Waterbury evening Democrat., 1904-05-11
STILL AFTER nATTOON.
Papers Sevred Upon Him In Effort to
 Declare Him a Bankrupt.

Hartford, May 11.-Deputy United States Marshal Philip E. Bowen serv- ed yesterday upon Burton H. Mattoon at the state prison papers summoning him to appear in the United States district court May 16, at 2:30 m. to say why the petition of the selectmen and the treasurer of the town of Wa tertown that he be declared 8 bank rupt be not granted. The summons reads:
 Laying all other matters aside and notwithstanding any excuse, that you personally appear"
 This formula requiring the presence in person of the alleged bankrupt was said by Clerk ID. E. Marvin of the dis trict court to be the one in regular use, although 1t seems to be n dead letter, as MT Marvin and other law yers say that it is an unusual thing for an alleged bankrupt to be present in person. As a general thing he is represented by a lawyer, such repre- sentation being considered as answer ing the requirement. to appear per sonalIy" Sometimes he doesn't appear either In his own flesh or the fiesh of a lawyer, in which case, of course he becomes a bankrupt by default.
 Tn the Mattoon case, while it is not expected that the former Watertown treasurer will care to make contest, there are tother matters" which he cannot lay aside and "personally" ap- pear-that is, without an order from q state court or by habeas corpus pro- ceedings, which would necessitate an application to the judge of state court 1
 Judge A. F. Eggleston said yester- day that be didn't know of any prece- dent for taking q man out of state prison for such a purpose and that it wasn't necessary, anyway, as his test1- mony could be taken by deposition. The United States courts had no juris- diction over a prisoner sentenced by state court, and neither the prison directors nor the warden could tenn porarily remove him on their own au- thorfty, though 1t might be done by habeaS corpus.
 Charles B. Perkins said that there was no real requirements for the al- legged bankrupt to appear in person as in a criminal case--that the man could be represented by a lawyer. Tn nine cases out of ten, according to MT Per- kins the bankrupt didn't appear. If he did not appear and was not represent ed, the case would be lost by default. The command to appear i'll person was "mere form" Be knew of no way to get the man before the court in per son except by habeas corpus proceed ings, which were available in case his testimony was desired. This would require an application to a state judge MT Perkins had never known 1t done in this state.
 Warden Garvin said that he would take no responsibility in such a case and would not allow the man to leave the prison unless there was an order from a state court to produce him. He could not recognize the authority of & United States court in such a case Tn his experience in Connecticut and before coming here 1t had not been an uncommon thing to allow n man to leave the prison to testify, nnder proper court orders. It had happened two or three times within the last year.
 The petition is made by the town of Watertown, through its selectmen, James G. Skilton, Myron Wheeler and Edward F. McGowan, and it's treas urer, Howard M Hickox. It alleges that Mattoon converted to his own use funds of the town amounting to $11,- ETA, divided as follows:
 September 16. 1895 .S8, BOO April 1, 1896 1874 October 1, 19O0 October 1, 1901. 4.0OO October 1, 1901, October 1, 1902. 2,5oO