The Portland daily press., 1880-05-03
BY TELEGRAPH.
THE PENNELL CASE.
The Jury Render Verdict for the
Defendant
A JUDICIAL DECISION THAT MR..
PENNELL WAS ROBBED.
special Despatch to the Press.

Especial Despatch to the Press.
AUBURN, May 1.-The court opened at s
o'clock this morning-an hour earlier than
usual, SO as to give ample time for the counsel
to make their closing arguments. The occas-
ion attracted crowd of spectators, who APP
peared deeply interest in the able arguments
presented. A. A. Strout, Esq, addressed the
court and jury as follows:
MIR. sTRoUT's ARGUMENT.
May II Please Your Honor and G
the J0ry-This cause, so important in the
amount involved and the great public and pri-
vate interests at stake, draws to close, and it
becomes my duty to sum up the testimony Of
fered upon the stand, and to present such sug-
gestions and arguments as may be drawn prop
eriy and legitimately from this testimony. 1t
IS the province and duty of counsel thus to as
sist the jury, not by unfair appeals or misrep-
resentation of the evidence; not by insnua-
ton, which cannot be supported by proof; nor
| by assaults upon the character of witnesses
| without iustifying cause but by grouping and
| comparing the evidence of various witnesses,
| by Analysing their motives and by pointing out
the connection of their statements with the
issue which you are to decide. Beyond this
the scope of our duty and privilege does not
extend, and although our greater familiarity
with the case enables us to be of assistance in
| criticsing the evidence, we cannot change the
facts upon which, under the oath you have
case should rest here 1 cannot doubt that YOUR
conclusion as to the guilt and innocence of
Thomas Pennell would be fixed and definite.
do not expect to strengthen your conclusions
by my argument do not expect my friend,
who represents the county and who is to follow
me, will weaken them. But, inasmuch as he
has the closing argument it becomes my duty
to anticipate as much as possible his line of at
tack, and to urge what seems to me to be the
true and just theory which you are to adopt in
tindlnU | have rpnly tn him, hat
| ever theory he may urge, and however I'M
sound 1 may think that theory to be- nv
mouth will be shut 1t is, therefore, my duty
to ask that you will scrutinize the arguments
of both counsel, and where they are unsound
that you will disregard them.
By the pleading in this case, as we'll as by
the agreement of counsel, the issue presented
to you is whether on Dec. Both, 1874, Thomas
Pennell, without his fault or negligence. was
robbed of the funds Of the county of Cumber
land in sum not exceeding $4,000, as he has
alleged in his brief statement. If he was. and
that was the whole balance remaining in his
hands, the law says, the court, in this very
case, has decided that such robbery would be
good defence to this action. This issue is one
of the greatest Importance. 1t is important to
the county and the public. 1t is important in
the amount involved to Mr.. Pennell and his
bondsmen, as well as the county. and is espec-
tally important to Mr.. Pennell himself, who.
after long years of public service, during
which the scrutiny of politicians and of friend
and foe, has found no stain upon his good
| name as man of honor and integrity, now
finds himself confronted with charge, which
if true, involves the crimes Of fraud and self
| robbery, and perjury upon the stand, and
which, if true, at this hour, when the shad
ows of life's evening begin to fall upon him,
would involve him, as well as his wife and
children, in overwhelming disgrace 1t is
upon this question of robbery which you are
to pass, involving the guilt CT innocence of
Mr. Pennell, and not question of book-keep-
ing. warn you against the attempt which
| may be made to divert your mind from the
collateral, and which are only admissible as
affording motive for the awful crimes which
this charge, that Mr. Pennell was not robbed
imply.
Mr.. Strout here reviewed the testimony re-
lating to the alleged use of the funds of the
county by Mr.. Pencil, and the discrepancies
and errors alleged to exist in his books He
said certain checks for small amounts
were shown as payable to l.. B, bennett, Geo.
