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

UtuIu WITS. O0d0tt MAKE Innocent TtInaTkS
to the young men in his store; could only
recollect one of them it was when Mr..
Chaffee was working on the water closet in
the basement of his (witnessO store. Mrs,
Chafee said to the young man, /" Tommy, is
the water closet finished yet?' This witness
was asked if his feelings were not hostile
to Judge Royce, and he admitted they were
unfriendly. The testimony Of Mrs. Morrow,
Mrs Wheeler, and Mr.. Spcer, before re-
ferred to, were as to having seen Judge Royce
go into Mrs. Chaffee's house, and were in
the form of dispositions. The offering Of
these, and of certain docket entries from the
Franklin county clerks office, concluded the
respondents case.
In its rebutting testimony the state left
the regulations of Mrs. Burt and Mrs. Hay
den where the respondents witnesses had
left it; it was not denied but that Mrs. Hay
den was notorious prostitute, and Mrs.
Burt the same The following witnesses
were introduced and swore that they had
never heard Mrs Chaffee's reputation ques-
toned at any time until within the past two
years, when the effort was made to defeat
Judge Royce two years ago; then for the
first time they heard Mrs. Chaffee's reputa-
ton talked of; never heard it in any other
connection than with Judge Royce. The
witnesses were T.. q. Lucas f. S. Strana-
han, w. II. Hunt, John Sheerar, S. S. Be
dard, Frank Ballard, T.. ID. Fuller, DIR. o.
f Fassett, John Bedard Charles Wyman,
Herbert Branard, Frederick butcher. A
plan introduced showing the location
of Mrs. Hayden's room, at the head of some
outside stairs and showing where Mr.. Per-
raum sat when he claimed to have seen
Judge Royce go up the stairs and into the
room. The purpose of the plan being Of
fered was to show that in order to have seen
Judge Royce go in as he swore, Mr.. Perraum
must have been able to see through the
, corner of house, whose projection shut off
! the view of the door from the steps where
Perraum sat. The chief Justice was then
called in behalf of himself and took the wit
ness stand. He said that some years ago,
when Herman Beardsley was alive, mem
/ Der of the bar living at st. Adams, he had
his office in the room that it is shown Mrs.
! Hayden now lives in. At and about the
time Mr.. Beardsley was there he (witness)
had been up into that room several times.
| MIR. Beardsley died some time in 1877, it ap-
peared.] He had been up those stairs once
since then a few years ago. He had left a
book on the cars of the Mssisquoi railroad;
enquiry of the train hands failed to find the
book; one of the men said that perhaps
Jackman, who sometimes ran az brakeman,
! might have found it, and his informer told
Judge Royce where Jackman lived, over
the rooms and in the building where Mrs.
Hayden was located. One day being by
the place he thought he would see if he
could find Jackman: he went up the stairs,
knocked at the door, and enquired after
Jackman, but he was not there. That was
the only time he had been in that house.
He had been into the Chaffee place on three
the court house was being built, eight or
nine years ago; he went there and employed
Chaffee to fit up the book shelves and cases
in the court house Office of the judge in the
court house; he was also there once to get
Mr.. Chaffee to do some house carpentering
on his the witness) farm at Berkshire; on
one occasion he saw Mrs. Chaffee; that was
the only time he had seen her in her own
house: had never heard his name coupled
with that of Mrs. Chatfee in an improper
manner until two when the at
tack was made upon him by Lawyer w. ID.
Wilson respondents counsel) Judge Royce
also admitted having been in Mrs. Burt's on
several occasions. Mrs. Burt's husband was
James Burt, a member of the Franklin
county bar, deceased. 1t was about ten
years ago he was at Mrs. Burts. He had
lost two volumes of Ai1en's Reports and de
sired to get them or others to replace them;
it was suggested to him that Mr.. Burt might
have had those reports, and he might be
able to get them from his widow. AT that
time he did not know that Burt had been
married, and did not know the reputation of
his wife, and did not learn it until about
1877. He used to bow to Mrs. Burt when he
met her. until once he saw a man passing
whom he knew-give him surprised look
such look as made him suspicious. He
enquired of Mr.. A. S. Hyde about the
woman, and for the first time learned of her
reputation. Since that time he had not rec
ognized her, nor seen her to speak to her.
He went up to Mrs. Burt's room to enquire
about the books; was up there twice, and
could not find Mrs. Burt; went up again
and enquired of her; she said she would
look to ascertain would enquire of her hus-
bands brother, and would look among some
; effects of her late husband. The time passed
along and. hearing nothing, Judge Royce
called again; Mrs. Burt could give him no
information of the existence of the two Re-
ports, He left and those were the only
times he was ever in there. Judge Royce
then testified about the trip pass out West;
how he came to be invited to join the party
and also on the trip TO Quebec; on each he
had borne his hotel and other expenses; had
never solicited a pass in his life when he
; was elected to the supreme bench pass
was sent to him from every railroad in the
| state, and it had been sent to him since. He
used it as he knew all the other members of
the court had used and did use the same
: | privilege The state also introduced evil
dence to show that the states attorney of
Franklin county is A. A. Hall, partner, of
Mr.. Wilson, a man very hostile to Judge
! Royce, and counsel for Mr.. Maloney in this
case and the civil case. This evidence was
introduced, as stated as bearing upon the
: claim of the respondent that he had not
| been fairly dealt with in being indicted by
the grand jury of Orleans county instead OF
in Franklin county.
} The testimony was closed Friday morning
} last at about half-past nine A. NJ. 1t was
) ably argued on both sides, Hon. L: II.
Thompson opening for the state; II. c.
|
) spondent. c. A. Prouty closed for the state.
: Hon. A. G. Stafford left the case on Thurs
| day, being called home by the sudden ill
/ ness of his wife.
The charge of Judge Powers to the jury
occupied an hour in its delivery. 1t was
very able and clear presentation of the law
and the facts of the case, and in its charac-
, ter was fair and impartial to the respon-
dent. The following is an abstract of the
> charge; /" Gentlemen Of the Jury-The case
, which is now approaching its conclusion is
an important one, not only as it affects the
| parties directly concerned, but as it affects
| the people of the state of Vermont. Its
| trial has been attended with considerable
delicacy and embarrassment not only to the
members of the bar but as well to you and
much more so to me. But, Notwithstanding
the peculiar relation in which we all stand
= to the case, it is to be tried like every other
| case in court. In the eye of our law all men,
high and low stand upon the same broad
level of protection and in this case they are
to so stand to-day. The case is to be tried
as if all the persons involved by its conse-
quences were the two humblest citizens in
Vermont. The indictment charges the re-
| spondent with the publication of a libelous
: article in the Richford Gazette in its issue OF
May 10 last, The charges in the indictment
are set forth in three counts. In the first
count the indictment charges the respond
r ent with averring that Chief Justice Royce