Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1911-02-03
COM M UNICATION.

~ tte EutOI " Tue iitIdu
My dear Mr.. Bishop noticed in the
issue of your paper of January 20 an
article relating to myself which you
have entitled "a Regrettable Incident"
and wish to say few words in con-
nection with the subject
The facts stated in your article are
substantially correct and as | gave them
to a reporter at Montpelier the same day,
but there was one circumstance omitted
from that account aud all accounts
about which | have not previously said
anything because it was to a certain
extent in controversy between the Chief
Judge and myself, and have not wished
to take the position of disputing with
the Court, but think it is necessary for
me to speak of it now in order not to
appear in wrong light before you or
my other friends in Island Pond and
Essex county.
The Supreme Court has several times
said that it desired not to make mad
vertent errors, and so in a proper case
would entertain motion for re-hear-
ing. When its decision in the case of
Place v. Grand Trunk was handed down
last summer reversing the judgment of
the county court for the third time and
| read it, became convinced that the
Supreme Court had made inadvertent
errors, and overlooked the fact that the
same point had been disputed in our
favor in the two previous trials in that
court, and so thought it a proper case
for motion for re-hearing to call those
matters to the courts attention.
found no rule in the published rules
that showed me how to proceed upon
such motion, so prepared it and filed
it at the opening of the October term of
the court, and went before the court at
time when Mr.. Amey was present and
asked it to inform me as to the proper
procedure upon such motion, and
understood Chief Justice Rowel to tell
me to hand copy of my brief to Mr.
Amey and try to agree with him upon a
date for re;hearing, and if l could not
agree to apply again to the court.
The most natural assumption from
this for anybody [ believe would be thai
the court intended to hear the motions
to the case at some proper time, anG
upon the strength of it / did great
deal of work and went to about $35 o.
expense getting ready for the hearing
which Mr.. Amey and | stipulated should
come at the end of the January term
and when l got there at the end of thai
term to call for my hearing, the court
declined to hear me at ALL and when
reminded them of what they had sale
last Fall, Judge Rowell said that he die
not remember it and if he said it h,
must have been beside himself.
felt very much grieved and disap
pointed and thought that if my memor.
was right and the court had, in respons
to my request, told me how to proceed
to get hearing and then would no
hear me, that its course was very incon
sistent and that | might some time wisl
to criticise it and could do so more con
sistently as taxpayer and citizen o
Vermont than | could as an attorney o
the court; and on the other hand, if
was all mistaken about it, thought
was too thickheaded to practice in tina
court or any other court and might a
we'll resign.
do not want to say anything disr,
spectful, but believe that, as a taxpaye
: in Vermont, | help support the Suprem
Court; that am one of its employer
and as such have a right to express m
} opinion as to the quality of its work {
proper time and place, and that tn