Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-04-17
THE RAlLR0ADPAGE TRIAL
EXAMINATION UNDER DIFFICULTIES.
Mr.. Bakers Objections to Mr.. Baldwin's
Testimony-Judge Veazey Admits the
Testimony and Refers Exceptions
to the Supreme Court.

The examination of witnesses for
the plaintiff was finished Friday, and
counsel for plaintiff after putting in
several written statements, relating
to Gov. Pages connection with the
various matters contained in their
| Specifications, announced that their side of
the case was closed, with the exception of
| putting in transcript of Gov. Pages
! private accounts at the National bank of
| Rutland which was not yet completed. A
| long quarrel between the counsel enSued.
/ Gov. Pages counsel claimed that they
could not 90 on with the defence, until they
knew specifically what they had to meet,
and they denied the right of the plaintiff
! to inspect the Governors private accounts
at the bank. 1t will be remembered that
this is the bank of which the Governor
was president. His counsel claimed that
by opening his private accounts to the in
spection of his enemies he might be great
ly damaged in collateral matters. On the
other hand, counsel for the plaintiff claim
ed that these accounts were material to
the case, and that they could not present
what was competent and material without
examining the accounts, and they would
have to use their judgment in the selec-
ton of the various items. After being
advised by Judge Neazey that it was bet
ter to come to some agreement than to Oc-
cupy several days examining witnesses
in regard to them, an arrangement was
finally made, by which counsel for the
plaintiff were to be allowed to go on and
make the transcript and hand 1t to de-
PENDANTS counsel as soon as was DONE
Israel Davy, teller of the bank, was eX
amined with reference to the examination
| 1,,, had ,la of hn he and tf
whether he had been allowed to make
transcript of Coy. Pages private account.
| He said he had not until recently After
considerable more pickering, Court was
adjourned until Monday afternoon, to al
low both sides time for preparing to 90 on
rapidly at that time, when the defence
will be commenced.
In the morning Gen. VIM. Wells of
| Burlington, one of the board of directors
elected in 1888, testified in regard to
Pages claim against the Railroad of 3d.,
600, which he presented against the Rail
road in August, 1888. His testimony
showed the same as that of Others that
Page offered to submit it to arbitration ;
and that he had discovered it since the re-
port he had recently made to the stock
holders. The Governor also claimed that
the 300 shares of Addison railroad stock,
which have been 50 often referred to, be
longed to the Rutland railroad.
Daniel p. Peabody, high sheriff of Rut-
land county, also testified in regard to the
payment by Gov. Page of the Chaffee exc
cution against the Rutland railroad
| which was put into his hands for cOllec-
ton in March, 1888.
If the transcript proposed by the plain
titfs counsel had been allowed the case
would be materially shortened 50 far as the
eXamintiOn of witnesses is concerned. But
counsel for Page claim the right to have
both sides of the amount shown, and to
| nh n n bnt inn nt
rial or incompetent. Counsel for plain
tiff also applied for leave to produce later
in the case Messrs. Wilbur and Turner, ex-
perts who made an examination of the
cOmpanys books in the first instance, and
who, they claimed, had been unable to APP
pear on account of sickness, this matter
was left in the discretion of the Court.
About two hours were consumed
Monday morning on the old wran-
gle about the items of Gov Pages
account in the Rutland National bank,
the counsel for the plaintiff claiming that
they could not get at the books of the
bank in order to effect their object speedi-
ly. On the other hand the counsel for de
PENDANT claimed they had given the other
side every facility to examine the books.
The dispute continued, despite the MUD
protests of Judge EeaZey, until his patti
ence became exhausted, and he brought
about lu)l with a thump, saying that he
) was tired of hearing the contradictory as
: sertions of counsel Judge Veazey order
, ed the PLAINTIFFS counsel to produce the
items which bear on the case, on Wednes
day morning.
The defence then called Hon. Henry f
: Field, cashier of the Rutland county
bank, to the stand He was Intercepted
, in regard to the account of j. NJ. Haver
at that bank from 1879 to 1888. In answer
to the objection Of Mr.; Baker that the.
were not trying Mr.. Haven, Gen. Burnet
4 stated that the defence proposed to trac,
= the deficiency in the Rutland railroad
e funds into the hands of Mr. Haven, ant
: thus to show that Gov. Page could no
i have had the money The testimony o
= titf's objection. He mentioned checks de
$ posted to the private account Of j. NJ
Haven, among them nineteen so-called ID
, ID. Ranlett checks of $500 each.
a &. w. MusSey, cashier of the Merchant
a. National bank of Rutland, was questione
in the same line, also under plaintiffs OF
lection, and gave some notes that ha
q been discounted by his bank, the proceed
a of which had gone to j. NJ. Havens's pei
ii sOnal account.
i q Leroy w. Baldwin of Rutland, one of tn
g defendants expert accountants, was the
20 called to the stand, and was questioned i
y. regard to certain classes of accounts o
n the books of the Rutland railroad whic
- he had examined. Among them wei
rents, of the road, viz: Central Vernon
'o rents ana rents from property of the con
a pany to private Individuals. He state
81 that he found the rents charged REGULAR
v on the journal of the railroad, but NJ
70 credited to the railroad in any of the
bank accounts; on the contrary most
r them We're found deposited to the accouI
at of J. NJ. Haven.
n. The defence did not open very smooth
ne for after the quarrel over the non produ
III ton Of the items relevant to the case,
~ Gov Pages bank account, the time of IL
n Court was largely taken up in hstenir
f. to objections and discussions. Jud.
| Neazey said he was not called upon to d
ne eide whether any particular testimor
q had bearing on what had preceded b
ld cause he could not carry such mass
to testimony in his head and counsel mu
II, understand that they must coniine the
IN testimony to material and relevant fact
w or they would imperil their case when Il
III record came to be examined. If tn,
he could show any specific items charged |
he the plaintiff to Gov. Page, as being
'e- Mr.. Ravens hands, that would be adm
r. sible.
Mr., j. H. Mimms, who, with Mr.. Pei