Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-07-28

- =.
and Burton, and inconsistent with any otner M
ference than that these two men, VINO io'
wears had denounced each other as vlilains' And
who had each resisted the claims OF the o,nel
false and fraudulent, had, in view oil osiAs
impending bankruptcy, came to al eg'ee"
which they both knew would in due time DC rs
sailed by Clsrk's other creditors. cannot mere
detail all the evidences in support OF TINS con-
clusiou. ''ne item Of it, however, should oe
mentioned document in Clark's hand VIII
ing, and which was written Sc early as the iskt
part Of January 1870 has been produced on tbs
hearing, addressed to Burton. Ii conclusively
shows that Clark desired and expected to enlist
Burton in scheme to deceive and defrsud at
least one of his other creditors. This paper was
evidently not the first step toward an arrange
ment for their joint benefit. This document was
delivered by Clark to one Of Burton's counsel,
who declined TO state what he did with II, on the
ground that to DO so would violate professional
confidence between him and Burton. IL Is tsue
Burton sgears that be never knew anything
about this document and had no connection with
il directly Or indirectly. 1t is equally true thar
he insists that his council shall be protector
from disclosing what he did with It, court OF
equity would be poorly employed in shutting us
ewes 10 such state Of facts, and leaving tnese
parties to dispose Of large part OF this tanArup'
ten that Clark, after having admitted this docu-
ment to be in his handwriting, subsequently, on
discovering its purport, swore that It was not
his. The fact, however, has been concluslvely
proved, both by competent witnesses, and oy
specimens of his handwriting, admitted by nm
self to be genuine.
In view Of all the the facts proved on this TRIAL
there can be no doubt but that Clark and Burton
are collusively engaged in scheme By Wnlcn
the book action in the State Court is to be used
for the purpose of absorbing large share OF the
bankrupt's estate, which would otherwise have
gone to the general creditors. For this purpose
the Judgment in the State Court WAS reversed oy
consent in January, 1870. For this purpose the
agreement Of the 18th February 1870 was made
For this purpose that agreement was tiled win
the Clerk of the State Court, and thus the seton
of sssumpsit w&s nonsuited. To prevent the de-
feat OF this purpose Burton successfully Te-
sisted the efforts Of the assignee to have that non
suit taken of, and the case reinsi&ted To etiec-
tually accomplish this purpose Burton claims the
right to recover judgment in the book action IN
the State Court TO the amount Of not FAR from
one hundred thousand dollars, secured under
cover Of his old attachment Of all, or nearly all
Clark's property. IL this court has any author
ity to prevent the success OF this scheme II Is
bound 10 exercise it. If il has no such suthor-
ty the assignee might as well surrender Clsrk's
large estate to him and Burton. and let them de-
vide it between themselves at once.
In the opinion delivered in former stage OF
this controversy, and 10 which reference has al
ready been made, declined TO egjoin Burton
from proceeding in the State Court, although hls
claim which he was there prosecuting. o0nstitut-
ed probable debt against the bankrupt. But
in doing SO | assumed upon the proof then before
tl,.F Ea ~4fo ~ al
Burton was still pending, and that the reversal
of the Judgment in that suit was not procured by
COLLISION | enjoined the use Of the agreement
Of the 18th Of February, 1870, thus leaving as |
supposed the litigation in the State Court to be
prosecuted and defended by Burton and the as
sgnee, upon the grounds OF Law and fact IS the
cases would have stood had the judgment IN As
sumpsit been reversed t0nG tde. Upon the facts
row IN proof, | find that thst Judgment WAS re-
yersed by collision between Burton and CLARK, /
and that notwithstanding the injunction against
the use Of the agreement OF February Is, 1870, |
the latter had in fact been So used AS to give |
Burton the principal advantage, which 1t was /
the object Of that agreement 10 confer. To allow
him now to proceed with his book action in the /
State Court is 10 stand by, ani see him reap the I
fruit Of fraudulent agreement with the bank
ruut under cover OF that action. IL Is possible ]
that the assignee could successfully resort to the
equity eide Of the State Court, and thus prevent /
the cousummation Of this fraud, but as this is
a question peculiarly within the Jurisdiction Of
this Court Of bankruptcy, Zee no propriety in .
renting the assignee 10 another tribunal. /
perpetual injunction will therefore be granted
against Burton and CLARK, eDjoining them to
proceed 10 further ia the book sct0n commenced 4
by Burton sgsinst the bankrupt IN August 1867
and nov pending in the State Court
The following is the document rafe7rel TO in
Judge Shipnan's opinion as addressed by 4 VI.
