Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1900-08-16
KIMBALL REFUSED BAIL.
Much Married Man Must Languish
in Chelsea Jail.
Interesting Proceedings Before The
Assistant Judges and County Clerk.

Assistant Judges and County Clerk.
John F. Kimball, once Of Randolph,
was the pivot around which an interesting
series Of events revolved at Chelsea, Mon
day. The occasion was a hearing before
the assistant judges on the question OF
whether be should oe admitted to bail,
and, after that, the taking OF testimony
before the clerk in the suit of Anna W.
Reed against her gay young son-in-law,
which suit is for an accounting Win
Kimball for the profits il is claimed the
latter has pocketed in the Old-Dr.- jack
son. Family Remedy business.
The hearing was held ia the grand jury
room, which was crowded with interest
ed spectators, the fame OF Kimball having
spread throughout the community and
much curiosity having been aroused as TO
the appearance OF the man who has re-
Gently figured so prominently in the
Boston papers.
Judge Fits was originally called on 10
set bail. but deeming the case OF more than
ordinary importance he had Judge MeLam
sit with him. states Attorney Darling
and ]. ID. DenisOn represented the state,
while the active work for the respondent
was done by George l.. Stow, though
Judge Nichols and J, K. Darling sat in
the background and seemed to be lending
the moral influence Of their presence in
the respondents behalf Mr.. stow moved
to have bail set, out the states attorney
made the point that the assistant judges
had no authority 10 set il, the respondent
not having been committed TO jail,
but simply lodged there for safe
keeping. He contended that any
recOgnizance that an assistant Judge
could take, in the circumstances OF
this case, would be void, and that while
he did not want to unlawfully deprive
Kimball OF his liberty, he must insist that
no chances be takeni that u was ms
ouinion, Judging from kimbal's record
that il be got out on bail he would never
be seen here again; hence the Importance
of getting bail that could be realized on.
MIR. stow maintained that 10 deprive
Kfmball OF the right to bail would be in
violation of the spirit OF the constitution
and great injustice, and a good deal OF
law was slung back and forth BY the
various attorneys. The judges retired for
consultation, and after a time Judge Fits
rendered the following decision: I'VE
are OF the opinion thst the respondent is
not committed for trial within the mean
inc OF the statute, and that We have,
therefore, no Jurisdiction to set bis
bail. Motion for bail denied"
Kimball viii probably bring the matter
before the supreme court, on writ OF
hGbsds corpus, where without doub the
will be admitted TO bail.
As soon as this matter vas disposed Of,
the taking Of testimony in the civil SUIT,
before Clerk Emery, was begun. MT.
Deuison appeared for the plaintiff, and j..
K. Darling and Judge Nichols for aim
ball. The former stated that MS appear
anee was IN place of George wing, Kim
balls regular attorney, VINO was uha1ls
TO be present. At the commencement OF
proceedings, Mrs Reed, her two daughters
and several other LADY and gentlemen
friends OF the plaintiff tucluding two
babies filed into the room, and took seats
At one end OF a long table. AT the other
end sat kimball, with smooth shaNe ana
pair OF crutches. The occasion Tor the
latter is kimbal's fall in the jail last
week. where it is said he fell backward
from a height OF fifteen feet or So.
Outside Of his Iameness, he did not seem
10 be suffering much, in fact got as much
fun out OF the proceedings as any OF the
eroWd. He showed himself quite apt al
framing questions for his counsel TO put
TO the witnesses. The only grief ne
showed was when bis little glrl lett her
mothers side and crawled up into bis lap.
He then wept quite freely, and with evident
me only witnesses whose testimony
yrss of much interest were Grace Cook and
prank b.. LAMB Miss Cook, a bright
appeartug young lady, testified that she
vas empIoyed in June, 1893, by Pearl
Eimbslt as a stenogrRpher and lady
attendant at 237 fremont Street, Boston,
for the Old DR.. Jackson Home Remedy
Co.. that John F. Kimball showed up in
October as the proprietor Of the business,
ana that mis- income therefrom averaged
s}D0 week, up 70 Dec. !. Johns story 70
ber at first as TO how be got into the
business wasthat he was money y-lender
and let "Old Dr. Jackson have some
money, and not being able 70 get II back
he took the business in payment. Later
on. John tcId bis lady attendant that
/ Mrs Reed started MIN in the business in
ne first place, with the understanding
/ mat sne should have half the profits.
/ The cross-examinHtion by Mr.. Dazzling
| seemed to be for the purpose OF bringing
/ ont that the witness had run the business
1 barseIf. and that X i'm ball had not eceived
much ont Of ii. She said that the receipts
Z from the sales OF medicine were kept on
Sins Of paper, and that Kimball took the
money after paying her salary, which was
1 si0 per week to start With, and Us when
- y,f through. when asked where
those sIips now were, the witness chuckled
signf6eRntly and said, 81 left them IN the
4 oaice- They we're in the desk when got
| through with them. and in November for
I certain reasons all papers In the desk we're
taken by police inspector from Boston
I headuuarters" At this reply, klmball
I shifted contemptuously, and almost forgot
1 that be was wearing crutches.
Miss Cook further testified that while
Pearl Kimbsli was running the business
I he sent John 500 week.