The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-05-01
BY TELEGRAPH.
THE PENNELL CASE.
The Testimony all Put In.
ARGUMENTS TO BE MADE TO-DAY.
Especial Despatch to the Press

Especial Despatch to the Press.1 eli
AUBURN, April 3O.-Court opened at the
usual hour, and J. B. Gotten, Esq, Immediate
ly proceeded to the
CROSS EXAMINATION OF GEORGE C. GOODMAN.
1 commenced the first of May, 1875. to ex-
anime the treasurer's books; Mr. Townsend
engaged me for the commission to make the
examination. / pursued the investigation in
the county commissioners room. Mr. Town
send furnished me all the books and papers
that used, and don't recollect of any one else
vestigation 1 asked for no other books relating
to the transactions for the two years in ques
ton than those now in court. Mr.. Pencil
might have come in the first Or second day;
don't recollect that Pennell asked to see any
books or papers, The transactions at former
trial were fresh in my memory, and whatever
statement made at that time were undoubt-
edly correct. Refreshing his recollection from
his printed testimony in the former trial wit,
ness said: Pennell requested to see the docu-
ments Mr.. Townsend answered him that if
he (PennelD was wanted he would be sent for.
The county attorney was not in the office while
Mr.. Pennell was present. To my knowledge
Pennell made application to the attorney for
permission to examine the books; attorney
answered that he must treat the case as he did
all others. Pennell was not allowed access to
the books during the investigation. I was not
especially instructed not to allow Pennell to
see the books, but assumed such to be the
desire of the commissioners; did not call on
Mr.. Pennell for vouchers; did not seek person.
ally for papers from persons otherwise than
the county commissioners. I classified the
errors into three classes, viz: errors of every
description on the journal, errors of vouchers
not signed, and errors of vouchers signed but
not charged. I have made no mistakes in my
report of investigation. Mr.. Townsend, the
commissioner, assisted me in this investigation
He made some checkmarks in the journal; I
examined personally every item.
Here followed a very lengthy and tedious
examination of the expert on the various items
of errors tabulated in his report produced in
the trial. Mr.. Goldman did not respond to the
questions in clear and distinct manner, so
that much of the examination was perfectly
blind and void of understanding except to the
counsel and his witness The object Of the
questioning seemed to be first that where errors
apparently occur on the books of vouchers
they were not in fact errors, at least not will
full errors. on the part of Mr. Pennell; second,
that the different handwritings in the items
recorded had an important bearing upon the
case; third, where two items enclosed in a
bracket and signed by one person appear that
this is not an error; fourth, to prove that
where many evident errors appear they are
corrected on the cash book; fifth, that where
vouchers are not recorded ,have, in fact been
paid as indicated by marks cpd" and Cpd by
Order" and should not be included in the
claimed amount of errors, and other points of
Mr.. Cotton had thoroughly acquainted him
self with the books, and under his sharp and
forcible questioning the witness was some
wha tconfused and could not answer readily.
Witness acknowledged he did not at all con-
slider the handwriting of the various records,
nor did he inquire for any explanation. He
stated that he had no authority to decide upon
the payments of Mr. Pennell, only as to their
appearance, so that he didn't consider his
memorandum as criterion of the amounts
that have baan have mt hpnn maid nv Mr.
Pennell.
As an illustration of points gained in the
croSS-examination in reference to the various
items, here is Beal Foster charged with &c.
IS, which should have been $16.12, as witness
found in original jury bill. The original entry
was apparently corrected on the cash book.
Another case is that of David S. Crockett,
credited with 1912, which was iacluded in a
bracket with another name. Opposite the lat
ter name was a signature. Witness testified
he took no notice of the bracket, but consider
ed it meaningless.
Another case, of Charles Crossman, credited
with $4.05. Found the name of Ephraim
Griffin opposite this; but witness considered it
not voucher, and figured the amount in his
errors. He was unable to state the amount of
items authorized by the County Commission
ers, but not vouched for at all. Suffice it to
say that by the cross-examination the amount
of errors were really found to be less than $500
in Mr.. Pencils favor.
REDIRECT.
had access to all papers. books etc., con-
tanned in in the Treasurer's Commissioners
and Clerk of Courts offices, in making UP nv
statement. Attempted to trace the entries to
the orders unsigned, but found them in such
disorder that gave the attempt up Where I
found an order the amount is not included in
my schedule. Where l found the word "paid''
L assumed that they were not correct and car
ried the items forward in the list of errors. In
three cases did not search for vouchers or or
r = H.
der" l. assumed it was correct and left it.
Edward P. Mayo
of Skowhegan. testified: In 1874 was city edi-
tor OF the Portland PRESS. / had an inter-
view with Mr.. Pennell at his house on two oc-
casions after the robbery. He stated to me
that he had lost 800 from his pocekt-book;
that $1,000 of county bonds had been stolen,
and five $40 bonds. This interview was the
day following. Saw him in bed. Asked him
about the bruises. He said they had struck
him upon the head. l examined the bruises
Saw cut and discoloration. Didn't examine
closely.
CROSS EXAMINED.
Made report for the PRESS of the alleged
robbery in the issue of Dec. 31st, headed
Daring Robbery Cleaned the matter from
various sources Marshal Bridges gave me
the fact that the appearance of the safe was
that over $4,000 in bills and bonds had been
stolen Got the fact that the robber resembled
the notorious 'Scotty'' at the police station
Got the fact that the bruises on the side of the
head resembled one which might be given by
a sand-bag probably from the police station.
Called at Mr.. Pencils house JAN. 18th. He
refused to give me certain information in
regard to the investigation. 1 published
statement in reference to the matter. Mr..
Pennell and [ had no personal trouble about |
this statement.
REDIRECT
The facts 1 published about the requisition, |
etc. made up from statements of Mr.. PEN |
nell, and reports current upon the street. /
Requisition was granted Saturday and the |
statements were published Tuesday following. |
CROSS EXAMINED.
Couldn't say where got the facts in refer |
ence to the discovery of the vial bearing |
Boston druggists label under the window of |
the treasurers office.
REDIRECT.
Didn't attempt to verify reports flying upon
the street that night. did not publish any
thing but the facts gathered from Mr.. Pennell |
in my subsequent.
The bank account statement; stub of the |
check book; one receipt and notes given by |
MIR. Pennell to bennett, were introduced in |
testimony.
AFTERNOON SESSION.
John T. Oxnard
of Freeport; business farmer. Was in attend |
ance at the Supreme Court on the day of the |