Clark to o. 4. Barton
o. A. Burton-Mr. Rad will call on you to
Day TO offer to give you the -3j 900 notes, pro
viding sou will surrenier all claims Of yourself,
j. II. L. * c. c. B rs. A. NJ ClarS, he will pro-
pose this strictly in Barlow's interest. Barlow
will tell Rand he makes the offer to &c. cut Of
litigation himself SIS he sees he will have to fur
nish ST. the funds to fight with hereafter Now
then, for your reply. First, treat Rand with
full confidence Say TO him If Bar,os IS ready
TO sell out Clark you are his man. But before
any arrangement is entered into, Barlow must
himself or through him, Rand deliver to you the
I've 5000 notes, then you will arrange al mat
ters with Barlow in thirty minutes, but that he,
Barlow, knows thst the notes hsve always been
the grea; bona Of contention; you can do this so
As to trsp both Rand * Barlow, if managed care
fully. Say TO Rand: 60 to Barlow and get those
notes snd deliver 10 you. Then on Monday,
Rand and Barlow must meet you n Burlington.
awsy from Clark, snd you Will give
Barlow your whole hand and he may
must be where Clark shall not mistrust
anything Is going on. You csn decoy Rand and
Barlow if you work careful and shrewi, and
insist the whole thing being closed by Mon
day night as your business calls you to New
York, AMI it is important for you to get there
and remain there, giving another reason that
you don; want 10 be annoyed with the prepare
ton Of the book account which Clark has given
you notice thar he proceeds with 18th Feb. Tell
Rand if the notes are given up, Of course all
other proceedings will be closed Give Rand
some general sdgice how Barlow should handle
Clark. and how careful be- Barlow, must be
that Clark is kept wholly in the dark IN this
matter. II | were in your place | could get
these notes out Of Rand and Barlow in three
hours. snd I trust you will handle this thing
with great care. Don't be TOO resiy to fall in
with Rand, as be might smell one Of his mice
that be talks about, but lead him along care
fully, tell him you will talk with him or Barlow,
but you will have nothing 10 DO with Clark, IS
you have tried several times since the suits were
TO settle with him but could moi do So |
bat that you have no objections meeting Barlow
as soon as he sends you the notes by Rand.
hink the meeting Of Barlow should he condi-
toned on the notes first being put in your hands
BY Rand, your counsel could not testify to any
that you agreed to make Don't,
IF course. 60 into any preliminaries. more thaa ,
to ssy,an matters can be arranged as soon as the ,
notes are put in your possession.
deem it very important for you. in some
ray, to get sll the papers in your possession in
-egari TO your book account action rs myself
lst.-The plea in abatement.
2l-The demurrer
3i-Exceptions taken by Bearlsley. {
Those pspers are on file in the Clerks Office. {
md should be got before my attorneys get them c
n their possession. They will get all those pa
lers to-day, unless you get to the office before
hey 90. II possible, get them without
living any receipt; but if insisted upon, give
eceiPt, but get the papers Royce to the con-
rary, notwithstanding.
II this opinion is sustained, it will terminate.
probably, the long and bitter litigation between
!. NJ. Clark and O. 4. Burton, which has been
% s.rsnuously and persistently fought in our
State Courts for the past ten years.
Az EsoSAUr's ExPsR1gScE. Mr.. Eben
'eaNer, -trOhAut, OF boston, made ms lSth j
scension in his balloon " Star" from the State |
louise yard, Montpelier, on the 18th, making = '
ig-zsg trip of about 20 miles in an hour and
wenty minutes, sighting in Irasburgh, in the '
isyfeld of \. \. Webster, within twenty feet Of ?
he hay cart, striking six times before his Crap
lie held, the last time dislocstng his shoulder '
md bruising him more or less in all parts Of {
he body-hs right arm very badly Mr. t
Webster went to his assistance and found v
he basket bottom upwards, the balloon upon the T
'Asket, and Mr.. Seaver under the whole, t
lie was taken to the house and Drs Ad- d
ate and Rimball sent for. who admins a
cred chlOroiorm and fxei his arm and shoulder, p
nd he was made as comfortable as eircum- !