The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-06-05
is. c. BLANCHARD ARRESTED.
HIS CASE BEFORE TIE COURTS.
Charged, as Debtor, with Being About TO
Abscond-R -Ric hmond Claimed as Place or
Reaideuce

charged, as Debtor, with Being About TO
Abscond- Ric hmond Claimed as a Place or
Residence.
Mr.. S. G.. Blanchard, the father OF S.
Blanchard, the wholesale grocer who lately
made an assignment for the benefit OF his
creditors, was brought before Judge B. X.
Wexford, OF the Circuit Court, yesterday
morning upon a cdpiaS obtained by the
State Bank OF Richmond. He was charged
with being about to be an absconding
debtor. At the same time similar instrr-
ment had been sworn out in the clerks
office OF the Chancery Court by the agent
Of Kidder, Peabody e. Co., OF Boston,
counsel for Barring Brothers, OF London.
The charge was the same in both cases, and
Judge Wexford agreed jointly to hear with
Judge Holiday, in the Chancery Court,
evidence on motion 10 quash the cGpidS.
Judges Holladay and Wexford took their
seats on the bench OF the Chancery Court
shortly after O'Clock yesterday afternoon.
The courtroom was pretty well filed by
lawyers, all OF whom evinced great interest
in the case.
Mr.. S. &. Blanchard had busted himself
while waiting for the judges in reading a
newspaper. lie sat about the centre OF the
room, near table, and seemed TO be in no.
wise disturbed by the interesting proceed
ings going on around him. He is past the
meridian OF life, and is n very tine-looking
old gentleman, OF quiet, easy manners, and
a little above medium size. His hair is sill
very white, as are his sde-whiskers. lie
was represented by Captain John A. Coke
and Mr.. Leigh II. Page as counsel.
The State Bank was represented by the
following counsel: Isaac III. Darlington,
John II. Guy, ex-Judge Il. ii. Fitzhugh,
and James III. Dooley. Theisame counsel
al represented Messrs. Kidder, Peabody
& Co., Of Boston, attorneys for Barring
Brothers, of London.
THE BURDEN OF PROOF.
Mr.. Darlington, OF counsel for plaintiff,
asked the Court to first decide upon whom
the burden OF proof in this case would fall,
and who had the right TO open and con-
clude the argument. Major Darlington
cited authorities TO show that the plaintiff
had this right.
Mr. Page wanted to know il the evidence
in one case applied to the cases OF the State
Bank and that Of the Barring Brothers also.
He SAID that the matter OF who should open
and conclude was one to be decided by the
Court.
Judge Wexford said that the plaintiffs
were entitled to the right OF opening and
concluding the case. This was matter
which would in nowise prejudice the
rights OF any concerned.
SEPARATING TIE WITNESSES.
Mr.. Dooley submitted a motion that all
witnesses except those testifying be eX-
cluded from the courtroom while testi-
mony was being taken. He thought this
the best plan in order to reach truthful
solution Of the evidence.
Mr.. Page was opposed to placing the
witnesses under any such ban. lie thought
such motion did great injustice to the
witnesses on either side who had been
summoned.
Captain Coke said the only question
before the Court was that OF the residence
OF the defendant, and he could not see that
there was room for conspiracy or collusion
among the witnesses.
Mr.. Dooley wanted TO know how MUS
tlce could be done to the witnesses. They
were not applicants for justice. They had
been summoned to testify. The motion
was made in the interest OF fairness. Wit
nesses on both sides were 10 be excluded.
The Court accepted the motion made by
Mr.. Dooley.
The witnesses were then sworn by the
clerk.
QUESTION OF RESIDENCE.
Mr.. Darlington, Of counsel for plaintiffs,
read the contract or agreement to a limited
partnership between S. Blanchard and S.
c. Blanchard. dated October, 1881, in
which S. C.. Blanchard is spoken OF as a
resident OF Boston, Mass.
Mr.. SWineford, witness for plaintiffs,
was shown deeds certified to before him as
notary public, conveying certain real estate
from S. c. Blanchard to Able, his wife,
and naming Yarmouth, Maine, as their
place OF residence, said deeds bearing date
Nav, 1884. In answer TO questions. Mr..
| Swineford said Mr.. Blanchard, when he
appeared before him as notary public, said
| that his winter residence was in Boston
and his summer residence in Yarmouth,
Maine.
Mr.. Robert Windsor testified that he
| lived in Massachusetts. Knew Mr.. Blancfl-
ard. He (WindsoD was here as the repre-
sentative OF Kidder, Peabody d Co. lie
had visited Mr.. Blanchard at his sons
house, on Franklin street. Mr.. Blanchard
| said to him that it was fortunate that he
had transferred his property to his wife in
Yarmouth in 1888, or else he might he
turned out OF house and home. He said
he had come to Richmond because this was
the scene Of action. He might probably
STAY here month. He said this last Satur-
day. He found out by telegram from Pea
body & Co. that Captain Blanchard was
| in Richmond. He had been trying to see
Blanchard since the 23d Of May last. He
had never said anything to witness which
would imply that he intended to reside in
Richmond. Mr.. Windsor made the affi-
davit upon which the cdpidS was issued.
Upon cross. examination by counsel for
defence, Mr.. Windsor said that he did not
know how long Mr.. Blanchard had been in
| Richmond. He found no difficulty IN see
| ing Mr.. Blanchard, whom he found at his
sons residence. He vas Hospitality re-
ceived and invited to call again. He saw
Mr. Blanchard about O'Clock, at the time
the arrest was made. Witness was clerk
| in the house OF Kidder, Peabody Il Co., OF
Boston, and had been sent down here by
them.
Major Darlington introduced the deed
made by Sylyanus Blanchard and 5. c.
| blanchard TO John Pickrell, acknowledge
ing an Indebtedness OF $4,000 to the State
Bank and $4,000 to Barring Brothers and
Kidder, Peabody a. Co.
WITNESSES FOR THE DEFENCE.
Mr.. w. Boyd, OF ssesfor the defence,
| testified that he knew Mr.. Blanchard for
several years, and that he knew he had re-
sided in Richmond since last Friday, when,
in lengthy talk, Mr. Blanchard declared
his intention to make Richmond his home.
He had intimated as much more than
Fyear ago. He had seen some furniture that
Blanchard had moved from Boston. His
son and daughter lived here. He had no
children in Boston or Yarmouth. His son
had left for Boston for his mother before
the cap; ;ds was issued. Mr.. Blanchard had
L.. an foraiOn country sompW here