The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-12-16
THE CONSPIRACY CASE.
The Defence Opened-Rcmarks by MIR.
Bradbury and MIR. Clifford.

MT bradbury, counsel for Winshp, opened
the case for defence, combining himself chiefly
to the legal features OF the case. In order to
estab ish its case under the frat third and fifth
counts which relate to the mortgages of April
18th and May 4tb, the government must show
that the goods were obtained on credit and that
the defendants pledged them with intent to de.
fraud the creditors The fourth coun,
refers to the purchase of Scull & Bros, and
here it must be proved that Holland Intended
to defraud and the defendants to conspire. The
second and sixth counts refer to the fictitious
loss of July 81 ard the alleged conspiracy on
the 10Th of July. The bankrupt proceedings
had commenced on the Goth of July, aud it is
necessary for the government to show that at
about that time the defendants conspired that
Holland should attempt to account for his prop
erty by fictitious losses. Mr. Bradbury COZ
ciuded by saying that all that was done by MIR.
Winship was done without fraudulent intent.
Mr. Charles Clifford, counsel for George w
Swett called to the attention of the jary the
legal presumption that all men were innocent
until proved guilty beyond reasonable doubt
The government witnesses are perjured scoun-
a soldier under Gen. Fesserdep, and like his
gall Mt commander had left leg upon the
field. By hard toll he had added to his pension
and was worth 10 1875 81 900 or $4,000 Hol-
land, the infamous pararer, had robbed him
of every dollar of it aud had induced him to
pledge his credit for $4,000 more. The transact
lions were open and honorable on the part CT
SWEET. In 1875 SWEET had lent Holland nearly
$4,000 and in February, 1876, took a bill CT
sale Of portion Of. Hollands stock to cover
these advances. La April. when be took tn
first mortgage to secure himself, his advances
amounted to $500. Again in May he took
second mortgage for his better security and had
it recorded. He put $4,000 Or $4,000 into this
second mortgage.
Leavitt, the obfessed perjurer, says that
SWEET on the Sd of July falsely pretended to
SWetG had 81 300 there AMI gave it to Ho land
on that day. Mr.. Clifford said that the real
criminals Were the pe,jured witnesses. Holland
and Leavitt. All good men must pray that
such perjured villains should meet their just re-
ward and that their victims should not suffer.
TESTIMONY OF EDWARD SANDS.
Edward Sands was then called for the de.
fence. He said that bis residence was in
Maine, and that by occupation be was travel.
ling stereopticor. Was in Portland on the 5.h
of July, 1876. Was with SWEET on that afte:-
noon from until assisting him ia sending
away the body of his wife's father. He and
SWEET met Holland at the Boston train that
night, and Holland told them apout tn, rob
berry, saying that be fell asleep on the common
and was robbed of $4,000.
On crOss-eXamiuatIon he admitted that while
in The employ Of the Eastern Express Co. in
Lewiston he bad stolen from them. SWEET had
signed note for him, bat hs was not his cred.
itor.
TESTIMONY OF BYRON D. vERRILL
Byron D. Verrll, assignee of hollands es-
tate, called by the District Attorney, testified
that at the examination before Judge Fox Hol-
Common. About Oct 1st Holland told him
that he wss appointed agent of the wooden mill
by the mortgages because he had lost that
money. He (Verril) had made a specific de-
nand On SWEET for the property, but it had
been refused.
On cross-examination by Mr.. WDshp he
said he bought bill 10 equity for possession
Of the property, but that it was agreed that the
business should continue while the suit was
pending and the proct eds be paid into the Court
Subse quently bond was given and accepted.
He remembered arguing that $4,000 10 bills of
small denominations could not be carried in
the size Of the one Holland carried
10 reply to Mr.. Clifford he said that after he
became assignee he notified the creditors they
must employ another attorney.
Court adjourned until 10 this morning Tae
trial will continue probably through this week.
A NICE LEGAL QUESTION Judge Loud
IF the Supreme Court of Massachusetts,, on
Friday rendered decision in the divorce case
If Elizabeth Loud vs. Ephraim A. Loud, in
which a nice legal question arises. 1t appears
hat both parties were married in Massachusetts
10 1870, and lived together as man and VITA
until 1877, when they separated. Ia the same
year the husband came to his f.thet's house 10
Maine aud while there took measures to pro.
cure divorce. The wife was notified ard an
arrangement was made by VIII oh she, 10 co.,
sidtration Cf $4,000 as alimony, released her
light of dover to her hus bands property and
withdrew all opposition to the suit for divorce,
which was decided in favor of her husband,
who subsequently married again. Recently
Mrs Loud consulted counsel relative to the
custody Of the child, and on an examir alton of
that the divorce Obtained by her husband 10
Maine was not valid. She therefore filed
libel fer divorce and on hearing several ques-
lions were raised which were reserved by Judge
Loud. Friday morning 10 the presence of all
the counsel the Judge decided that Mr.. Loud
never acquired domicile in the State of
Maine; that Mrs. Loud received due notice If
H. 70 no 81 A.,
into the agreement then made with the full
belief that the courts in that State had jurisdc-
ton. The matter was then reported to the full
court, which is to finally pass upon the case.
THE WRECK ON PEAKS Island Mr.. B. G.
Coburn, of Mackey's Island, reported at the
PRESS Office Saturday that portions of tie
probably from the same vessel men
TONED 10 that mornings PRESS, came ashore
near his place, including 800 feet of lumber.
There was also plank painted black with
name that looked like "Deven" on it, The
only vessel u the Lloyds register of that name
Is hermaphodite brig of 13l tons register,
built at Bath in 1868 and hailing from Oak
land. There is a schooner 'Dscorca," which
NAV ba the vessel, of 1859 toas register, owaed
and hailing from Machi.s and engaged in the
lumber business The sea-captain, mentioned
in the Sunday Times, who Investigated the
matter SO carefully had better look a little
sharper next time. as one If the bast seamen in
this harbor has also given the matter careful
attention, and the fact of the spar and rudder
On Peaks Island show conclusiVely this was
not a part of any vessels deckload. Some
people thought the wreck might balong to the
City Of Ellsworth, but Mrs. Grant, wife of
Captain Grant, says shs received letter from
the captain dated the day after tha storm, say
ing he put into Fox Islaad III irb,r to lie until
the gale was over, and the captain Of vessel
which arrived yesterday saw the City of Ellis
worth in Herring Gut Saturday.
Personal.
Oramandel Smith, of Litchfeld, is rapidly re-
covering, and will be present to call to order
the next State house Of representatives..
Senator Blaine has received scores of tele.
grams and letters from all parts of the North.
and some from the Souih, approving his