St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1879-06-27
Caledonia Co. Court. TUNE Term, 1879

: the owner of the mortgage and notes
referred to. Another son of Peters,
: Joseph-bOught the farm and executed
: this mortgage to secure the payment of
the purchase money. Joseph was con-
fined in Jail at Haverhill, N. H., on a
charge of highway robbery, and at
March term, 1879, he was sentenced to
state prison in Concord, N. H., for eight
years. While in the Jail Joseph wanted
} to get bail and arranged with some one
! to steal this mortgage and notes. The
state claimed that the respondent stole
: them and carried them to Joseph's
: house. Any way JOseph's wife testified
, that she found them in her bureau
drawer; that she carried the mortgage
, to her husband in Jail and from the jail
to the Register of deeds, to have the
) mortgage discharged. Some one forged
the discharge, and upon the record the
farm stood free and clear. Joseph's
counsel was about to furnish the bail
when the forgery was discovered. The
evidence of respondent tended to show
that he knew nothing about the mort
gage and that if any one stole it, it was
Joseph's wife who did so. Verdict not
guilty. Carter and Hosford for State
E. w. Smith and Monteith for re-
spondent.
State Us. Richard E. Peabody. In
dictment in some 30 counts alleging
that on the 18th day of Dec. 1876, the
respondent forged the names of George
Van Dyke and Henry Merrill to Is
promissory notes of that date for 81 900
each, payable at various times there
after; that afterwards the respondent
uttered and passed these notes to va
rious parties as genuine notes. The
respondent for some years prior to Dec.
1876, had been carrying on extensive
lumber and wood business at Peabody
Station in GrOton that spring the re-
spOndent purchased the old saw mill
site at MclndOe's Falls and built
splendid saw mill there-costing some
$4,000. Van Dyke had for some years
before been an extensive lumber dealer,
and Merrill a successful business man.
Peabody found himself in need of funds,
and Van Dyke & Merrill executed on
that day ten promissory notes of 81 900
each, as endOrsers for r. E. Peabody g.
Co., and on the same day Peabody exc
cuted a mortgage to Van Dyke & Mer-
rill to secure them for endorsing these
ten notes. Each note stated that it
twas secured by mortgage" To give
a clear account of the case and the re-
spective claims made by the Govern
ment and by respondent we give the
testimony of certain witnesses in sub
stance.
George Van Dyke-testified that he,
Peabody and Merrill, formed partner
ship in Dec. 1876, under firm name of
Peabody, Van Dyke & Co.. that he
and Merrill agreed to sign ten notes of
S 900 each for the benefit of Peabody
or Peabody & Co., and that he and
Merrill signed no more and gave no
authority to any one to sign any more
that the mortgage referred to was to
secure these QO) notes that he did not
know until about the last of Nov. 1877,
that any other notes were outstanding
with the endorsement of Van Dyke and
Merrill that about that time he and
Merrill learned that there were other
notes than these 10 before spoken of
that they heard this of Capt. A. M.
Beattie who held two notes purpOrting
to be signed by him and Merrill that
he, Merrill and Beattie went to Boston
to secure Peabody's arrest. Before 60
ing there he learned that Wells River
bank held five notes the Merchants
Bank at st. Johnsbury held four; First
National Bank of st. Johnsbury held
three; Capt. Beattie held two; and
Charles Weeks of Canaan, held one
that they went to BostOn-had Peabody
arrested that the witnesses and others
met at PeabOdy's Office on Kilby street
and that there Peabody admitted that
he had forged the notes; that he gave
to some of the party list of the gen.
uine nOtes-ten in number-and list
of the forged nOtes-fifteen notes. This
further testfneuh tnottn4rt. Van Dyke
MN INTO the back Office and gave him
revolver saying to him that he got
that pistol to blow his brains ont and
CnaC ne wanted witness to keep it etc. ::
That Peabody telegraphed to Mr.. Put-
nam his brother-in-law at New Orleans
that Putnam and his father-ip-Iav at
st. JOhnsbury, came to Boston. that
peabody had just been to Washington
10 see Putnam and to disclose the fact
OF the forgery and TO endeavor to secure
Putnam's aid that Peabody was kent
under charge of an officer from Wedpes-
DAY until the next Saturday, when he
was brought to st. Johnsbury, his case
heard before Justice Lewis, and he
pound up for trial. There was large
amount OF testimony upon other mat
'ers that need not be reported.
henry MerTaH-testified that he was
partner In the old firm of Peabody
van Dyke q Co. E; that he went to work
Tor Peabody & Co., about May, 1876.
with view to learn the business and
IL he thought best to become a partner
| tnat he worked arOnnd tbo oo.: