The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-03-23

s5O75
As Mr.. Dow, at the time the transfer wa
made, had. as he alleges, the best reason to sup
pose that an attachment of $500 was upor
Peck's house, tbs quite evident. according &c
his showing, that he received security only u
the amount Of S2575, instead of S9Ooi, rs rep
resented BY Mr.. Peck. With the $500 addi-
tional of unsuspected value In the house, Mr..
Dow, according to his own admission, now
holds S5075 Of Peck's property in his hands
Peck farther alleges that rs the Hallowell note
on which Mr.. Dow was guarantor, has been
taken care Of by other parties, (see page ~
II the property in BOWS hands is there with
out any specified consideration, and that IN
point Of fact, Dow was under obligation by IN
instrument in writing, TO re convey the proper
ty when the note was provided for, ana tha'
This paper was taken from his safe together
with other articles, as will be more fully ex-
planned in the course of q few pages. Mr..
bow, however. finds In his own judgment,
equitable and legal reasons for retaining the
propeyty as partial compensation for the large
iosss inflicted upon him by reason ofhis lia6il-
ity as one Of Peck's bondsmen, and in other
modes that will be more clearly set forth IN the
progress of this Report. Mr.. BOWS ground
Il. that when he took the property he consider
ed il little enough security for the SPECIFIC OBJ
ject for which Il was conveyed, aud though II
has since proved to be more valuable, and the
note il was given To secure has been otherwise
provided for, yet the development OF events has
given him valid claim on even great deal
larger amount of Peck's property, II there IVES
any 20 be laid hold of The Committee regarl
all these questions as entirely beyond their
sphere Of adjudication, and they mention the
position of the parties thereto just as they
have respectively testified.
During the various and thickening difficulties
M found Mr. Peck, at the elose OF the last and
the beginning of the present year, MIR. George
ii. Shirley OF Portland, acted as an agent and
friend of Mr. Dow; going 20 Bangor, Augusta
and other places, ON errands connected with
business precipitated on Mr.. Dow by the de-
falcation. Mr.. Shirley was in Bangor at the
time of Mr.. Peck's arrest, Jan. ith, trying to
secure for the bondsmen, transfer OF the
Canada property held in trust by Hallowell
and Smith. Peck held various papers IRON
Scallan, CT vital interest in the matter, and he
had agreed To give them up whenever needed.
They were in his private safe at his residence
in Portland, and he entrusted Mr. Shirley with
the duty of getting them therefrom ana apply
ing them to the proper use. For this purpose,
vben Mr.. Shirley was parting from vi. Peek,
he handed him the safe key with Instructions,
as Peck testifes, TO remove the papers relating
20 the Canada property. out 10 touch hOthlHg
else in the safe. Mr.. Shirley's testimony be-
fore the Committee, ON this point, was in these
words:
"On parting from Mr.. Peck, Jan. 4th, he
handed me the key Of his safe, requesting me
20 take out the papers relative to the Canada
lands. rs neces sary to any transfer that mign'
he made. ON the evening Of Jan. 9Th, went 70
Mr.. Peck's house, took tea with his family, and
told his wife that had come TO examine some
paper, in Mr.. P,'s safe. Mrs, Peck, her son
and daughter, went to the safe with me. tool
from the safe the papers relating TO the Canada
lands. all the memoranda, some three or fOui
I'm number, relating to Mr.. Dow's transactions,
and a deed of certain timber lands in the town
of SMYRNA, Went Immediately to Mr.. DoW's
house and delivered TO his wife Che being absent
in Augusta) the papers relating to transactions
with Peck. and requested herto carefully pre-
serve them"
Mr.. Shirley denies that Peck gave him any
positive instructions as 10 the other papers in
the safe, and he admits that he made a pretty
thorough examination of the contents. The
day after he had removed these papers, Shirley
went 10 Bangor to confer as Mr.. BOWS agent,
with the other bondsmen, about going to
Canada and taking the title from HalloWell to
the Canada lands. Shirley says he took the
deed of Smyrna lands, that he had removed
from the safe with him, hoping To find Peek
(who was still in jail) in proper disposition to
convey the same to his bondsmen. lie found
him, however, in u different mood. Shirley
says-''I found he was determined. to throw
himself into the hands of Leayitt and Co., ard
that he meant 10 look odt for himself" An
other part Of Mr.. Shirley's testimony is per-
tinent and interesting. lie says:
One of the first things Peck asked me was,
"where Is my safe key" lie then asked me
what had done with his papers equiyoca-
,ed about the key. I had IL with me, but find
4. a h., II Al Ian m
10 Il. l did not let him have the key as | was
trying 20 get property for the bondsmen, as |
was employed by them. He asked me about
the other papers besides those relating TO Cana
da IL had done anything with Dow's mem-
oranda; told him / had taken them and
given them 10 Mrs. Dow, Mr.. Dow being absent
at Augusta. He made no objection and seemed
perfectly satisfied. That night he gave me
power of attorney to convey the Canada lands
10 bondsmen. When met Peek afterwards in
Augusta, he upbraided me for having taken
The papers.
Mr.. Peck specifically and positively contra
diets Mr.. Shirley's testimony touching tie
papers in the safe. He denies that any such
conversation as that related by Shirley took
place. and in the strongest manner athrms that
he nsver directly or indirectly gave permission
to Shirley, or any one~lse, 10 remove any pa
pers from the safe except those relating TO the
Nauouo ltuu>s anu tkiht Us clSOAat
Was just the opposite. There is the NEST
glaring untruth somewhere between the par
ties. IL frf s..-Hr.
:. On Saturday, Jan. 7th. Shirley, A. II. Hal
lowell, and Walter Brown. started from Ban
gor for Canada. accompanied rs far as Danyille
yuncuon ey Mr.. Chase, Que Of the bondsmen.
shirley, Brown and Chase seem TO have con-
versed good deal rs they went along, about
the safe. Brown pressed Shirley 10 know what
was In It, and \. replied; 81 think there arc
papers OF Importance, but don't feel Ike
divulging." Brown was still more esrer 20
know, saying. There must be soms,,,;r ~
valuable In the safe. because Peck and Isa,.;,,
show 20 much anxiety about it, Shirley NV
that he "advised 20 let things alone I'm 10
should get back to Portland" At DAWN.
Junction, Dir Chasc's brother met the com.
pany. and farther consultation seems 10 have
resulted In q determination 20 advise the seizure
Of tho safe. ,stelcgraphic message was ac-
eordinrly sent tothc bondsmen in Portland 70
gss posssssion Of It. After Mr.. Shirley reach.
"a Island Pond, same evening, he received q
dispatch from Mr.. 8. O. Chase in these words
ssWhsrs have !, on put the k,ys II may b
wanted" Mr.. shirley had the safe key with
him, and In response to the dispatch, let him
tsll bic own story. ~
sTvrote letter from there Island Pond. } "a
Mn. Dow, saying I enclosed . key belonging
- - .k;~k p.rk nd sold Mr. Dow. thai