Anna Gould Et Als. v. Alban J. Parker

This is a petition for a writ of prohibition, brought to this court by Anna Gould and six others, all citizens of Rutland County, whereby it is sought to restrain Alban J. Parker, Attorney General of this State, and Edward G. McClallen, Jr., State's Attorney for Rutland County, from preparing and presenting any evidence before a special grand jury called to consider a charge of embezzlement against John G. Keale, of Jersey City, New Jersey; from interfering in any way with the proceedings of that body; and from preparing any indictments to be considered by it. It is alleged that the petitionees, Parker and McClallan, are disqualified and unsuitable to conduct the proceedings. The petitionees have filed a motion to dismiss the petition, and the question raised thereby is whether a writ of prohibition will lie against them. The events leading up to the bringing of the petition, so far as they may be material for an understanding of the case, are these:-- Keale is a co-administrator of the estate of Bridget Wade Coleman, late of Wallingford, in Rutland County, who died on February 20, 1943, at the age of 78, and for some time before her death he had managed her financial affairs, under a power of attorney executed by her. The petitioner Anna Gould filed a claim against her estate and, through her attorney, made a complaint to the petitionees that Keale, during Miss Coleman's lifetime had misappropriated funds belonging to her, to the amount of approximately $6200. Acting upon this information a warrant was issued and Keale was arrested, but upon a preliminary hearing before the Rutland City Court he was discharged for lack of sufficient evidence. A further investigation was made, and the petitionees reached the Conclusion that the case against him was not strong enough to warrant a conviction. It appeared that his amended inventory of the estate showed sums of money on deposit in various banks in the City of Rutland held by him as assets of the estate which equaled or exceeded the amount of the alleged misappropriation. The petitioners, however, believing that the money had been replaced in the estate with an understanding between Keale and the petitionees that if restitution should be made no prosecution would be instituted, applied to the County Court to call a special grand jury to examine the charge of embezzlement, and the application was granted. The Attorney General communicated with the Governor of the State, stating that in view of his, and the States Attorney's, connection with the matter, he felt that they were disqualified to proceed with it, and asked for the appointment of special counsel under the provisions of P. L. 382. The Governor was not inclined to grant the request, and the petitionees agreed and now intend to present the case to the grand jury. The petitioners expressly disclaim any imputation of bad faith on the part of either of the petitionees, but they allege that if the case should be conducted by them the result will be either a failure to find an indictment, or, if found, that it will be subject to a motion to quash because of their disqualification.