Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-04-03
THE RAILR0AD'PAGE TRIAL
A DETAILED REVIEW OF THE CASE.
Two Weeks Used up and Nothing Ac-
complished-Eforts of the Clement
Faction to Bulldoze Ex-Gov'
Page-The Views of an Occa-
sional Correspondent

has DpCn Ill COult WV "NNN' '''N' nv
body cares to predict the end. 1t is
probable that two weeks more will see
the close "a good way off. Up to the
present time the result in favor of the
plaintiffs is absolutely negative, and the
friends of Gov. Page feel more certain than
ever of his entire innocence of the charge
and the unfairness of the persecution to
which he has been subjected The Glenn
ent case (for it is solely the child of the
Clement family is probably the most pc.
culiar one ever taken into a court in Yer
mont. No man of mature Judgment
would have asked a lawyer to take such II
case into court and no lawyer of sound
reasoning would have consented to do it.
The plaintiffs case has frequently been
called Fishing expedition" and that
seems to be the view taken of it by disin-
terested lawyers and the intelligent pub
lie who have followed the case Lawyer
Barrett is given credit for being the most
pronounced disciple of Izaak Walton in
the case. He has been persistently fishing
for two weeks and his opponents say he
has caught nothing yet-in that respect
contrasting with Izaak 1t is freely
charged by Pages counsel, and seems to
have good foundation in the record of the
case, that the whole aim of theiprosecution
up to the present time has been to fish"
a case out of their first witness, Gov
Page. And it has required a good deal of
skill in the opposing counsel to keep them
from prying into the defendants case. On
Friday last the plaintiffs made a deter
mined effort to get private memorandum
of Gov. Pages into their hands. Pages
counsel objected and the Court sustained
the objection The Rutland Hcrald
wrongly reported that the Court admitted
the memorandum
The case is conducted on the side of the
plaintiff by James G.. Barrett, son of eX
Judge Barrett, Joel G.. Baker, Lieut-Gov
Ormsbee and Henry Ballard. Barrett is
the examiner, Baker and Ormsbee argue
the law points, and Ballard will address
the jury. Barrett is young man and has
been in the case longer than either of the
others. He is rather abrupt in his meth
DDS and sometimes much too savage for
the best effect. He is rather quick-temp
cred and from his manner Il spectator
would judge that the case was not going
exactly to suit him. 1t is quietly stated
by those who know, that appearances do
not deceive and that the Clement counsel
are not wholly satisfied with the case up
to the present time. Friends of that side
outside of counsel don't hesitate to say
that they have no case. They may be
holding their heavy artillery to the last,
however.
In marked contrast to Barrett is Gen
Burnett of New York, one of Pages coun-
sci. Keen, quiet polished with perfect
confidence in himself, his case and his
client, IA few sentences from Gen. Burnett
will clear away the cobwebs from II law
point in very few minutes. Indeed, all
of Pages counsel at the head of which
in length of service and clear understand
ing of the case is Col. Walker-feel par
ticularly pleased at the way the case is 60
ing and cannot conceal their pleasure.
There have been good many sharp
legal tits. nearly all of which came from
thedefendant's objection to the plaintiffs
alleged efforts to get at the defendant
case.
The plaintiffs doubtless expected to get
a good deal to support their case from eX-
pert Mclaughlin, whose alleged expert re-
port did more than any other one thing to
bring the case into court. They had Il
right to expect something from him. But
when Pages counsel cross-eXamined him,
going over his report item by item, and
he acknowledged one by one that he might
have been mistaken on every one, and
that some of them were plainly errors
the eminent counsel must have felt that
the bottom had indeed dropped out OF
their case.
The Page side has made most thorough
preparation for the trial. \ complete
transcript of the railroad books has been
made and the three experts who made the
examination sit in court, day by day, with
Il mass OF figures before them watching
all the witnesses and prepared todemolish
all previous experts. 1t is rumored that
the fear of these gentlemen led Mr.. Nc
Laughlin to be exceedingly careful about
making loose statements.
TWAS supposed that eXTreasurer Haven
would have been put ON the stand Friday
but he was not called. The plaintiffs call
ed Judge Dunton, llaven's counsel, and
examined him relative to an interview
with Coy. Page at the time of the discov
cry of the deficiency in the railroad cash
In the afternoon Page was again called
and was on the stand at the adjournment
of court.
Saturday morning Judge Dunton wa.
on the witness stand a few moments t
correct something said in his previous
testimony of no great importance. Tn,
rest of the morning session was devoted Il
hearing arguments of counsel in refer
ence to the admission of certain eVidenc,
which the defence claimed should be eX
Glued The evidence related to the item,
from one to seventeen inclu, We, in tn,
plaintiffs specifications The defence
claimed that none of these items can bt
recovered in an action of assumpst; but i
Gov. Page can be compelled to accoun
for these items at all il must be by bill
decision until he could examine the au
thorities presented by both sides
The case will proceed Monday after
noon. Presiding Judge Neazey has a diff
ficult task to perform, but he is compli
mented on all hands for his careful atten
ton to the case and the impartiality o
his decision.
The court room is daily crowded witt
spectators, large part of whom ar
ladies.
Monday afternoon Judge Veazey rem
dered the opinion of the court upol
the arguments of the counsel wit
regard to the exclusion of certai
items in the plaintiffs specifications
The counsel for the defence claim
ed that some of the items had been adjud
Gated 10y II Court of Chancery and tn
plaintiff could not recover for them in thi
action. The court sustained this position
saying that~f even less doubt was ente
tanned that this adjudication should nc
be regarded as final the ruling would be tn
same, because the plaintiffs rights coul-
be saved by exceptions, and they could nc
rule in accordance with the argument {
counsel for the plaintiff that Gov. Page a
president of the Rutland railroad coul
not have matters adjusted in Court c
Chancery contrary to the interests of tn
company. But in regard to all the item
in which the plantiff claimed that tn
defendant had received the profits G
tIa .t..I h,.,