The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-04-28
by TELEGRAPH.
THE PENNELL CASE.
The Story Of the County Treasury
Robbery Retold.
EX-TREASURER PENNELL ON THE
WITNESS STAND.

AUBURN, Me-, April 2.-The suit of the
County of Cumberland against the bondsmen
OF ex-County Treasurer Thomas Pennell was
opened in the Supreme Court to-day before
Judge Walton. Mr.. G. F. Libby of Portland,
of Portland and Mr.. John B. Cotton, of the
firm of Frye, Cotton & White, Of Lewiston
appear for defendants.
AS the trial involves judicial investigation
of the alleged robbery of the Cumberland
County treasury sketch of the circumstances
of that affair may throw light on the testi-
mony. December 80, 1874, Mr.. Thomas PEN
nell, the County Treasurer was found early
in the evening lying in state of insensibility in
his office in the City building in Portland
He was discovered by a newsboy who went in
there to sell his paper The safe was broken
open and had the appearance of having been
riied. No strange persons had been seen
around the building that day and no unusual
noise heard though the City Treasurer passed
Mr.. Pencils Office short time before the rob-
berry occurred. On recovering consciousness
Mr.. Pennell said that he left his office shortly
befor 6 O'Clock and went down to the Adver-
tiser office and bought paper. On returning
he noticed man who logged his footsteps. A
few minutes after he entered his office and
while reading the paper he had bought, man
stepped in and asked him if he could cash
check. Mr.. Pennell was suspicious of the
man and replied that he could not at that late
hour. Just then tap was heard on the win
dow and he turned round to see what it was
From this time he knew nothing till he had
been found and restored to consciousness. Mr..
Pennell had a mark on the side of his head.
apparently the result of blow, cut over the
right eyebrow which might have been made
by fall, and marks on the throat.
On examining Mr. Pencils accounts it ap-
peared that the office was short $1O,S23.41,
Mr.. Pennell claimed that this had been stolen
by the robbers. He gave as reason for hav-
ing so large sum of money in the safe that
and he had the money there to deliver it to
his successor. Detectives were set at work on
The case but they never succeeded in finding
any clue which amounted to anything. A
more thorough examination of Mr. Pennell's
books showed some Irregularities, and the
County Commissioners, not being entirely sat-
isfied by the robbery theory, brought suit
against his bondsmen, who were Robert PEN
nell, Alcott S. Pennell, David Pennell.
Charles Dunning and Robert Dunning.
At the first trial the County claimed that
robbery, even if one occurred, was no defence,
and that the bondsmen were liable in any
event The presiding judge so ruled, and the
defendants took exceptions. This sent the
case to the full court where the ruling of the
judge was reversed and the case sent back for
trial of the facts.
At the opening Of the trial to-day long dis
cussion took place as to questions to be SUBJ
mitted to the jury. The court finally said,
1.-The whole question is, is there any money in
the hands of the ex-Treasurer of which he
was not robbed, and if so, how much? The
latter question can de determined between the
counsel in vacation; the former will be de-
cided by the jury. Both parties agreed to the
ruling, and c. f. Libby proceeded to open the
case for the plaintiff.
In the afternoon j. B. Cotton, ESQ.,, opened
for defence, and Mr.. Pennell took the stand.
By some unaccountable accident only a
small part of our report came to hand. None
of Mr.. Pencils direct examination was re-
ceived and but portion of his cross examina-
ton. That is as follows:]
He denied the statements published in the
daily papers contrary to his testimony. He did
not balance the books until sJanuary 1, 1875.
Received $780, 80 from the Bridgton collector
which had not been accounted for. He al
ways received his salary quarterly in full. He
declared that he never lent or lost any funds
from the County treasury and did not draw
checks in favor OF the pastor Of the Universal
list church, L. B. bennett or G. A. Thomas
against County funds. WITNESS was here
shown check book which he recognized as
his, in which were the stubs of five checks
drawn in favor of LIB. bennett, Rev. George
W. Bicknell and George A. Thomas on the
County of Cumberland.) Mr.. Pennell said he
had no recollection of issuing these checks,
but was positive no loans were made from the
County to those persons. He said he might
have changed the form of the checks or de-
posted private funds to equal amounts. His
income for the years 1873 and 1874 was 800 or
$500 from his farm; $40 interest in vessel
besides his salar, as treasurer. He didn't re-
move any books .or papers belonging to the
County from the office previous or subsequent
to the robbery and has not seen the books
since.
Court adjourned at p. IN.