St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1909-11-10
VERMONT NEWS
Supreme Court Gives Decision in Favor of
George T. Howard.

case of State VS.. George T. Howard Of
Craftsbury a former state railroad com.
missioner, who was charged with pad.
ding" his expense accounts to the state
of Vermont, the supreme court of Yer.
mont decided in favor of Howard and
ordered the cause remanded to county
court. The lower court verdict was
$3.50 in favor OF the state. The court
holds that state official need not incon-
venience himself in the matter of charges
for per diem and expenses to the state;
that is, his going from home on official
business and his return may be taken at
suitable times and that he can charge
the state for time and expenses in such
travel. In cases where it is not possible
for the official to return to his home over
Sunday he is to be allowed to charge per
diem and expenses at a place on the route
ofhis travel. Furthermore, when the stage
connections from his home town to the
nearest railroad station are not good, he
can use his own team and charge the
state of Vermont for the use of the team.
Although the decision remands the
case for new trial in Orleans county
court, it is very:doubtful if the attorney
general or the States attorney of Orleans
county ever brings the case forward for
trial In accordance with the opinion
handed down by Judge Munson about
SIP would be the largest amount the
State would be able to recover from
| Howard if jury should render a verdict
against him and the expense of the trial
would be much more than that to the
State.
These Decisions Were Handed Down.
Caledonia County-E. T. Ide and H.
K. Ide against B. & M. r. R.. judgment
of $14, 900 for burning of grain elevator
near St. Johnsbury May ~, 1905, by
spark from locomotive engine, reversed
and cause remanded E. P. Lee against
c. c. Follensby and c. E. Peck, cause
remanded.
Essex-F. R. Joslyn against Moose
River Lumber company, judgment re-
versed and cause remanded.
Court Assignments.
The superior judges have made up a
schedule of their assignments for the
year commencing December l, 1909, as
follows;
Miles, Windsor, December 7, 'O9
Windham, April u, 10; Addison, June
7. 10; Franklin, September 13, 10.
Waterman Orange December 7, '09;
Orleans, March 2, 10; Essex, April 26,
10; Caledonia June 7, 10; Chittenden,
September 13, 10.
Hall, Lamoille, December 7, 'O9;
Grand Isle, January II 10; Rutland,
March 2, 10; Bennington, June 7, 10;
| Washington, September 13, 10.
Taylor, Addison, September Z '09;
Franklin, March g. TO- Windsor, June
Z 10; Windham, September 10, 10
Stanton, Caledonia, December 7, '09
Chittenden, March 8, 10; Orange, June
7, 10; Orleans, September 7, TO-;
Essex, October rs, 10.
Butler, Bennington December 7, 90 !;
Washington, March 8, 10; Lamoile
June 7, 10; Grand Isle, August 9, 10 !;
Rutland, September 7, 10.
Murder Tri al Void.
Because Sheriff E. c. Fish allowed the
jury to separate, letting two who were
i'll remain in their rooms at the Berwick
House in Rutland, while the Others went
to the dining room for dinner, the trial
of the case of Robert Eddy, for the muir
der of Miss Mary Jane Johnson of Wal
lingford came to a sudden end in Rut
land county court late last Wednesday
after six witnesses had been heard. The
jury was discharged on motion of At
torney General ]. 6. Sargent and Sheriff
Fish, who was on his way to Montpelier
to take Elroy Kent to Windsor, was
summoned back by Judge Stanton to
draw special panel of 25 men from
whom to pick new jury. The principal
witness examined was DR.. c. F. Dalton
of Burlington, who performed an autop-
sy on Miss ]ohnson's body. He testified
that she died from strangulation show
ing parts of her neck which had been
fractured. Eddy's counsel was willing
to go on with the case notwithstanding
the separation.
Death of B. B. Smalley.
In the old days no Vermont democrat
was better known than Bradley Barlow
Smalley, long a member of the national
committee of that party and at one time
its secretary, who died in Burlington
Sunday night at the age of IA. He was
twice collector of customs there by Presi-
dent Cleveland's appointment. For a
member of the minority party, and an
active one at that, Mr.. Smaley had been
much in public life. He had been clerk of
the United States circuit and district
courts of Vermont, United States COM
missioner, collector of customs for the
district of Vermont, democratic candidate
for governor and commissioner at the
worlds Columbian exposition. He was
formerly president of the Montpelier and
White River railroad, the Ogdensburg
and Lake Champlain railroad, the
Montreal and Province railroad and the
Burlington trust company.
Vermont Bar Meeting.
The annual meeting of the Vermont
Bar association was held last Wednes.
day in Montpelier, James K. Batchelder
of Arlington, president, in the chair.
The officers elected were as follows:
President, c. G. Austin, St. Adams; list
vice president, c. c. Fits, Brattleboro;
2nd vice-president, Elisha May, St.
Johnsbury; 3rd vice-president, E. c.
Mower, Burlington; secretary, John H.
Mimms, st. Adams; treasurer E. M.
Harvey, Montpelier; librarian, c. H.
Senter, Montpelier; board of man.
ayers, president ex-otficio, H. c.
Shurtletf, Montpelier, F. D. Thompson,
Barton, ]. G. Harvey, White River Tunc.
ton, Charles |. Burton. Middlehurv