Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-08-28
LOCAL NEWS
Tho Cnse OF Hcury D. Stone.

Tho CRse OF Hcury ID stone.
The examination of Henry D. Stone was COM
menced at the County Jail, at IL o'clock, yes
terday morning. Hon. F. H. Dewey, as counsel
for Mr.. Stone, offered the latters reasons, in
writing, under oath, to the Judge, (Hon Charles
Nation of Franklin acting why he (Stone) re-
fused to file a schedule to his assgnees of all his
property, ordered by the Court. the plea being
that such statement would tend to criminate
himself. Mr. Dewey, in defence of Stone, quoted
authorities to show that no person was required
to answer any questions of which such might
be the effect.
Hon. Charles Devens, Jr., appeared in behalf of
the assignees, maintaining the ground that the
insolvent debtor law under the Interpretation
put upon it by Mr.. Dewey, would be entirely
dead letter. At the conclusion of his argument,
Mr.. Devens made motion for the examination
of Mr.. Stone, before the adjournment of the
Court, and it was accepted by Mr. Dewey, that
both questions, of the filing of the schedule and
OF the examination, might be considered at the
same time.
Mr.. Dewey then read from the Constitution of
Massachusetts and the Insolvent law, to show
that both protected an insolvent debtor from be
ing obliged to criminate himself Mr.. Dewey en-
larged considerably on this point and MIR. Dew
ems replied at length, in the course Of
which reply he (Devens) was twice obliged to call
upon the Court for order, on account Of the loud
talk of Mr.. Stone with Mr.. Bckford At the
conclusion of Mr.. Devenss remarks, the case
was submitted to the Judge, who stated that in
asmuch as such a case had never before come up,
q. - III
by the highest tribunal of the State, but be
should take the liberty of ruling that the reasons
given by Stone were not sufficient to prevent his
filing If schedule or prevent IN his opinion,
Stones compliance with the order of the Court.
The Judge then ordered procedure with the ex-
animation.
question was put to Mr.. Stone by Mr.. Dew
ems, asking Stone what property he possessed,
personal and real, Jan. 5, 1858. Mr.. Dewey en-
deayored to vary the question in several ways,
but Mr.. Devens did not accept of any such mod
ifcations, whereupon Mr.. Dewey gave, in writ
ing, Mr. Stones reasons to the Court for not an
swerng any question put to him.
The Judge then ordered the Register to make
out an order for the commitment of Stone for
contempt of court, the order to be ready at the
time of the adjournment at The Insolvency Court
room, yesterday afternoon, at half past two
O'Clock, which, we understand, done, and
the order put into the hands of the Sheriff for
service.
Mr.. Stone, at this point, being considerably
excited, called upon all his creditors present to
take notice that he shonld never. so long as Mr..
Bickford remained one Of the assignees, make any
revelation, or do anything for the benefit of his
creditors. But, if Mr. B. would resign, he would
agree to settle to the satisfaction of his creditors
within seven days, afterwards changing it to thir-
ty days.
During the examination, Mr.. Stone asked, If
the creditors wanted his body, whether there
might not be some mode by which it could be d.
vided among them. Mr.. Devens replied, that his
(stone's) creditors wanted something besides
fresh meat for their dividends. (Laughter)