The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-12-17
The Conspiracy Case.
THE SEVENTH DAY OF THE
TRIAL.
Testimony of John o. Wiuship ana Geo.
w. SWEET.

| ven Der, 1875. l first saw him Ia nv eff
Nov. 2, 1877. He then came to consult me
relation to his mill. 1 next saw him in Jal
uary, 1876 He said be wished to get loan q
his property, and asked me if be could effs,
one. He told rae If could get loan for hir
he would give me $780, L succeeded 10 gettln
Mr. Baxter and Trueman Harmon to loan hi
the sam he wanted. 1 told Holland to give m
schedule of his stock, sc. Soon after too
Harmon and Baxter out to the mill, and Ho
land gave them in my presence favor lbl
account of his business. Said that he ha
$4,000 when he entered the business. MI
Baxter after consultation said he did not lik
to give loan on personal property as it wa
constantly changing hands, bat would on rea
estate. Subsequently thew decided not to Civ
him the loan, and told Holland so. % tn
4th of February l again met him in nv offic
with Mr.. SWEET. SWEET said that Hollan,
wanted TO borrow some money from him.
told SWEET that he could LOAF Holland none
by taking a security ON Hollands stock in tn
form of pledge. Later on the same day VIM
FL. Baxter gave SWEET $1l10, secured by
mortgage which SWEET had on Clement &
SWEET. On the came day 1 was directed t.
make bill of sale. A paper was made signed
by SWEET and given to Holland When thu
first mortgage was made the three bills of sale
were returned to Holland. On the 17tn Of
February met Leavitt, SWEET and Holland iu
my office. Leavitt said that SWEET wanted him
TO 20 in with him, and let Holland have some
money, and wanted my advice. said that a!
far as the property was concerned 1 knew
nothing, but would make the bills of sale ia a
legal manner. l told him that the stock should
be taken 10 the forn. Of pledge. He said be
wanted the bill of sale to run to him and
a1c holt - e.,
sale of Feb. 4. followed his directions.
Leavitt went out aud got the money from q
savings bank. SWEET did not advance any
money, but his assignment Of half of the 6rst
bill of sale made the money thus advanced By
both equal.
Next saw them on March Sd. It was then
stated to me that Holland wanted some more
money, made bill of sale of $1,000 running
to SWEET and Leavitt, and told them TO stow the
stock secured BY that in safe place.
1 next saw Hollend on the Sth of April at
my Office and at the Adams House, Mr.. s wett
being present. Holland said that he must
pay money that day and wanted to know if he
could get note discounted with the endorse
ment of SWEET and Leavitt. I told HIM it was
too late for banking hours. then borrowed
S4S5 and gave it to him, and he gave me note
for $500. The note was afterwards protested.
Fifteen dollars was given to me as bonus for
my trouble. After the note was protested 1
took it up at the request of Laavlts aud SWEET.
This note was to be covered by mortgage to
be subsequently given. On the 18th Of April
The same parties with Mr.. Harmon were in
my office. Holland complained that he could
not use the stock, and they asked me if mort
gage could not be given. After consultation
with my partner, Mr.. Drummond, / told them
that it could, AID mortgage was given. as be-
lore stated, and the bills of sale returned to
Holland. l don't know what motley passed
between the parties, but Leavitt gave Holland
lis note for $1,000. Ii was agreed that the $500
tote Of April 18th should be considered part of
he consideration. The next day Holland said
o ME that he was unable to get any money on
be $1,000 note given by Leavitt to him the day
,efOre He SAID that Mr.. Harmon would cash
he note if he was satisfied 10 regard to Leavitt.
then gave him two checks OF $500 and ST..
The note Of Herbert Hall was afterwards given
ne 10 part payment for these checks
Near the last of April Leavitt and SWEET
Isked me if their security was good, and
sked Holland to give me a schedule OF his
property which be did on the Sd Of May. 1t
bowed that he had $l1 900 worth of stock.
old them then not to take any security on
Uture stock.
On the Sd of May Holland told me that
Ieavitt and SWEET bad advanced him $4,000.
wett, Holland and Leavitt came into my Of
Ice on the 4th of May. and I, in accordance
7itb their Instructions, made a second mort
age, advising them that it should be on short
lme, and that the property should be taken on
!, if not paid. 1t was so entered in the mort.
age. The bonus in addition to the regular in
srest was by the agreement OF the parties 5
or cent for every three months. In their va
ous transactions the firm of Dru umond aud
Vlnship acted as counsel. Holland was
either my client, Hor the client of the firm.