A. Thomas and Mr.. Woodman; that the testi-
mony was clear and without dispute that these
checks were given either to pay the debts of
the county or were cases where Mr.. Pennell
applied the money where, as in case of the
funds paid to Mr.. Thomas, it was in small bills
and coin, for the use of the county for change
and given check instead, or in some instan-
ces where, as an accommodation Mr.. Pennell
had given check to be sent away, depositipg
the money to an equal amount in its place.
elJnef IN the bank or at the office.
Mr.. Strout assailed the investigation of Mr..
Pencils accounts by the expert, Mr. Cod
man. He concluded that in matter involy-
ing the honor and character of man like Mr..
Pennell, he should not have been denied the
privilege OF being present and assisting at such
examination and of finding orders and other
vouchers and making explanations. He said
the testimony showed that Pencil was refused
this privilege, that he was kept in Ignorance of
the result OF the investigation of his accounts,
nrnd I'D -
confronted with them at the LIST trial, when
he had no chance to explain, and when he was
exposed to the unjust prejudice which was ex-
cited against him. He said the pretended sup
preston OF the old books was for like pur-
pose; that the evidence showed that these
books for 1871 and 1872 had been settled and
lald aside, and that they were left by Mr. Pen
nell in the treasurer's office; that six months
after the robbery, during which time the office
had been in the hands of the County Commits
made upon Mr.. Pennell to produce these books
over which no had no control, and of which
he knew nothing. Mr.. Strout claimed that
this was done to prejudice Mr. Pennell, and
that ne was the one to demand the books of
the county, and that the county should not de-
mand the books of Mr.. PenneIl, Mr.. Strout
then showed from the testimony of Goldman.
that in cases which he had included amongst
the errors, where only the word ''paid" was
found against the charge. and where no sigma
in the quarterly settlement had been allowed
by the County Commissioners Mr.. Goldman
had made no search for orders or receipts. al
though IN some cases they had since been
found, giving as reason that it would have
taken too much time. He claimed that it was
agreed on all hands that all these errors to
be counted for Mr.. Pennell did not exceed ac-
cord1ng to Goldman, $1.077-while the errors
the other way amounted to $606, leaving
pa against Mr.. Pencil of only $471-that
9m0nnf no furtI, IT,
sums allowed by the County Commissioners at
the time OF $794S and 5000, leaving only
$32061-the alleged defalcation, and MI.
Strout claimed that if his last quarters salary
was taken out and an expert could have taken
the books and vouchers,as they were left
at the time of the robbery, it would have
been found that the balance of errors when
rectifed would be IN favor of Mr.. Pen
nell instead of the county. He explained
bow the double charges got on to the book.
claiming that some were accidental and a ma
lority arose from the fact that Mrs. Mcclellan
finding the vouchers unchecked had entered
them in the absence of Mr. Pennell, and that
ne, not knowing that she had entered them,
las it was directed by him that she should leave
this work for him to do after he returned) had
copied them in q second time, thus making
double charges. Mr.. Strout contended that
this was not intentional, and that it was in
credible that Pencil, in order to cover up.
deficiency tfS320, should have contriyed this
robbery with all its details-that he should
have forgotten wife and children, and his own
future, and plunged without cause into an
lab crime; that he should have changed
Us ent from an honest upright man into
arobber, thief and periurer. He said that
e had been engaged in no business to use
honey and had met with no considerable loss
m; that he was economical, had farm, kept
esarders and had $1,000 per year salary: that
bob ad property amounting to some $4,000 of
his own, and that thousand men in the coun-
ty of Cumberland would have loaned or given
him the amount if he had needed it.
Mr.. Strout then proceeded to discuss the
robbery. He said the facts attending the rob
berry were established by nineteen witnesses
upon the stand, and that instead of Mr.. Pen
nell being the only witness of the robbery,
that Mr.. Pennell was insensble when it took
place, and that if Mr.. Pennell was out of the
case it would still be proven beyond contro-
versy that the robbery had taken place by
proof as strong as that which had sent men to
the gallows. He discussed the place where it
took place. He said the robbers, watching
their time, assaulted Pennell just after six
o'clock, when the adjacent offices were closed,
and when he would be putting up his books
before locking the safe to go home, in a room
remote from the street and other occupied
buildings, with thick walls, heavy iron shut
tarS and two doors one of which xyas iron to