The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-04-17

ARE MISSING
Claims Defendant in Dun
levy-Fenton Suit.
A BILL OF DISCOVERY
Results in an Injunction Restraining
Plaintiff from Proceeding Further
Until This Matter II Determined
Re,urnable a, September Term.

/ The ia.t.lreunius famous nunlr,s Zen
tuu hrarh 1T promise suii has iaksn nil
new interest thi, Nuek thiuush an in.
Junction granted By juiFe a. ", Taylor
80 a hill 1t discovery pirrcnlrd ~ she
defendant, ElNari I, ieulun, Through
+ IL, counsel. Gibson A Waterman The
Z inlunriiun has srnul Monday afternoon
"a Nj. katherine nunlety, plaintiff ~
Z ihc suit. In lrpfiy sheriff ihaunosy !,
E knapp, II restrain, hrr and hrf aii0r
nry. ium proceeding further ia the rAsr
[ until r. determination 81 the hall II dis
uuNcy. aud a. the iulun,ilun D. not o..
iumablr until the September tern 81
court Il T. unlikely that the case vail iv
taken up ~ the pv-vnt session,
The bll 1T discovery on which Judgr
/ TAYLOR i.-ursl hi, restraining order -ris
I forth that q suit for si5nu Was brought
Nov. y. lg5. by Miss Dunlcyy against
| Mr.. Fcnton, alleging that un two "crasipns
! the latter promised L. marry her. u also
sets forth that M due course Mr.. fruiun
flied hs pleas. claiming that 10y reason ui
ALLEGED misconduct on the plrt OF Mis-
Duncyy be- refused 10 marry her Mr.
f.nton further says in hts hill that Tor
hy, ar Fix year, before the suit was
brought Miss Dunlcyy was accustomed 10
visit his clothing store m the lllvn
building aud Was often with him al hls
desk aud knew the contents ui the desk.
that ior NOR, than year before the suit
was brought Miss Dunlryy's brother, 10.
-eph was employed A. clerk IN Mr..
feniOn's store and was also familiar with
the contents oi the desk: that immediate.
Is after the suit was brought Joseph Dun
levy finished work N the stnp but ire
lurnty visited II aitcrwam aud on some
occasions AT AZ the desk.
MIR FrntOn further avets that m Ger
tain compartment Of his desk was let
ter from Miss Dunlcyy relative TO the
suit now pending IL having been written
Jan. ~, 1870, asking for an appointment
with Mr.. Fenton 10 discuss matters per
tanning 10 the ca-c-also other letters, ~
eeipts aud photographs, and that no one
but Miss Duulcyy had any motive FOR tax
ing them. One oi these other Letters Mr..
Fcnton claims. was written by the plain
tiff IN explanation OF alleged misconduct
ON which the defendant bases one OF his
pleas; the Others were from other young
women of his acquaintance and the re-
ceipis from f. &. Gale. Mr., Fcnton says
that when he went to the desk about
April ], 1897 to get certain of these letters
lac found the compartment empty and
that he has been unable to ind any OF the
contents of the compartment since that
time although the receipts were produced
last August DN r.. W. Sllltn ut W els
River, counsel for Gen. j. II. Albin OF
Concord, y. H., at the time when deposl-
tions were being taken in the Gale lbn
libel suit. Mr. Fenton believes the NJ.
ceipts in question were given to Mr. Smith
by Miss Dunlevy who acted as stenogra-
pher at the time the dispositions were be
ing taken. He alleges further that Miss
Dunleyy, her attorneys or her confederates
have in their possession or custody all OF
the missing documents and fears they will
be used TO harass him at the trial by rails
ing false issues. He also claims that one
OF the missing letters is material evidence
in his behalf and will corroborate certain
evidence which he intends to introduce IN
defence of the suit. He therefore asks
that Miss Dunleyy. her brother and their
coniederates be summoned to appear in
the court of chancery and answer certain
questions relative to these matters.
The order issued by Judge Taylor re-
strains Miss Dnlevy, her brother, their
agents, attorneys and confedeates from
proceeding further in the action already
begun until the termination of the suit in
equity or until further order from the
court or from beginning any other action
relative to these matters. 1t also enJolns
Miss Dunlevy from further using in evil
dence any of the documents referred to
in the bill of discovery, or from destroy
ing, disposing or changing the possession,
custody or control of these documents.