The Portland daily press., 1874-12-30
Tbe Pacific yIail Investigation.


reversing the order of the court below and per-
hitting Tilton to introduce all his papers on
the trial.
The Pacific Mail Envesti CATION.
The investigation of the Pacific Mail Steam
ship Company was resumed this morning.
George S. .Scott testified that false entries OF
amounts to him were reported to him by MIR.
Hatch as being credited to him in the Pacific
Mail books, at the time Hatch told him he
(Hatch) was managing director of the compa-
ny; thought it was in the spring OF 1877. Ihe
WITNESSES firm was named Scott, Strong 81 90.
There were two or three entries on the books
one of $4,000 and another of $4,000. Wit
ness promised to produce the account to the
committee ill., ..
By Dawes-Do you know of any false en-
tries to other parties in the Pacific Mail books?
The witness gave Mr.. Dawes a sly side wink
and Whispered something in his ear in an un-
dertoue. The answer was not insisted on.
Julius NJ Moves of the firm of Harriott &
Moves, who had been connected with the firm
for many years, had accounts with A. r.. Stock
we'll, but did not know Richard b. 1--WE, u.
In May, 1872. lie had transactions with A. b.
Stockwel. He had no knowledge of an entry
in the books of the company in May, 1872, of
sum of $65o,0OO charged to their firm. A check
for $780,, 547, 95, signed by Irwin and endorsed
by Mr. Noyes was identified by the witaess. He
said it was what is called an exchange check.
This entry of S650,000 was false, as were all
such entries. The check for $507, .95 was
only loan to Stockwell personally for accom-
mediation and not to the company. Witness
was paid by the check for $500,000 from the
Pacific Mail Company, and the day after this
another check from the Panama Railroad Com
pany for S7,547 IS was deposited This was
done simply at the request of Stockwell.
Other testimony was introduced showing
that checks were made payable to Mr.. King,
then postmaster OF the House, at various Dank-
ing houses.
Alderman Billings testified that he was a di
rector of the company in 1871 He knew of
Irwin being sent to Washington to represent
the company aud procure the passage of the
subsidy bill He was present at a directors
meeting when Stockwe, the President, was
authorized to employ counsel and money to Sc
cure its passage. r.s-
The Decision Respecting the "Bill of
Particulars.
The following are extracts from the opinion
of Judge Nelson in the Tton-Beecher case:
The particulars when furnished perform a
double office: First, TO advise the defendant;
second, to limit the plaintiff. SIT may be a
shield. 1t may be sword" Before they are
ordered it should appear that the applicant
need the information, and that the other party
can give the particulars to be held by them as
n firm grasp in the prescribed circle without
materially impairng his rights. If the subject
matter be snch as in its nature admits of gener-
al or reliable information-a thing open as the
day-the particulars may be ordered without
hesitation. On the contrary if from the nature
of the subject, the act or offence and the cir
cumstances are not to DE thus seen, known or
resolved, the order should be granted with
great hesitation or withheld.
1t was, therefore, material to consider wheth-
er the defendent needed the information
claimed, and in this form he shows by affidavit
that he had mo knowledge or suspicion as to
the time or places at which plaintiff
expects to prove the case, and was entirely at a
loss to form any surmise concerning the pr0ba-
BILE line of proof which may be adopted by the
plaintiff on trial. That being so, he stood in
the attitude common to suitors pressed by what
they deem an article and false claim.
The field of combat is open to him as it has
been to litgants for generations. He will rec
ognize the fact, and his learned counsel will
accept the suggestion that defendant cannot
by an interlocutory order be put in the position
when on trial, the plaintiffs proofs are in and
is closed. But it does not appear from the
proofs that the plaintiff has any actual per
sonal knowledge which could be safely. put in
the form of particulars. He had at the best
certain information by which he may have
been enlightened or may have been msled. If
not misled as to the substantive fact, he may
have been as to the times and places to be des-
ignated under the order. As the defendant has
thus all the information which could be extort-
ed BY orders of court should he be content or
should that as to time and place be put in the
form of particulars?
The charge in form will not add one iot or
title to the information as given. The advan-
tage gained might be one which defendant, in
the exercise of his own Judgment would regard
as one which might operate Oppresslvely upon
plaintiff on the trial.
A special and theoretical suggestion in favor
of the particulars remains to be noticed 1t is
said that as the defendant is innocent he may
be surprised, and on the trial may be confront
ed by fabricated testimony as to acts never
1roo cd Of Inv q statement
times and places be given he might be prepared
to prove that at such time he was absent from
the state.
Such apprehensions, peculiar to nervous
suitors, do not deserve much attention. The
statements that the plaintiff intends to intro
duce fabricated testimony was fully met by his
affidavit, and we must respect that denial. The
case is not m this respect peculiar. The like
suggestion, for aught we cap see, might be
made in half the cases on our calendar. /
have too much faith in the ordeal to which un-
known witnesses may be subjected on the trial
to accept such suggestion. In few cases
could defendant be as free from q chance of
being taken by surprise. AS the case is ex-
pected to last some weeks in its trial, there
could be ample time for the defendant TO
recover from any casual surprise and meet any
expected testimony.
Various Matters.
Edward McEvoy of Boston, with $500 and a
gold watch in his pockets was rescued from the
North River early Sunday morning, into which
he had plunged under an inebrlated haliuclna-
ton that he was swimming from Cunard dock,
East Boston, across to Long wharf in Boston
proper.
Patrick Wallace beat his wife'S brains out in
Williamsburg last night. Both were drunk.
John p. Hall murdered an elderly lady nam
ed Fitch, at Guilford Centre, this state, on Sun
day morning with an axe. He was arrested.
1t is considered by many that the arguments
made in the Beecher-Tilton case foreshadow the
introduction of spiritualism into the case wher
J it comes to trial. e..