The New York herald., 1878-11-23
THE DURFEE WILL CASE.
ADJOURNED HEARING IN TAUNTON Yesterday
EVIDENCE AS TO THE DESTRUCTION or THE

ADJOURNED HEARING IN TAUNTON YEsTERDAY-
EVIDENCE AS TO THE DESTRUCTION or THE
BOOKS.
LEY TELEGRAPH TO THE HERALD.
TAUNTON, Mass. Nov. % 1879.
The adjourned hearing in the Durfee will case WAS
resumed this morning. After the presentment OF the
first years claims Mr. Marson called up the petition
for the removal OF the executors. All the creditors
but three have consented to the present executors.
H. u. Durfce and J. NJ. Borden resgning and then
being reappointed together with John S. Bray ton of
FAN River As those creditors who refused their con-
sent 10 this proposition still claimed their rights the
hearing on the removal of the executors went on.
EVIDENCE OF THE BooKEEErER.
Mr.. Marston called George 4. Hathaway who was
sworn and testified as follows:-Dr. Durfee the
indorser for Chace. Mason 4 Durfee; he began to
indorse tor them III 1863 ana continued TO do to
1872; so long there any -four mill know this,
because was his bookkeeper he indorscl every day
almost; don't know what has become OF the
books: was at Mr.. Chaces house on
the day he wrote to the Union Mill
directors informing them of his disaster;
Mr.. Durtee there Chace was writing his letter
with pencil making sort Of draft Of it to be copied
in ink; two gentlemen came into the room and said
the books were loaded in the wagon and asked where
they to be burned: Durfcc suggested that they
De burned at MS iatner iafn one or the gentlemen
suggested that they be burned Holder Durfees fur
mace: Mr. Durfeo said il they were burned at the farm
some OF the leaves would be blown away; decline
10 say who these gentlemen were who had the books
in the wagon: had talk with Mr.. Durfee in Jail
here last summer but it had nothing to do with this
matter; Mason withdrew from active membership
some time ago. ana Dnrtee and > Angler Ch;cc We're
the active members OF the firm OF Chace, Mason y
Durfee tho two men who said the books Were loadc
and ready to be burned were in the house ten ff
teen minutes.
CRoss-ExAMISATIoS.
Think Dr. Durfec was amenlber of the firm in 1868.
but can't swear to IL Holder Durfec took his place
was with Mr.. Chace when he WAS penciling his let
ter; began to deceive people December II. 1873;
never said word about destroying those books be.
fore the day mcntioned Mr.. Chacc and never talked
of destroying those books; did not know much OF
those books subsequent t. 1872; decline to name
the people who brought the books to Chaces house,
because do not want TO implicGte other people in
these matters
..Dd you not try to mitigate your sentence by
Judge Gardner by making conf ssion charging other
people with your faults?
The witness after some hesitation did not answer,
acting under the advice of his counsel.
Angler TEsTIFIEs.
s. Angler Chace being called and sworn testified as
follows:I first heard about the burning Of the books
within six months Of collapse Hathaway to
me aud asked me II We went down there would not
% chaee Mason , Durfs' 60 down |o. ,oo ne,tsr ne
be destroyed?" l asked "Why?' he said ''rhe
books will show how much money YOU have been
loanng to that firm" had no other talk with him
about the matter never heard conversation like
that which Hathaway hes just given; no men came
the room ~ the time
at my house. the afternoon mentioned that know
Of: DR.. Durfce had claim against Chace. Mason \
Durfee to the extent Of 100000 at the time OF his
death the Hathaway gave for destroying the
books WAS that they would show how much money
had let Mr.. Mason have before he Withdrew.
n. DURFEE SWORN.
Holder b. Durfee called and sworn and testified
as follows:-Some opposition was made originally to
my appointment my first work was to make com
plete inventory of the estate: there was some hing
said at Chace's house as to Hathaway; | met him in
the entry; he said that the Union Mills paper had
gone 70 protest. that Mr. Chace in serious trouble
and these books ought to be destroyed NJ
they would hurt Mr.. Chace if they were found:
l made direct reply; nothing was said
to Chace by either OF that / can recall;
there was talk about destroying them by certain par
ties three days later the question was asked
me by certain parties how the books should be de-
stroyed. but this talk not with Hathaway
don't know of my own knowledge that the books
were dcstroyed may have advised as to the place
where the books were to be burned; very likely did
advise; my mind was greatly exercised at this time
over Mr.. Chace had fears that the finding of the
books would injure Mr. Chace; understood Chace
Mason Durfee had q claim aganstl DR.. Durfee's
| estate.