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Case File: Conroy, Kate née Grundt (1896)
[Link to original] – Page 4, Column 5
THE SPECIAL TERM
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Of the Supreme Court to
Indict Conroy
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THE GRAND JURY IN SESSION
AND OTHER BUSINSS
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Controy's Strange Conduct Recently
CANTON, July 6 – This afternoon at two o’clock Crier Thomas Reynolds announced in the usual from that the extraordinary trial and special term of court were open for business. There was quite a large attendance on the part of the bar of the county, and about the usual sized audience.
The call of the grand jurors showed twenty of the twenty-four present, while one or two of the others were known to be in town. Arthur W. Gregory was sworn as foreman, after which Justice Leslie W. Russell charged the grand jury at length, calling attention to the fact that while it was not customary to call a grand jury save at regular terms of court, the exigencies of the present had in the minds of those in authority rendered it necessary. Some five or six criminals were in jail on more or less serious charges, one on that of murder. It was a serious charge, and while it was not the province of the court to speak of the evidence to be presented, it was well to define what constituted each of the different degrees of murder, when homicide was nothing higher than manslaughter, and under what circumstance it was justifiable. He then gave the definitions of each plainly and comprehensively, and the jury retired for work.
The trial jurors showed up well, only one failing to respond, and he had the forethought to send a satisfactory excuse.
There was a large amount of exparte business, some of which was the naming of referees in foreclosure and partition cases, and was devoid of interest.
Several out of town attorneys lined up in an application for a commission to take testimony, etc., which was granted.
A. W. Orvis also wanted a commission in a case in which he represented the plaintiff. E. H. Neary did not object, but wanted to get in an amended answer first. He was allowed to serve it on the spot. Mr. Orvis served a reply, and the order was granted.
In the case of Johnson Harvester Company vs. Kitts et al. a demurrer was argued, Grace R. Hale appeared for plaintiff and Hon. V. P. Abbott for defendants. The court took the papers and decision was reserved.
Hon. John C. Keeler wanted an order to show cause why Mary Harmon, of Edwards, should not be punished for contempt for neglecting to remove a fence encroaching upon the highway after notice so to do. Earl Bancroft opposed on the ground that the papers did not show that no previous application had been made. The court held the point well taken. This is another phase of a fight which has been in the courts several times and has once been to the general term.
In the partition action of Dodge vs. Dodge, the referee’s report of sale came up for confirmation, and the amount of costs to be awarded the various attorneys. H. B. Chase represented plaintiff, C. A. Kellogg two defendants, and George H. Bowers, guardian ad litem of several infants, appeared in person. The court heard all concerned, but did not at the time fix the allowances.
The civil calendar was then disposed of as follows:
Sherman H. Nickerson et al vs. Canton Marble Company (limited) et al. Defendants moved to put the case over or strike it off on the ground of insufficient notice of trial. The court decided that no harm would be done if the case went over. John C. Keefer for plaintiffs, Morse, Livermore and Griffin for defendants.
William H. Colbert vs. James S. McKay et al. The plaintiff was ready for trial, but on motion of defendants the case goes over. L.E. Ginn for plaintiff, W. M. Hawkins for defendants.
The Edgar A. Newell Company vs. Robert Thompson. Referred to H. E. Seaver. C. A. Kellogg for plaintiff, A. B. Shepard for defendant.
Frank L. Pelton vs. Edward A. Everett et al. This was a demurrer and defendants wanted to argue it, but as the time to serve an amended complaint had not expired, the court held that the plaintiff could not be foreclosed of that right, and the case goes over. A. Z. Squires for plaintiff; L. E. Ginn and E. A. Everett for defendants.
Charles Parker et al. vs. Robert Thompson. An inquest was taken in this case. Sellar Leishman for plaintiffs; A. B. Shepard for defendant.
At this point an adjournment until morning was taken.
At a meeting of the bar of the county, held this afternoon at the library, Hon. V. P. Abbott was made chairman and F. L. Bell, secretary. L. P. Hale stated that it had come to his knowledge that Hon. Leslie W. Russell had recently had some most excellent photographs, nearly life size, taken, and he believed that if it were the wish of the bar, the Judge would be willing to contribute one, which could be framed and hung in the court room. A committee was appointed, consisting of Hon. V. P. Abbott, Hon. John M. Kellogg and Ledyard P. Hale, to acquaint the Judge of the desires of the members of the Bar, and doubtless soon his portrait will adorn the court house.
For the last few days Conroy has showed apparent bursts of ungovernable rage, approaching temporary insanity. Whether these outbursts are real or feigned is probably one of the issues that the jury which sits upon his case will have to determine. The fact that they are a new departure, and are manifested just before the sitting of the grand jury, may tend to cast some doubts upon their genuineness, and may be urged also as showing that under mental strain his self control is easily lost.
