Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-05-25
UNITED STATES COURT.
Record Of Wednesdays Procoedir

Record of Wednesdays Proceedings.
In the Circuit Court the time Wednesday
was occupied in hearing motions Of little in
terest to the general public. In the case OF
Griswolds against the Central Vermont Rail-
road company and others, the orators moved
the court to grant ar attachment to compel
the defendants to make answer to the amend
ed will, The defendants claim they are not
under obligation to answer further that the
answer which they have filed to the
original bill sets forth matters of defence
which relieve them from the necessity OF
answering the amendment. The defence
which they rely on is that the defendant, the
Central Railroad company, being receiver,
acting under the orders Of the Court OF
Chancery of Vermont, this suit can not be
maintained against them except by leave OF
the Vermont Court Of Chancery, on applica-
ton for that purpose. The case was fully
argued by Col. A. 7. Walker for orators,
and by Hon. Daniel Roberts and Judge Po-
land for defendants. Decision reserved.
The next case taken up was that OF the
United States vs. Solomon M. Field, an in.
formation for passing counterfeit money.
The respondent filed demurrer to the in
| formation and claimed that the information
| can not he sustained on the ground that the
crime charged is an "infamous crime" and
that the respondent can only be held on bill
found by grand jury. The opening argu-
ment was made by Mr.. Wood of Newport.
AT the close of his argument, Court ad-
joutned for the day.
Thursdays Proceedings.
In the case of the United States vs. Field,
on demurrer, the district attorney argued In
behalf of the government and was followed
by Hon. Ii. S. Royce for the respondent.
Demurrer overrulcd and respondent ordered
to answer over. The case was afterward
continued to May %.
| In case of United States vs. josie Flagg,
an information for an overcharge of fees in q
pension case the respondent plead guilty and
was fined 800 and costs, amounting in all tC
$16S.23.
| The case in the District Court of United
States VS.. Albert Sowles was then taken up.
The defendant waving trial by Jury, tria
proceeded by the court. This was suit t
recover $4,000, the amount Of a rccognizance
entered into by defendant for appearance OF
one VIM. Doran, Il bankrupt, who had run
away. 1t appeared that Doran was found to
have concealed nearly $4,000 from his as
slgnoc in bankruptcy and was ordered by the
court to pay the money by a snort time
named or be committed to Jail for contempt.
lie Qlu not phy az OrucTcu auu was COnlllit'
ted to Jail, and Mr.. Sowles gave the recog
nizance in the writ and thus procured his re
lease from Jail.
1t was claimed in defence that the order OF
the court that Doran pay the money he wa:
found guilty of having kept from his assignee
was in effect judgment against Doran fol
so much money that Imprisonment for deb
having been abolished, Doran could not
legally be imprisoned for not paying the
judgment and the failure to pay as ordered
was not u contempt which could be punished
by imprisonment, hence Dora1 was Illegal,
imprisoned aud the recognizancc was there
fore void. 1t was claimed also that il III,
process on which Doran was committed tt
Jail was legal and validl it was tina
process, au execution in effect, and thai
bail could not be taken on final process, ant
therefore the recognizance was void. Tn
case was argued byssHon. II. $. Royce 70
the respondent and by Mr.. Wilson of st
Adams for the government. Decision IT
served.
AT the close of the argument court ad
, iourned for the day.
Adjournment.
On Friday court adjourned to May 2Sth, a
, | D. NJ.