About the middle of June Holla and urged me
} write to Leavitt ;and SWEET, asking them to
1t him have some more money. On the Sd of
uly Holland with SWEET and Leavitt was in
~ Office; Holland was in three times that
ay. When he first came in Swett said some
hing about Leavitt being there, and they sat
own by the table and some mouey passed be-
anne back. saying . aalef he had Just met
art Hall, who told him that he colld give MIN
400 If he went out to Windham He gave me
note given to him bg Isaac Sollinger, dated
uly 10, for $l100, to get cashed, but the 6ank
,ould not cash 1t until 1t was due: met liar
ION on the street aud asked him to cash the
ote, aud after inquiries as to its validity, &c,
q promised to cash it for $1075, which L after
7ard told Holland when he came 10 at 10:
lie agreed TO take that sum and 1t was paid
i'm, Afterwards Holland. SWEET and !1eavltt
onversed together, but l know nothing Of
What passed between them. Nothing was said
q my presence Of the scheme which Holland
aid was then coucocted as to the alleged loss
N Boston Common 1 never knew aoything
bout such scheme. No bills were measured
hat day as Holland stated. did not furnlsh
Holland on that day or a. any other time let
er to send to his creditors.
Next saw Holland July 9th. He said that
,e had got into a scrape, and narrated the SUD-
,osad loss on Boston Common. tod him that
10 person would believe such story. he
old me that Mr.. Tibbetts could testify to the
oss. He affirmed positively that he lost the
money, and again told him that nobody wou,d
believe it, On that same day Holland spoke to
ne in relation to settling with his creditors
,,,wo days after he again spoke to me about the
o. At err Asked me # the firm OF Drummond
q Wipship would bs his counsel, but told him
ney were already counsel for SWEET and LsaV-
l,t, and it would be inconsistent to be counsel
car bath parties, the mortgagOr aud the mort
tasee. Afterwards, on consultation with Mr..
Drummond, we agreed to help him settle with
his creditors. at no time during the transac-
ton was anything said about Holland going
into Bankruptcy. No such Contingency was
mentioned. 1 did not make permanent
to put him through bankruptcy fur
1900. [ never acted az his counsel until the
s b If July, and then only as one OF the hrm
of Drummond q Wiuship.
At about the middle of July Holland brought
to me q notice which he had received, notifying
him that involuntary proceedings 10 bankrupt,
ov had been brought against him by part OF
his creditors. Previous to this time l ADVISED
Swett and Leavitt TO take possession under the
morteaee. During the mouth of August Hal-
Land Rad eoayersation with me in relation to
his hearing before Jutge Fox. ! ASKED nun
ahont Swett aud LeaviJt, and told him that
wss going out to see my father on the follow
inc Sunday and would like to see them. Cn-
dsr the direction of Holland l at that tlne
m ade ont two statements 10 relation to dol,
I.nd's property. 7 said wanted SWEET aad
T,eavitt to state Just how their relations Win
Holland stood. That meeting was IN contemp'
latioo of the hearing b fore Judge Fox. Va
that Sunday afternoon first had snort COZ,
yersstlon with Mr.. SWEET under az apple tfel
in the orchard. Mr.. Leavitt next came, ana g
incurred of him as did of Mr.. SWEET IN reia'
ton to his affairs. While we were IaIklns
Holland came up with team ana toiu owet
that he had better ride as he was lame, put ne
said he would rather walk. As there was
number of houses there We went to grove
T talked with SWEET and he said be would trl
to account for the money he claimed, and
told him if he did it fraudulently he would sui
fer for il. He spoke about accounting by pre-
tending to have received some money from hi
hrother-in-law. Mr. Winship here gave DC
tailed statement of the meeting in the grove
and said he simply questioned each OF III
knowledge of his affairs.
On the morning of the hearing before Judg
Fox advised Leavtt to tell the whole truth
Before Holland was examined L asked hln
wheae his cash book was, aud he said ne oil
D.. not have it. 1 told him that unless be shew
he would not get through bankruptcy. d
4, went upon the stand but did not pro luce
cash book, After the hearing l asked hin
Share the cash book was an / he said he had il
bnt never saw it af terwards. I never advise
him to destroy it. At another hearing in Sci
TENDER I asked Leavitt if be intended to te
tho truth unon the stand and he said no.