The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-04-29
BY TELEGRAPH.
THE PENNELL CASE,
Second Day of the Auburn Trial,
MR.. PENNELL SUBJECTED TO IA
SEARCHING CROSS-ExAM-
NATION.
THE PENNELL CASE.
Especial Despatch to the Press. i

AUBURN, April 2S.-In opening for the
plaintiff in the Pennell case, yesterday, Mr..
Libby first explained to the jury the nature of
the writ by which the suit was brought. He
read the original brief statement of the de-
fenda nts and counter-brief statement of the
plaintiff, and said that the issue briefly was
whether or not Thomas Pennell was still ow-
ing the County of Cumberland eleven to
twelve thousand dollars. Two classes of items
are included in this amount. A balance of
.95 was admitted at the time of the last
settlement, and of this amount Mr. Pennell
claims to have been robbed. But we claim
more than this said Mr. Libby. The balance
of the sum we claim as due from Mr.. Pennell.
is made up of a series of erroneous charges
running through the books kept bv Mr.. Pen
nell. We shall submit evidence to you that
there has been continuous series of double
charges: we shall show you that there has
been forcing of balances, and that large
sums of money were paid out by Mr.. Pencil
without any signature to show to whom the
money was paid; we sh all submit to you that,
although Mr.. Pennell handled thousands of
dollars for the county, he made no weekly,
daily, or even monthly balance of cash. We
submit to you, gentlemen, that under Mr..
Pencils method of keeping his accounts, he
could not have known how much was due the
county from him on any given day. The
question which we present for your decision
after hearing the evidence is, how much is now
due the county from Thomas Pennell.
At this point in Mr.. Lbbys argument
Judge Walton remarked that as he understood
the law, that was not question to be decided
by the jury, but by the court. A discussion
on that point, which occupied about an hours
time, followed. The court finally decided that
the question whether there was any money in
the hands of the defendant of which he had
not been robbed, would be decided by the Jury:
and the question how much, if any, by the
court in vacation.
After Mr.. Libby concluded his argument.
John B. Cotton of Lewiston opened the de-
Tense. Mr.. Cotton briefly related the circum-
stances of the alleged robbery, and explained
the situation of the treasurers office in Port
land. He gave brief personal history of Mr..
Pennell. In reference to the charge that con-
tinuous errors in Mr.. Pencils favor had been
found in his accounts, Mr.. Cotton said that err
rors on the side of the county, amounting to
over $500, had also been found. Mr. Cotton
concluded his argument by saying that the
question was not one of dollars and cents
merely, but mans character and honor were
involved. The defence asked for a careful
consideration of the evidence.
Testimony Of Thomas Pennen.
Thomas Pennell, principal defendant in the
case, was called and testified:
Born in Harpswell. My business has been
farmer, ship builder, collector of taxes, super-
county treasurer. First went to Portland in
1861 Returned to Harpswell in 1865. Upon
election to office of treasurer moved to Port
land in 1869, where have since resided. NV
Office was situated in the extreme end of the
west corridor In new City building, Portland
Witness described office, corridor, stairs, etc.,
which are already familiar to your readers. l
had occupied the room five years. My office
hours were to 1 and 230 to 6. During 1874
1 had assistance from lady bookkeeper part
of the time. In 1874 1 taught one term of
school in Portland and spent summer vaca-
ton at my farm at Harpswell. I had no other
business. The safe in my office had heavy
outside door and an inner door. Inside was a
several drawers, and a steel box secured by a
combination lock. I kept in this safe all my
loose vouchers, the books of the office and
money OF the county, besides what had de-
poSlIou III tlo udnk MY private fundS-Oyer
$500, and $500 in United States bonds-and
1926 in money belonging to my ward were in
the safe at the time Of the robbery. The
funds were kept separately. On Dec. 80 1874
all the money belonging to the County of
Cumberland was in the Canal Bank and in
the safe in the treasurer's office. The Canal
Bank deposit was paid over to the incoming
treasurer, Mr.. Harding. Mr. Lewis Mcclellan
had been in my office every day for a week
previous to Dec. 30th Dec. 29th the county
commissioners were there nearly all the day
and other people were in and out as usual
The commissioners were looking over ac-
counts and preparing for settlement. The
moneys in my possession were received from
tax collectors, municipal courts, Justices
clerk of courts, etc. 1 was receiving constant
ly these moneys. 1 put them in the safe 1
paid out moneys for numerous items. When
ever L received checks, would deposit in the
bank. There were 81 900 in packages in the
safe, which had prepared especially for the
payment of bills Jan. 1st. Don't remember
what time went into the office in the fore
noon of Dec. 30. Mr. Mcclellan was the only
man that 1 rember as being in during the fore,
noon. requested two of my bows to come to
the office after school to go home with me at
night. | lived then in the back part of the
city. My wife said she would come down. and
L expected her. l went directly to my office |