The Portland daily press., 1870-05-25
Portland and Vicinity.
Superior Conf

uVcfiOr Court.
MAY CRIMINAL TERM-GoDpARD H. pRFsIDIyG
iohspAX.-State vs.. Frank d. Holland, for per-
jury. Inc iaets in the are somewhat familiar Ia
our readers, developed in our report of Lewis s. Co.
vs. Dunn ct al, tried at the April term. In that
triai Holland testified that he made sham sale Of
MS stock oil goods, piano and wagon to George W
Dunn to defraud creditors. The jury disagreed
Holland was arrested and held to answer the finding
OF the grand jury charge of perjury. This term
the Indictment has been found and its trial just
pleted.
The State relied mainly upon the number OF its
witnesses, George w. Dunn, his father, John N.
Dunn, his brother, John e. Dunn, standing square,
y together and forcing down the statements of Hol-
land.
In the progress of the trial the question was raised
whether George w. Dunn paid Frank Holland $500
in Boston about the middle of September. d, nm
said that he did; Holland said that he did not Hol-
land acknowledged that he was in Boston about that
time. Dunn says that on the 18th of September he
paid Holland $500 at the old State House at or 6
O'Clock in the afternoon, and brings two witnesses
with refreshing entries in their hands of tha'
date An exciting contest arises on the question *
this date. Dunn brings Blaisdel, who swears that
he loaned him 800, that he made memorandum in
his diary on the very day and that it was the 18TH
and on that day and hour he saw Dunn at the State
House pay it over to Holland Ordway swears that
he dinei with Angeline Edwards, the adopted sister
OF Dunn, In Boston; that he then paid Dunn $40 on
bis note and took it up and made me morandum of
the date OF the payment the back OF the note and
1t was the 18th, and the Immediately after he was ip
uoduced to Holland as the future partner of Dunn,
and Hottie Dunn's diary finds him in Portland on
the 18th taking the boat the evening for Boston
The defence now considered their case sure. Three
witnesses Fix the date by refreshing entries Of his
presence in Boston on the 18th; they say these en-
tries are fabrcations made to convict Holland and
characterize the prosecution itself perurous and
that Holland was not i'll Boston on the 18Th. Hol-
lands story is that he cashed a check in Lewiston
on the 14th; that be came to Portland and bought
two bills Of goods the 15h arrived at Boston on
the morning of the 10th; purchased goods on that
day In Boston, and returned, the steamboat reg
lister shows, on the evening of the 10th; and wit
ness places him buying goods in store from 8 I'll,
after O'Clock, and then goes with him to the boat
Both Lewis & Co. and Mari Brothers charge him
with goods in Portland on the 18th. The Govern
ment concede on the suggestion of the Court, that
he was not in Boston the 18th. On this concession
the defence felt sure of a.quittal. They also relied
upon circumstances of piano sold at $131, bought
few days before at 5000, $3.50 of which remained un-
paid and held as security for the balance. Instead
Of forfeiting the piano. Holland first sold it to Dunn
tor $i31 and then redeemed it of his vender paving
$50, losing some $40 besides the $50 advanced.
Then the circumstance of wagon mortgaged from
George Dunn to his father and returned and deliv-
cred to the Hollands on threats of suit, and many
other circumstances too numerous too mention. The
State planted themselves firmly on the confessed in
fimy of Holland and the opposition of his story to
the direct testimony of their witnesses
ATS O'Clock the Court came in according to ar
rangement, and the jury were brought in and re-
ported that they we're unable to agree. The Judge
inquired IT they required any instruction IN natter
OF law, AMI the foreman rep d in the negative The
Judge then ordered them back to their room One
juryman informed the Court that there was no prob
ability OF their agreeing verdict. Another asked
an explanation Of ga reasonable Doubt" which was
given at length by the Court The Judge then or
dered the jury back to their room saying that if they
should agree upon verdict it coull be sealed up and
they might separate.
Haskell. Strout & Gage.
Pusifer.
State VS.: P. s. g. P. l.. II. Nuisance at Portland
Bridge On trial.
Haskell Webb
State vs.. Ellen Hagerty. Larceny of $lG Pieaued
guilty. Sentence, three months.