Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-10-12
OH 1rGe: prlss.
FROM ST. ALBANS.
Lawrence Braincrd's Case COntin-
ued TO Next Term of Court.
The Hobeas Corpus Hearing--J Judge
Royce Reserves His Decision,
'Fhc Arguments of Counsel.

'Thc Arg dments of Counsel,
The Lawrence Brancrd, habeas corpus
roce, di g came up Monday morning at
uine o'clock before Judge Royce at st. AL
bans. Stephen L. Royce counsel for Mr.
Bialnprd read the papers in the case, and
stated the nature of the proceedings in the
'1solvcnt count substantially as they appear
81 IN the fnHE Press AND TINES OF Oct. LIST.
tic then urged the question that there was no
jurisdiction in ih3 insolvency court to order
the examination of Mr.. Brainerd; that Mr..
l'raiuerd WAS not an insolvent debtor within
the meaning Of the law, that he had right
10 have tue regular and ordinary course of
sha law administered TO him that being so
the whole proceeding was void fr I'M its iu-
cepion, lie said that Mr.. BrGinerd had
rOwo to he regarded by some people as en-
utcly without the benefit of clergy; that
any attempt Of Mr.. Brainerds to avail him.
self OF his rights under the law was met by
howl from the press and the public. Mr..
Bralneri objected to being overhauled in this
way 81 far as any information In regard to
MIR, Brainprds property was concerned, he
.Braincrd) would undoubtedly be ready and
willing TO furnish it at any time. From the
lGurts that had been published by Mr.
jraiutrd, he, Royce, did not believe Mr..
4rancrd had withheld any of his property,
MOI that counsel on the other side thought So
Mr.. Noble followed: He considered the
alleged debtor was within the jurisdiction OF
the insolvency court from the time the petit
lion was filed. The language of the statute
was Thai the debtor should "at all times" be
subject 10 such examination. lie construed
that to mean all times from the commence
mcnt OF bankruptcy proceedings until the GER
tiilcatc OF discharge is granted. In support
uf his position he cited the case OF ex parte
Bromley" 3D. Bankrupt Register, in which
il was held that the refusal of the debtor was
enough TO base an order upon without ante
cedcnt petition requiring him to be examined.
Mr.. Noble also cited Kendall vs.. Morris. 2
Melcaf, and BUMPS bankruptcy proceed
ings. lie said the effect Of the appeal taken
by Lawrence Brainerd from the action Of the
Insolvency Court adjudging him au insolvent
debtor, would be to postpone all proceedings
until January term of the Supreme Court
1885. The insolvcnt debtor had not merely
declined to answer what he might deem i'm.
proper questions, he had absolutely refused
10 answer any questions touching his proper
ty and refused to deliver his books and prop
erty to the messenger appointed by the judge
of the Insolvency Court
Mr.. Buck, counsel for creditors of Law.
renee Brainerl aud certain depositors, fol-
lowed Mr.. Noble in about the same line of
argument. He said that when the financial
cyclone that struck st. Adams had passed
and sufferers were looking round to see what
could be saved from the ruin Mr.. Braincrd
stood in the attitude of doing what he could
to that end, and people believed he Drain
erd) would help them all he could by giving
up ali his property; but his subsequent con-
duct had led people to distrust him, and de-
positors and creditors wanted to kno W where
all the money had gone that had been en-
trusted TO Mr. Brancrd's trust company, and
whether he had any money or property lett
that was subject to be applied on behalf of
the mu'c.ed dcpositors 1t was their right
u have such an examination, and it should
be granted.
MIR. IL, S. Royce followed: lie called
attention to the history of the case so far
the failure Of the Trust company, its rotten
condition. for long time and the fact that
they took in deposits up to the night preced-
ing the closing; the fact that many loans
had been made to relatives Of Lawrence
Braincrd on their personal notes endorsed by
said Branerl the fact also that there was a
discrepancy Of over 100000 between the
amount Claimed to have been loaned to the
Norwood Lumber company and the sum actu-
alyshown to have been put into that conc ern.
He claimed all this tended to show fraud, that
could ouly be unearthed by such an examin-
alton as was asked by the creditors and de-
posters. If Mr.. Brainerd could not pay the
dcpositors their money he could at least cx-
plain why. lie was surprisd 10 see the re-
ceivtr resisting this asked-for examination.
Il was the duty of the receiver to do all he
could to aid and further the interest OF de-
p1sllors in getting all they could back from
Lantcuce Brainord Of their money he had
squundtreJ.
The court Counsel said he did not appear
for the receiver In this matter"
IL. S.Royce: Not in this matter specially.
But when showyOu that the counsel for the
receiver is here resisting this movement,
say the receiver is here himself Was such
Il thing ever heard of 10 a civilized communi-
iy? Since the bank failed the whole organi-
cation has been in the. hands Of MIR. Lawrence
Braiucid, his lawyers and friends"
When \. NJ. Clark, before Judge Ship
man, was asked to account for $31 900, he
accounted for all but Sl2, 900, that he declin-
cd to say anything about, he was put in jail
from February until June and then paid the
amount over. lie thought if tue case at bar
was allowed to proceed far enough it would
prove parallel case. If these charges were
groundless why did not Mr.. Lawrence Brain
erd take tue stand AM state so under oath
andeXpain where the money is or has gone.
The law gives this right of examination to
these creditors and depostors. Will this
court deny this privilege? 1t is right de-
pOsitors and creditors have and they can not
he deprived of it ; not legally.
Mr.. ii. G. Adams replied: He would only
comment upon the revolutionary oratory Of
the gentleman who preceded him to say thai
the position was not sustained by any law Oh
reason. They must act under the insolveni
law MS it stands it clearly gave no sucl
right. The authorities cited by Mr.. Noble
were rot in point they were under the ole
Federal bankrupt act, which was dssimia
to the act Of this State. An appeal had beel
taken from the order Of the Insolvenc,
Court an appeal vacates the action of
lower court. They had got out of the con
troll Of that court and could not be made t
answer amy questions or submit to any eS
animation.
lie then cited the provision OF the bill O
rights, which he said expressly provided tina
every person should be secure from such eS
animation except it be based upon applies
ton on oath or affirmation; the applicatio
TO the lower court in this case was not s
based therefore the order of that court We
in derogation of Mr.. Brainerd's constitution
al rights. 1t was the duty of this court to 81
That they were sustained.
Mr., ii. G. Edison added few words q
behalf Of Mr.. Branerd, and the hearir
closed.
Decision reserved.
The Indictment. against Mr.. Brainer
The first case OF State VS.. Lawrent
Branerd was called up at 2 o'clock Mo
day by States Attorney A. A. Hall, wi
whom was Hon. L. II. Hard. 1t was stat,
by Mr.. Brainerds counsel that pleas hi