In
f addition to the witnesses, an abstract of
e whose testimony is given above, the follow
T ing witnesses swore to having seen Judge
: Royce go into Mrs. Burt's on two or three
r | several occasions in the evening from seven
= to half past eight o'clock: John Charbon-
: neaux, Joseph Goron and Joseph Jeu-
r Mousse These We're all the witnesses who
e testified to having seen Judge Royce 60
e into Mrs. Burt's, They were shoemakers
{ | and worked in the shop over which Mrs.
s | Burt's room was located. The cross ex-
, | animation of these last named witnesses
/ was to the time, etc, and to elicit the
: fact that the part of Main street upon which
Y the residence of Mrs. Burt is situated was a
: well-lighted and busy thoroughfare.
e There were three places mentioned in the
a | specification, viz. Mrs. Burt's, on Main
e street. Mrs. Hayden's, on Main, corner of
: Fairfield, and opposite the American House,
= and the residence of Mrs. Chaffee on Con-
n gress street. With reference to the charge
S that Judge Royce frequented Mrs. Hayden's,
$ but three witnesses testifed-Joseph Per-
d | raum and his wife, and one Henry McCarroll.
d The two first named had seen him go in
l. | twice and the latter, once. McCarroll would
y not deny, on cross-eXamination, that he had
t stated Judge Royce socked it to me one
+ | time, and now | have a chance to get even;''
# referring to a case of Rugg rs McCarroll,
r for an assault in which the plaintiff recov-
t cred. Mrs. Perraum testified to having seen
e Judge Royce walk up the street with Mrs.
d Hayden, and go into her residence; on an
) other occasion, early in the evening, she
y saw team drive up TO Mrs. Hayden's and
e a man helped Mrs. Hayden out; she called
i it Judge Royce. She never had told any
$ body what she knew until a week ago when
Y | she was in the building in which the Office
. of w. ID. Wilson is; Mr.. Wilson Counsel for
e respondent was the first person she ever
e told, On the cross-examination of Mr., Per-
: raum, he admitted he had not worked for