The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-12-10

morning Judge Fox said that he had CAREFUL
examined the Indictment against John c
Winship ct al He said that in relation to til
first and fourth objection to the ipdictmen
he still had serious doubts, but that as tn,
second and sixth commits were perfectly vail
ne would override the motion to quash the in
dictment, leaving the defendants all thei
rights in the case for motion in arrest o
judgment if the trial should result in con
| viction.
The respondents, John o. Winshp an
George w. SWEET, were then arraigned
waived the reading Of the Indictment and
severally plead "not guilty." The jury wer
then impannelled. Their names and residences
are as follows: John G. Crawford, Paris fore
man; Daniel K Barker, Naples; Franklin F
Knight, Naples; John Fl. Small, Gray; Johl
ID. Sawyer, Gray; Amos Blazo, Porter; Isaac
L. French, Porter; Harlan B True, Pownal
Samuel f. Piper, Parsonsfeld; FL. Lorel
Merrill, Parsonsfeld; Peleg B. Hammond
Paris; Isaac D. Waterman, Poland Afte
the reading of the Indictment by the clerl
which consumed over an hour the trial of thu
| respondents commenced.
| District Attorney Lunt opened the case il
behalf of the government. He said this case
| is one Of the strangest that ever came under
his observation. 1t demonstrates that truth
| is stranger than fiction. 1t is case which is
diverse in it's character and complicated in its
details. Great legal acuteness and technical
ingenuity is manifested in it's execution. The
respondents are to be tried for conspiracy
against the government of the United States,
under section $40 of the Revised Statutes of
the United States.
The District Attorney then explained the
nature of conspiracy as expounded by the
United States Supreme court, citing numerous
cases. He then went into a detailed state
ment of the facts of the case as understood by
the government.
Last January he said Holland, who then
ran mill in Windham, was approached by
Geo. w. SWEET who told him that he might
earn some money out of his creditors by going
into bankruptcy just as other men did. SWEET
further told Holland that he could show
Holland man who would "fx him all right,
and named John O. Winship of Portland.
Mr.. Holland afterwards went to Mr.. Win
ship, and the latter agreed to transact his
SuotucSS duu 81 dIIduSo mattcIo tua1 uio
creditors would be defrauded, and he realize
a handsome sum out of the transaction, for
$500.
Acting according to the instruction of Mr..
Winship, Holland afterwards gave a bill of
sale Of his property to SWEET for nominal
consideration of $4,000, although the actual
sum paid was only 5000.
Afterwards William 81. Lsavitt of Windham
was drawn into the vortex by deceitful and
fraudulent representations. Leavitt thinking
that SWEET had paid the sum named in the
bill Of sale took another bill of sale with him
of Hollands property, and actually paid $1,000
as his share. Both bills of sale were executed
by Mr.. Winship.
The District Attorney then gave a minute
description of the subsequent details of the
conspiracy, all of which have already have
been published.
He told how by the advice of Mr.. Winship,
and in his Office Holland, SWEET and Leavtt
on the 18th of May 1876 conspired to defraud
Hollands creditors by pledging and disposing
Of Hollands goods and chattels, obtained on
credit by the mortgage of that date in anticipa-
ton of his impending bankruptcy.
The alleged loss If $4,000 claimed to have
been given to Holland by wett and Lsavitt il
consideration of the mortgages given to them
by Holland was described with all its attend
ing circumstances. The fictitious statement of
losses and expenses made in view of the in
voluntary bankruptcy of Holland was also
infinitely described.
Mr.. Lunt said that Holland, SWEET and Leav
lit being simple mechanics, Sc, could not have
concocted this ingenious scheme for defrauding
Hollands creditors. The Trainer of the plot
was John o. Winship. He it was whose fer
tile mind invented and arranged all the de-
tails, aud advised the other conspirators what
to do. The conspiracy was able and could have
been made only By one we'll acquainted with
the bankrupt law, and versed in all the COM
pick law Of convey ancing. From his sworn
statements b.fore the Commissioner of Bank
ruptcy, Geo. W. SWEET is a perjurer Of the
blacklist dye. His psriured statements ind-
cate that Mr. Winship must have advised him
in this cunning work. The cash book of Mr..
Holland, which he produced to Mr.. Winship,
was not produced before the Bankrupt Com
missioner. A part of this book was destroyed,
a part will be presented to ths jlry All the
funds that were invested were furnished by
Mr.. Leavtt. IN all about $1,000. Holland, not
knowing the devious ways of him who would
avoid the bankrupt law, put himself entirely
into the hands of Mr.. Wnshp He was his
master and Holland submitted to his teach
ings. Mr.. Lunt said in conclusion that 10 the
conduct of this case be meant only to do what
is right, and vindicste the sanctity of the law.
L. - 81 ra;+ bo
The bankrupt law 6as made not for the pur"
pose of defrauding creditors. The conspiracy
in which the respondents were participants was
we'll laid, but like many bad schemes it was
discovered. 1t is we'll that it was. If these
men are brought to justics it will be warning
to others.
The first witness for the government was
Mr.. Preble, clerk of the u S. District Court
Mr.. Preble merely produced the original petit
ton of the creditors Of Holland against him
for involuntary bankruptcy. No objection be-
ing made all the papers relating to the pro.
ceedngs in bankruptcy were considered in the
case to bs referred to by either party. Among
these papers is composition by Holland in
September 1876, agreeing to pay his creditors
twenty per cent. Of his debts
The next witness was James d. Fessenden,
Register Of Bankruptcy. He identified the
deposition CT Holland taken before him in Sep
TENDER 1876,
Thomas A. Holland was then called. He
said: Iresde in Gorham. In the winter of
1876 lived in Gorham. 1 know Geo. W.
SWEET, one of the respondents. 1 first knew
him in 1874. In 1875 first had business with
him. L then borrowed money from him.
During the winter of 1859 l used to dive
into Portland. In January of 1876 Geo. W.
SWEET drove in with me. SWEET, at one tine
during January 1876 when he was riding with
me- sad, "Why don't you give up the ideaof
borrowing money and get it in another way
out of your creditors. / have friend in tom
who will put you through all right and straight
if you will go 10 with me to him. / rode tito
town again with him about the middle of he
month. We had about the same conversation,
and asked him who his friend was He thin
took me to John o. Winship. SWEET told ne
my credit was good and that l might borrw
money from my creditors and then fail and pr
them a percentage. Mr.. Winship told meae
would put me through bankruptcy for S. J.
1 agreed to pay Mr.. Winslow that sum to at
me through bankruptcy. SWEET and Winstp
asked me how much it would take to pay
what was owing and bring myself square.
said about $4,000, and Mr.. SWEET agreed to
nsh that sum when I wanted it. This war