The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-05-01

alleged robbery. Coming down the rear stair
way saw Mr.. Pennell there talking with an
other gentleman at the foot of the stairs near
his door. When 1 came down they stepped
back out of sight Went out of the building
and walked down Oxford and Myrtle streets;
when reached the police station the clock
struck six. Saw afterward on the street the
man that was with Mr.. Pennell. He was
walking rapidly. Saw another man in the
corridor standing near the boards where the
liquor notices are posted up. Went finally to
II Oxford street. Did not hear of the robbery
until | was returning on the midnight train.
Did not know the men in the corridor. Had
known Pennell for 20 years. The carridor
was dimly lighted. Iron door was opened. The
men were. in the act of turning away from
the Office door.
CRosS-EXAMINED.
am not frequent visitor at the courts.
Never was charged with setting fire to my
store. Have never kept this matter secret.
Mr.. Pennell,
recalled. Was not present, nor did I talk
with any person outside of my office door any
where near o'clock. Didn't see Mr. Oxnard.
On my quarterly settlement, l always fur
nished the evidence of my payments to the
commissioners. They made check marks up
on my books. 1 heard of the examination of
my books very soon after they commenced
l offered to furnish vouchers and assist them
materially in the examination. One time did
not have an opportunity given me to examine
or correct the books. had all the bills re-
ceipts, &C., tied up in packages, each contain
ing the quantity of vouchers. saw This pile
of papers in the treasurers office before lleft.
Witness given Mr.. Codman'S memorandum and
his attention was called to the items of Cross
man, Crockett and Others (which the expert
said, bore no evidence of ever having been
paid. Mr.. Pennell explained in reference to
them according to his recollection of them.
He stated he had no doubt but all these
items had been paid, and in many of these
cases he had procured vouchers to prove their
payment. In all of the cases he thinks if he
had had the opportunity he might have pro-
cured vouchers. If the robbery had not hap
pened he should have marked all these bills
paid" Witness explained he kept the pay
ment OF witness fees on separate paper. He
often paid batch of witness fees upon the
promise that afterwards that the persons would
come in and sign the book of vouchers. Mr..
Pennell also explained in reference to the
double charges; how that through a misun-
Outstanding of his clerk the items got recorded
twice upon the books although the charges
were paid only once Not an error in the book
erence to the statements Of Mr.. Mayo never
had 500 bond in my life, and never told him
so. Ii l said when l saw the men who had
been arrested Somebody has been solo, l
meant they looked not at all like the persons
who attacked me. In reference to Mr.. Robin
sons signature he couldn't remember the Incl
dent, but was positive he (PennelD didn't
sign it.
CROSS EXAMINED.
sometimes paid money without taking a
voucher, and run my own risk on the matter
Men were arrested on my own description.
CROSS EXAMINATION OF MR. oxNARD RE.
SUMED.
Have lived in Lewiston two or three wears:
never heard any question raised as to the burn
ing of my store; had law suit and recovered
my insurance: used to trade at Pownal; there
my neighbors in that trial l figured in the
case of O'Brion VS.. McGlinchy; recovered In.
Surance, interest and costs referred to.
Mrs. Mcclellan
recalled and corroborated testimony of Mr.
Pennell in reference to double charges That
is, Mr.. Pennell instructed her to pay witness
fees but not record them on the cash book By
force OF habit she had recorded Them and thus
follows the double charges.
The testimony given in the case today has
been exceedingly dry and uninteresting, and
the occupants of the court room have been
browsing all day. So complex and multifari-
GUS were the items of accounts passed through
that we think the minds of the jurors must
have been overburdened to that degree that
they ceased to comprehend the proceedings.
Interest now seems to center on the closing
pleas, and more especially on the charge of His
Honor, Judge Walton, who has presided with
so much dignity and impartiality in the case.
The testimony was concluded at 43O this after
noon. The arguments will commence at eight
O'Clock tomorrow morning, and the case will
probably go to the jury at noon.