Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-05-01
THE RAILROAD-PAGE TRIAL.
Gov. Page Rests and Mr.. Prout Takes the
Stand-The Warm Weather Making
the Trial More Wearisome
Than Ever.


The cross-examination of Gov. Page
was finished about o'clock Thursday af-
ternoon and Judge Prout was called to
the stand by the defence. He stated that
he never learned from conversation with
George b. Chase that the latter was ready
to sell his equipment bonds at par. Also
in reference to conversation with Mr..
Haven, in which witness asked If Gov.
Page had the money of the Railroad,
Haven replied that he could not say that.
The defence will get their case all in Fri
day morning, there being but one other
witness and some papers TO put in when
Court comes in on Tuesday. The plain
tiff will begin on the rebuttal which will
consume at least two days.
The examination is so dry and unintel
ligible to those not familiar with the case
that spectators have ceased to fill the
court room, only now and then one
lounges in. The young ladies have not
graced the court room with their presence
this week. The novelty of the case is
evidently wearing off There is more or
less gossip about the matters involved in
this suit but nothing has occurred re-
Gently to justify the rumor that the plain
tiff offers to withdraw the suit, provided
Gov Page will make terms. Both sides
talk very confidently, and probably Meth
er will be at all discouraged by the verdict
of the jury. The record of the case is full of
exceptions by both sides, and it will have
to go to the Supreme Court in any event.
This warm weather makes even witness
and counsel look languid and Indifferent,
and scarcely an objection is heard now.
Friday morning the defence called
Mr.. Barker, an agent of the express com
pany here, who testified from his books in
regard to a package containing $4,000 in
bonds coming to j. b. Page, but which
was taken and receipted for by j. NJ.
Haven. There was brief dispute, coun-
sci for plaintiff claiming that this bond
transaction was not material to this case
and the examination was cut short. John
IL. Howe of CaStletOn was next called in
regard to certain paper containing u
statement of j. b. Pages account with
the Rutland Railroad company, and which
Gov Page claims to have been lost be-
tween him and Mr.. Haven. Mr.. Howe
stated that while he was States attorney.
just before the sitting of the grand jury
in Sept. 1883, the Governor handed him Il
paper for his use before the grand jury ;
and that he returned the paper to the Gov
ernor during that September term i'll the
court house here. Could remember moth
ing about the paper except its general
nature.
Mr.. Walker then called Percy w.
Clement, acting president of the Rut-
land railroad to the stand. and after ask
ing about his election as a director of the
company and his being chosen one of the
committee appointed to investigate the
affairs of the company, he asked if he did
not give certain statements to Il cores
pendent of the Boston Journal, and cor
rect the proof of an item which appeared
afterwards in that paper concerning the
relations which Gov. Page had borne to
the company. This item is the founda
ton for she libel suit, which is pending,
brought against the Clements by Gov.
Page. A fierce CONTROVERSY arose over
this question, and Col. Walker, in reply
to question as to how this evidence was
material, began sharp attack on Mr.
Clement. He said that though this suit
was brought in the name of the Railroad
Mr.. p w. Clement was the power behind
the throne that he was Pages personal
enemy, and had striven and was striving
to compass his destruction and he wished
to show the motives which led to the
bringing of this suit. Col. Walker was
interrupted by Mr. Barrett, wo objected
to his pettifogging, as he called it, and
bringing into the case matter wholly il
relevant.
Mr.. Baker stated that this suit was
brought with the consent and approval of
all the directors, of whom Gov. Stewart
was one, and other directors had testified
in this case and he objected to this attack
on Mr. Clement, who was merely per-
forming his duty i'll this suit as acting
president of the road. Judge Veazey eX-
cluded the question and the defendant
took an exception. After little wrangle
%.
the defendant rested with the reservation
to put in statement IN reference to the
transcript which plaintiff had made of
Gov. Pages private bank account.
An application was then made by coun-
sci for plaintiff to have court adjourn I'M
til next week, in order that they might go
on more rapidly with the rebuttal. After
some discussion Judge Neazey said the
sourt was ready to consent to an adjourn
ment If II would forward matters, but he
dad
length of the case already, and stated
that there was large amount of bust
ness to be done by the court after
this case was ended. lie said that already
this was the longest term of court ever
held in Rutland county that ordinarily
there were two weeks of court business
to be done after dismissal of the jury
and that the States attorney had several
cases which he insisted must be disposed
of this term. He would not say, or even
intimate, that counsel had unduly pro-
crastinated this case, but he would say
that at times their conduct had reminded
him of his own when he was in practice
and wished to prolong case. He said
his associates favored an adjournment.
At this point Gen. Burnett rose and said
that delay was expensive to Gov Page,
and this was the first time he ever heard
that progress was made by delay. Judge
Veazey, after consultation with his asso-
ciates, then ordered the plaintiff to go on
with the rebuttal
The first witness called was John b.
Page Mr.. Barrett questioned him close
ly in connection with the proceeds of ac-
ceptances witness said were credit
ed to the Railroad and tried to
get him to show from his bank
account how the credits were made
and what they were for. In answer
TO objections from the other side Mr.. Bar
rett said the purpose of the examination
was to show that these credits had been
applied to various items, that the same
amount had been made to appear in diff
ferent accounts, and rs different sums.
Gov. Page refused to produce one paper
containing statement of mis- account
with the Railroad, under the advice of his
counsel, and the Court refused to order
him to produce it, plaintiff excepted.
In the afternoon Mr.. Mussey formerly
cashier of the old National bank of Rut
land, was briefly Examined in reference to
ascertain draft that passed through the
bank. Mr.. Ballard announced that they
desired TO re-examine Mr.. Haven briefly
in regard to the Baldwin statement show
N mi Lar moo In inS i'm of