Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-05-20
Interesting Cases in Judge WheeIer's
Courr.

v
Court,
In Judge Wheeler's court ct Windsor on
Wednesday, the celebrated case of Alexander
Stewart of Proctorsville against the estate of
the late A. T. Stewart of New York camo up
in novel and interesting form, the point in
contest being as TO who is now the plaintiff
counsel in the case. The old man, Alexander
Stewart, claims to be a cousin of the late A.
i. Stewart, and his only living next Of kin.
The original suit to recover his alleged share
of the estate was brought in 1873. During
the pendancy of the suit, some two years or
more ago, Alexander Stewart was induced to
visit New York, where he was taken to q no.
tel, and, in point of fact, kept a close prison
or there, beyond the reach or knowledge of
his friends, for a space Of seven months, at
the expense of Judge Hilton, A. T. Stewards
administrator. During this time the Hilton
party succeeded in getting the plaintiff 5 coun-
sci changed, and by promises to the old man
of 800, 900 in money, a farm we'll stocked,
and various other things induced him to agree
to q settlement and discontinuance of the
suit. The suit was withdrawn, but the prom
Uses we're never fulfilled, and finally the old
man brought suit against Hilton to recover
the 800, 900. L. Z. Chittenden Of New York
(Register of the Treasury under Lincoln) was
his leading counsel in this suit Mr.. Chitten-
den, however, finding Mr. Stewart to be bad
ly broken down, childish and mentally inca
pable of managing his affairs, refused to
touch the case until he had given his son an
irrevocable power of attorney in the matter.
This power Of attorney being given, the suit
was brought but presently new oomplica-
ton arose. The old man and his son Matthew
had desperate fight, and the first that was
known the old man was trying to settle this
suit also, having withdrawn his power of at
torney and employed Judge Barrett Of Wood
stock as his counsel.
In the court on Wednesday, Judge Barrett
appeared to ask for a discontinuance of the
suit Mr.. Chittenden appeared, claiming to
represent Mr.. Stewart in the case, and de-
manded that the case be brought to trial; and
E. j. Phelps and Guy G. Noble appeared for
Judge Hilton. At the morning session, Mr..
Chittenden having alleged that Stewart was
then in Windsor but was restrained from ap-
pearing in court, Judge Wheeler ordered him
brought in. When he appeared, accompanied
by his daughter, who is now his constant at.
tendant, and stepped within the bar, he re-
piled to Mr.. Chittenden's question il he did
not recognize him as his counsel, 81 never
saw you before" This assertion naturally
created some excitement in the midst of which
the court adjourned.
At the afternoon session there was a bril-
liant contest of argument between the distin-
guished counsel. Mr.. Chittenden charged
that this last attempt to discontinue the suit
was plot to put the old man Stewart of
with nothing, and cheat his counsel out Of
| their legitimate fees and reimbursements
Such conduct he Indignantly pronounced to
be unprofessional, and plainly intimated his
belief that Judge Barrett had been procured
to work in the Hilton interest The old man,
he said was utterly unfit to act for himself,
and the matter should be left to the consider
alton and decision of his friends. Judge Bar
rett, on his part, denied tia; he had been ap-
preached by any other person than Mr.. Stew
art, and claimed to be acting strictly in the
old mans interest. Mr.. Chittenden made a
demand for the production of the written
agreement under which it was attempted TO
discharge the old counsel and discontinue the
suit but this demand Judge Barrett said he
had been instructed not to comply with. Mr..
Phelps, in arguing the cass for his client,
charged that the whole case, from the begin
ming, was piece of blackmail, and that there
never was any reason to suppose that there
was any relationship between Alexander Stew
art and the New York merchant of the same
name. At the point in his argument where
Mr.. Phelps asserted that the old man was just
rs competent to act for himself in withdraw
| ing the suit as he was when the original suit
was instituted, three years ago, Mr.. Stewart
started up with the exclamation THAT is so ~
and excitedly paced back and forth, address
ing the court somewhat incoherently as il
seemed, saying something about $50, 900, II
that he 'hoped before God he should never
be in such place again" that he SHOULD be
glad to take thousand dollars" etc. His
daughter finally went to him and quoted him,
but later on he started up and left the court
telling the judge to ''iet him know" If he was
wanted. The case occupied the whole day
Judge Wheeler reserved his decision. Out
side the courtroom, Mr.. Chittenden expresses
his full belief in the fact of the relationship
of the old man to his deceased namesake.
Thursday morning the case of John Hough
ton, alias "Glycerine Jack" came up on an
application for writ of habeas corpus. ely
cerine Jack" who is a somewhat noted Grim
inal, has been confined in the state workhouse
on a sentence from the state court, for pasG
ing counterfeit national bank bills. His coun'
sci claim that the law of Congress touching
the utterance of counterfeit national currency
takes precedence of all state laws, and should
apply in Jacks case. Complicated and deli
4 cate points OF law are involved in the case
Decision is reserved, pending which the Grim
inal is remanded to the custody Of the U. s.
marshal This case occupied the time unit
Thursday noon, when the court took recess