The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-04-30

canvass Of late years. and very sill ght for fiji
teen years past; don't remember what time I
made the call upon Mr.. Pennell.
Hosea I. Robinson.
city clerk of Portland, testifed-Was often
before the grand jury ON official business.
Witness was shown book "Bill of costs for
September term S. J. Court 1922. In list of
Robinson. This is not my signature; know of
no other person of my name in Portland.
CROSS EXAMINED,
No recollection Of not receiving this fee;
know was entitled to fees in this case never
sent after my fees in any instance.
REDIRECT
Always signed my name in receipt of witness
fees, and always went to Pencils office after
them.
CROSS EXAMINED.
remember this case, but don't rembember
OF being witness.
REDIRECT.
identified the fact that was wit ness bv
referring to the docket and signed papers
EXAMINATION OF MR. TOWNSEND RESUMED.
Mr.. Libby explained the method of exam
lining the treasurer's books by the county COM
missioners.
The explanation was assented to by the wit
ness.
Usually the whole board was present at these
quarterly examinations; Mr.. Pennell assisted
us in looking up vouchers; during 1873 Or 1874
Fennells practice was not to produce the
money that appeared to be due; on Dec. 80, I
must have left the office before four o'clock in
the afternoon.
The book accounts were nearly complete
upon that day; can't swear how far, but think
we had got upon the recapitulation. Mr.. PEN
nell wrote the certificate of settlement which
was placed in evidence. We signed the certif-
icate, relying upon the statement of Mr.. PEN
nell, whose veracity we had never questioned
previous subsequently We served notice
upon Mr.. Pennell for the amount due alleged
by him to have been robbed.
COPY OF THE CERTIFICATE.
Cumberland IS. January 81, 1875.
This may certify that we have examined the ac-
counts OF Thomas Pencil from Oct. l, 1874, to
Dec 81, 1874, and find them correctly cast and
vouched for, and the balance due the county is
$50, 7S1.O4, and we find that there is in the
treasury the sum of $50, 7.o9, which has been
for 1875, and the balance, being $9,97895, was
robbed from the treasury on Dec. 80, 1874.
EpWIs f I. ToWssrsp, County
VIM. SMALL, Commissioners.
Discussion here ensued on the point of intro
ducing testimony in reference to the sup
| preston of certain books connected with the
| treasurer's office previous to the robbery.
The court ruled that the evidence was adj
Missile. Mr.. Strout took exceptions.
While was commissioner in 1874 1 knew OF
books kept by Mr.. Pennell lin his possession
saw them in the secretary. AS a matter of Gu
r1oSlty looked these books over to ascertain
if our predecessors transacted similar to us. ]
saw journal, the record of receipts and pay.
mentS. We made search subsequent to Mr.
Pennell's term of office for that book. 1 ex.
ahmed different departments of the treasurer
| office, and in the county commissioners office
| we did not find the books in question.
Witness was shown paper This is the
| notice we served upon Mr.. Pennell for the pro
| duction of those books.
The substance of this is that for 1872 the
county commissioners were unable to find the
| cash book and journal of the years prior to
| 1873; that they were very important in the
| settlement and auditing of his accounts and
| that he was requested and notified to return
| the same to them at his earliest convenience
| This notice was signed by the county commits
| no answer from this notice. In May or June
| the examination of such books as could be
| found was submitted to Geo. c. Goldman.
CROSS EXAMINED.
In pocket diary of mine 1 find this memo
| randum: cat county office at work, - recorded
under Dec. 30. Think worked on treasurer's
books more than one day that week. We
couldn't adjust the accounts without journal
and cash book, and so we must have had them
upon this occasion; think we checked items
as we examined them.
Witness was asked to point out these check
marks on the journal, page 234, opposite date
Dec 80. Found marks but didn't put them
them there, nor know what they were there for
swear must have gone before O'Clock
each day from the office because 1 took the
o'clock train for Yarmouth to visit my sick
wife. We examined vouchers before auditing
them. We had allowed Mr.. Pennell to pay
part payments on running accounts without
auditing the items until the entire bill was
paid; have stated that had seen two books OF
the treasurer prior to 1873, on many occasions;
safe was constantly open when was present;
had no right and never asked Mr.. Pennell to
inspect his safe; counted the contents of the
safe once.
Geo. G. Goldman
testified that at the request of the county COM
missioners he had examined the books of
Treasurer Pennell and found errors of over
charges, double charges, absence of vouchers,
&C., aggregating against Pennell 5000. ~, and
in his favor $1,077.2o, leaving balance OF
710S due the county because of errors. The
aggregate claimed Indebtedness is $40, .O3,
with interest, including $9,923.95 admitted to
be due at last settlement.