Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-09-03
Gitp anb County gntelligemtt.
Interesting Legal nearing at the JAN.

rum for the county of Worcester, held at the
Jail office in Worcester, and concluded on Sat
urday last, August 9th, having occupied the
attention of the justice in the examination and
hearing of the case seven days. 1t appeared
| in this hearing that in May, 1856, Jencks, the
applicant, carrying on the tailoring business in
Woonsocket, r. l., purchased of Freeland &
Co., of Worcester. goods amounting to about
four hundred dollars, on six months credit.
The time of credit expired, the bill was not
paid, and in January, 1857, Jencks gave his
note to Freeland & Co., for the amount of the
bill, on a short time. The note was not paid
at maturity, and an action was commenced
upon it, returnable at the March term of the
Supreme Judicial Court for the county of
Providence, 1857. The defendant was de-
faulted, Judgment rendered for the plaintiffs
for the amount of the note, and execution Is
sued on the seventh day of April following.
| Upon that execution Jencks was arrested in
Rhode Island, and in May, 1857, he was adj
mitted to tie benefit of the poor debtors oath.
| In the fall of 1857 Jencks was in Worcester,
attending the firemens muster, and an action
was commenced upon the Rhode Island judg-
ment, and lie was arrested on writ returna-
BILE at the next term of the Court Of Common
Pleas. In March, 1859, Judgment was render
ed against said Jencks in this action, and on or
about the Dist of April, following, he delivered
himself up to be taken on execution, and i'm
mediately applied to Henry c. Rice, Esq, a
Master in Chancery, for the benefit of the poor
debtors oath. An examination of said
Jencks was commenced, which occupied eight
days. In the course of that examination he
declared that on the first day of April, 1857, he
was the owner of a store of goods, fixtures, &C.,
in Rhode Island, and also of house and lot,
which he bought in 1850, subject to mort
gage of about eleven hundred dollars, and also
to another mortgage to his father to secure
him for endorsing that his stock of goods was
invoiced at about $780, that his outstanding
debts, good, bad, and Indifferent, amounted to
about $500; that he conveyed by deed dated
April 4, 1857, all his equity in the house and
lot to his father; that on the 7th day Of the
same April he conveyed, by bill of sale, all
his goods, fixtures, &C., for $4,000, to his I'M
Gle, VIM. A. Jencks. Both of these instru-
o'clock A. NJ. of the ninth day OF April,
1857
| Upon an investigation of the consideration
| of these conveyances, Jencks declared in his
examination that his father was endorser on
two outstanding notes of $500 each, and about
a month before the conveyance, his father
agreed to take up these two notes if he would
convey him his house and lot, which he did J;
that he conveyed the store of goods, as well as
all his outstanding claims, to his uncle in pay
ment or part payment of debt of about
| $4,000, which he owed his father and uncle,
under the firm of Job Jencks & Sons, and that
| this debt was for goods bought by him in the
name of Job Jencks & Sons, to be sold by him
in the regular course of his business that
this account had been accruing for the three
years last before, and that he had not paid
anything towards said $4,000, but that he paid
an account against Job Jencks & Sons, amount
ing to less than $500.
Freeland & Co., not being satisfied with the
account given of these conveyances, and
thinking there might be some connection be-
tweind ahRa, iliie conyeyances, they all happen
ing about the same time, took the necessary
steps to procure the dispositions of certain par
ties in Rhode Island, among whom were the
father and uncle, to whom the conveyances
were made. Jencks, the applicant, together
with the witnesses who were summoned, APP
peared before the magistrate, Josiah Perkins,
Esq, of Woonsocket, r. l., with counsel, pro-
tested against the right of the magistrate to
take dispositions to be issued in this case, and
the witnesses refused to be sworn. The mag
istrate held the matter for adyisement until
right to take the dispositions, and notified the
counsel for the witnesses to appear and
give their dispositions. He was informed that
they would not appear, whereupon he issued a
capias to arrest one of them, and put it in the
hands of an officer, who returned it without
service, for the reason that resistance was
threatened. The attempt TO take said deposi-
tons before said Perkins was then abandoned,
and a new citation was obtained from II. Rog-
ers, Jr, Esq, Justice of the Peace residing
in Providence, and witnesses were summoned
toappear before him. They refused to appear,
whercupon the justice issued his capias to ar
rest them for contempt of court. Two of
them were arrested upon it, who Immediately
applied to the Supreme Judicial Court sitting
in Providence, for writ of habeas corpus to
take them out of the custody of the officer.
hearing was had upon said application, before
Judges Ames, Brayton and Bosworth, who
upon full examination of the case, held that
the writ could not be granted. Certain depo
sitons were taken, and on the 9TH day of July
1859, the hearing before Henry G. Rice, Esq
was concluded
1t appeared by the deposition af Jencks
father, that he paid note for his son of $500
September l. 1856, and that he agreed to pay
another note upon which he was endorser
which was given in February, 1857, on foul
months. These two notes were not of course
outstanding at the same time.
1t appeared by the testimony of the uncle
that Jencks, the applicant, was owing his firm
about 5000 on account as before stated tha
the books of his firm as well as the books O
Jencks the applicant contained that account
that he was then the owner of the books O.
the applicant, but he refused to produce or ex
hibit those books, or allow the applicant t.
produce either of them, he claiming to have
bought the books of account of the applican
in his purchase of April7, 1857 lie exhibit
ed an account which he said was transcrip