Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-03-27
THE PAGE RAILROAD SUIT
EXAMINATION Of THE DEFENDANT.
Inintcresting but Valuable Testimony
The Gas" likely to Continue for some
Time Longcr-The lain for Nouch-
crS and Papers Denied Large
Crowds attending the Trial.

RUTLAND. March 19.-Thc examination
of cX-GOv Page in the great Rutland Ruil-
road compdnys suit against him wa, re-
stunned this morning. Page produced the
memorandum check referred to ON the
first day which showed that he had Dor
ruWcd and received from j. VI. Haven.
treasurer, Sl3, l6i, being the balance due
from Page to he railroad, according to
the abatement made by Haven 1t had
endorsements Feb S, 1852, S33OS -, Dec.
81, 1913, which were credits for salary and
expenses. The memorandum was finally
taken up Jan. ?, 1853, 10y dcposting the
amount necessary to lIavcn's credit as
treasurer in the bank. Page said he never
knew bow the FIRST credits were applied
tlll he took the memorandum up. The
witness could not tell whether certain ac-
ccptnnccs about which Inquiries have been
previously made and numbered lSl-1S7
were the ones which Haven sent to BUs-
ton in response to u telegram end
signed in blank, and WAS unwilling to
spend time ont of court i'm irving
to find out He lid not think NE had the
proceeds OF amy IF these uCccptHucc~. He
was then asked to state the dates and
amounts Of the credits which he claimed
were enormously omitted from he settle
mrnt with Haven and said he had iur-
ui>hrd specifications which contained
every item OF his claim. lie mad vouchers
which he should produce in proper time
but should take the advice of counsel
whether he would don't now or not Plain
till ; counsel then gave "ullicidi' notice to
produce them.
Witness testified that he never had paid
fan 4
had in his hands. The matter of having
certain entries made upon the books in
accordance with the report made by Mr..
Williams after llaVeu'S resignation was
discussed, but deferred by the directors.
Item fourteen of the plaintiffs spccilica-
tOns being claim based upon the issuing
10 Gen. Whitney OF Il lot of preferred
stock in exchange for second mort gage
bonds. The witness said he personally
had nothing to do with che transactions
except to sign the certificates. The
charter provided that preferred stock
should be issued for $50 bonds. but this
WAS dUnein settlement of Whitney claim,
which he was threatening to enforce
under the advice of counsel.
Item fifteen was Tor profits claimed to
han been made by Page out of the Smaley
mortgage, which was assigned to the Rut-
land railroad Co., and certain stock, bills
and cash paid therefor Page said that
Observation-Disclosures but received whatever
was received by him, as trustee i'm behalf of
certain persons, Peter Butler and others,
who had made some loans to buy the
stock and put 1t into his hands. Page also
himself had 300 shares e., stock included
in his settlement. Pages counsel object
ed to all this on the ground that it was
perfectly proper for an officer to act a.
Page did, unless there was II claim OF
fraud, and if there was fraud the remedy
was by a suit in equity.
item sixteen was for certain profits il
was claimed Page had made out of Ger
tain bonds, the amounts of which could
not be then asccrtained.
Item seventeen was for profits allie ged
to have been made by Page rs a stock
holder of the burlington Steamboat com
pany. Defendant claimed that this mat
ter cannot be considered under the spcci
licatlons and the matter was postponed
tin afternoon.
Item twenty was for alleged profit,
made in buying and selling scrip divi
dends. The witness did not know hoN
much he had. He had some a~ stockhold
cr and bought some in open market, pay
ing from 60 to 30 per cent. and had cN
changed them all for bonds of the rail
road. which he had afterwards sold.
la the Afternoon the court allowed tn,
plaintiff to examine about the affairs O.
the burlington steamboat company. bu
under the exception OF the defendant
Page testified he put in about $1,000 lat
lls uUt OF lI-i shares. lie Melted aOOu
5000 on his Investment. This stock wa
sold to the Rutland railroad company fol
bonds and he had received about $500, in
Guiding dividends and interest ON bond,
he TOOK, in addition to the Sll 900 OF boud'
. he received.
CoHnsellors Barrett and Ormsbec thel
made demand that the witness prOduC,
. certain n1npr'S am, vouchers lt his Ipn1ut
which would show the amounts and date,
of the credits omitted from the settlement
with Haven und various other papers.
Friday Gov Page was examined as t,
the Addison railroad stock trans lctiol
with j. w. IIickok. This is item nineteel
of the specifications of the railroad. The!
claim to IecOver the dividends on bon
shares Of stock of Addison road for fly,
years during which it stood in the nam'
of j. w. EIickok, who drew the dividends
The railroad claim that the stock actual!
belonged to them and that Page shout,
account for the dividends Hickok drew
amounting to $500. Page testified he, IL
president and in behalf of the Rutland
railroad company, sold 800 shares of Addi
son stock for ST., 900, which HickOk pait
and which went into the company's treas
ury. That in 1883 he bought the stocl
back for the company, paying $4,000
That both the sale and repurchase wa,
talked over by the directors, although ne
formal vote was had. Pages counsel
Gen. Burnett. objected to receiving testi
mony under this item, because the rail
road had ratified the transaction, ant
claimed that they cannot recover the di
yidends in this found action unless they
actually went To Gov. Page; that perhap,
an action of different form might he
brought to recover for. wrOngfully allow
ing Hickok to draw dividends belonging
to the company-it such were the fact
Mr.. Ballard in quite Il lengthy argument
renewed his motion for an order to compel
Page to produce the vouchers and papers
the railroad asked for yesterday, Offering
to withdraw Page until next week from
the witness stand and put Haven on SO as
to allow time for Page to prepare him
self for the examination the want of time
being one of the reasons his counsel had
given for not being prepared with them
The court again denied the motion be
cause the vouchers and papers asked fol
were parepared and arranged by Page
IN hi nlu