Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-03-02
PRIVACY
Desired in Case Of Strajne VS..
Bradford Savings Bank
and Trust Co.
NO EVIDENCE PUBLISHED.
Tho Petition Argued Before Judge
Wheeler In United states Court
Grand Jury Report Four True Bills
Court Will Adjourn This
Morning.

Upon the reassembling of United States
Court yesterday morning at $3.50 the Petit
jurors Were discharged and there being
no business an adjournment was taken
until o'clock in the afternoon. During
the afternoon session the grand jury re-
ported four true bills found and four bills
not found and were discharged with the
| thanks of the court for their promptness.
At the close of last evening session an ad-
Journment was taken until o'clock this
! morning. Judge Wheeler and clerk of the
court George II. johnson wsll go this morn
/ ing at 11:2 to Montpelier, where the Dis
trict Court will hold a session, opening
at $50 o'clock for the purpose of natural.
! izaton.
The court was occupied at the afternoon
and evening sessions yesterday with the
Application for an order from the court
Restraining all persons connected with the
! taking of testimony in the case of Robert
+. Straine VS.. The Bradford Savings Bank
and Trust Co. from giving any portion or
! part of the evidence produced for publi-
. cation. The attorneys of the plaintiff filed
an answer to the application for an order
Inc Application was made by Attorney w
/ H. 1. Stlcknoy for the bank and grew out
/ OF the publication in the Montpolier Rec
ora OF an article, matter for which had
apparently been furnished by the solicit .
stopped at Bradford where the testimony
was being taken before Il commissioner
/ last Friday. The solicitors for Mr. Straire
/ were w. NJ. Stockbridge and Fred J. Hu,
Crimson OF Boston, John b. Pickett Of
bradford and Gilbert A. Davis of Windsor
ne bank was represented by w r. C.
Stlchney of Bethel, W. A. Lord of Mont
peller and David c. Conant of bradford
Inc article referred to was read in court
ana contained among other things the
following
1T appeared that from May l. 1896. to
May l. ls'', Il. o. Leonard ran the bank
on IA contract price of $500 d year and cer-
tain expenses; that the bank in 1875 had
S,V"o or the assets invested in the E,ly
nlhe ana had possession of the mine The
bank had negotiated a sale of it to the
Ely Copperleld Mining Company, July 23
lN'b, for $5l,Ocu taking the note of the lat
Ter company for that sum and discharg-
ing all its claims against the mining pro-
perty.
ms company was organized iy Mr.
Straine and Mr.. Leonard with a ctpit1l
stock of 100000 and Immediately issued
$4,000 of bonds secured by mortgage
ot It's entire mining property. The Brad
1ord bank accepted one half these bonIs
as security for its $jl,G0 note and the
other 100000 of bonds were turned over to
Mr.. Strainc as his property
MT. StraIne was the owner Of siXtV-four
chares of the stock of the Bradford bank
ana in the autumn of 1891 demanded an
examination of the BOOKS and papers of
the bank. lie sent his attorneys Messrs
Stockbrdse ~ Davis, to the bank to make
the investigation. These gentlemen were
refused access to the books and Dapers
ana hnaly at the close Of banking hours
were turned out. A suit is now pending
in Orange County court against T. O.
leonard the clerk, for refusing to show
ia
But what is more particularly interest
ing just now is the fact that these trus-
tees. January 81, 1895. on the very last dav
OF the bank : existence prior to the APP
pointment of "A receiver and the issuing of
an injunction by Chancellor Tyler in pro-
ccedinss in equity that were set on foot
by these trustees on the night of January
81, paid themselves as follows
j Il. Hale, services to date, trustee sll0
l.. f. kimball, services to date, trus
w. L. 5. Celley, services to date. trus-
tec..... ...,......... ............... ..... 90
+ Sawyer, services to date, trus-
tCe..... ....... ...... .................. Is
ID *. Andrcss, services to date. trus-
lcc.....,...... ...... Observation-Disclosures. 100
l.. q. Leonard, services to date, trus-
tee...,... ..,........ .......... ........... 100
W. w. Goodwin, services 10 date,
tredSurer.......... 80. =. 80. ........... 10
ii. I. johnson, services to date. clerk. 81
II also appears under the same date that
payment was made to j. II. Watson of
S2'22.O2, trustee. in full for his services
as attorney, to date.
In January 1895 f.. o. Leonard trustee,
clerk and manager, and at one time treas
urer, overdrew his account to the amount
of about Sj2n. This YVES fixed up on jan
nary j. 1888, by two notes signed by his
Wife, Irene l.. Leonard, one OF sS015,
cured by two bonds of the National Life
Insurance company as collateral and
one for 1920 with Ely -Copperiield Mining
company bonds as collateral. In Septem-
Der, 1897. this mining company had been
adJudSed insolvent, assignees appointed
and its bonds were then not of great
value. These notes remain unpaid in the
hands of the receiver. 1t further appear
ed that the bank held Mr.. Leonards notes
to the amount of $327702. Mr. Hale was
unable to recall any knowledge of this
overdraft."
Attorney Stckney stated that the claim
of the petitioners was that the books and
other data of the bank were shown only
for the purposes of examination for use
in the case and not for general publica-
ton. They claim that the information
was never given out in any other manner
and information as contained in the article
referred to could only have been secured
from the solicitors of Strainc. Such con-
publication of the article refused to allow
the use of further papers until an order
be gwen by the court for their protec-
! tion.
The attorney for the defendant in the
case admitted that the books containing
the accounts, etc, We're produced and
/ stated that spectators We're allowed at
| the hearing, any of whom might have
CLEANED information as to what was go-
/ ing on at the hearing. Some of the tes-
timony was read and created not a little
/ interest, tie denied that any of the ora
tors solicitors desired any of the informa-
tion except for the trial of the case and
have not used them for any other pur-
pose. The fact that an Associated Press
man asked for matter relating to the case
was brought up and 1t was stated that
the attorneys of the opposition was CON
suited In the matter and the reporter re-
ferred to the commissioner
Attorney Stckney called John B. Pickett
one of the attorneys OF Straino, as wit
ness. Mr., Pickett testified that he was al
the office of the bank on last Tuesday
when examination OF the books was made
Thought there were others present beside
those directly interested in the case. En-
tracts We're taken from the book of rec
ords some Of which were read. He did not