The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-09
THE w1Nshow pACKrNG co.
Important Equity Suit Hearing ina the
Case of j. WinsiOw Zones ct al. VS..
Charles r. RsattocIs Third Day.

Charles r. RsattocIks Third Day.
Thursday morning, Nov. S.h, testimony of
Frederick Jones, resumed.
Mr.. Libby closed his first cross examination
by the general question, Do you know any
facts in connection with these accounts, or the
transactions of Mr.. Mattocks with the Wins
low Packing Company, that give any color 10
a charge Of any misrepresentation of funds on
his part.
Al do not.
Mr. s. G. Strout objected to the question at
ter it was answered. After some discussion,
the judge allowed the answer to stand.
REDIRECT.
Examination resumed by Mr.. Gage. The
witness produced a copy of the continuation
of the account of Mr.. Mattocks with the Wins
low Packing Company TO date of Nov. Z. The
last credit on the old account produced yester-
day, was Sept. 10Th. The sum credited to
Gen: Mattocks, on this new account for COM
mission on Endorsement of notes is S763 IS.
The amount credited for commission CD sales
is S3,6l2.03. The commissions gave yester-
day were on corn, not Holsters These CON-
missions are on goods Sold not ON goods deliv-
cred There remain unsold goods belonging to
the company, to the amount of $79,70S. The
total pack, including beans and pumpkins, is
ABOUT S44o.99o. OF which $9,250 is for pump
KIDS and beans. The balance on this account
is IS, 1860, debited to Mattocks. The com
missions for iDdorsing was on notes. a portion
of them given to Thurber & Co., and several
other parties notes to the Winslow Packing
Company, and negotiated by them. 1t would
also include drafts drawn on time so or 60
days, for which no notes were given. These
drafts were drawn by the company and indorsed
BY Mattocks. The rate of commission on them
was one-half OF one per cent. a month No
commission wasecharged on drafts in 1882.
Inc me total OF Thurbers advances in 1883 is
$39l COS ~, few bills estimated substantially
cash. OF this there has been repaid
$3.50, 4l4. This is the amount of goods for
which drafts have been sent without deduct T.
ing for interest on time drafts sent him. The
price charged for portion is unsettled. That
amount including cash, drafts, and goods
shipped to Thurber & Co. on their account
The goods sold to Thurber & Co. by the
Wlnsiow Packing Company amounted to $685.
900. Not all OF this is included in the $685.
"a; Sl4 ATT 20 is included. The total sales Of
$55, goo were all made at the same time; I
think as early as February or March, 1888.
In addition to original amount of $55,50O of
succotash, Sl227.20 was sent that covers all,
l rendered Thurber & Co. on account
advances for 1883, $107,594 81. Payments to
Ihurper have been made by sales which I
have stated and the balance In cash and
drafts The Thurber Co. pay the rates which
we give to them and return the notes to ns
The notes are of the denomination usually of
about $4,000. w o send them drafts on the
parties buying which they use to pay the
noses. we have not notes returned to the
amount OF the shipments at present. We
have them returned as they became DUE I
think all the notes which have become
due have been returned to us
py Ihurber Co., except perhaps one. Notes
nave not been given for all the advances by
mem; Drafts Tor which no notes were given
nave been returned to the amount of $780, 900
100000 of which were sight drafts, 100000 on
thirty days. Notes were returned to the value
OF S56,245 OF. So / make return to us on
account OF our drafts and notes for the Thur
per advances this year, $196,24 81. The
paiance OF tne notes and drafts are still out
standing. The advances on the lobster bust
ness were between $96, 600 and 1891, 900. They
nave not been quite repaid yet Some goods
are in transit now that we have not had the
proceeds OF yet. The advances are about paid
II tnlnk. All the notes have been given up
tnat nave been given on account of the lobster
business.
Mr.. Mattocks-There was a profit of about
10000 on the lobster business. / know better
about it than he does. He worked ali night.
but has not been able to get the figures for YOU
Witness-The Winslow Packing COMPANY
had for interest in 1882, $12,l69.3I.
Plaintiffs COUNSEL also offered in evidence
several original accounts of Thurber & Co.,
rendered to Mr.. Mattocks, which had been
loaned to them by Gen. Mattocks. Mr.. Mat
tocks objected, and said:
wish to state to the court that I never
did render that paper in any way as an account
between myself and the old property, or myself
and the Winslow Packing Company. II T
loaned that paper to Mr.. Gage, it would be
Just as If l had loaned him my bank account
ior July last. 1t was not loaned to him as be-
ing any part OF my accounts between myself
aud either of these concerns. I can saw frr
ther that l did give them every thing they
nave asked me for, I think, until stopped BY
my counsel,
Judge Virgin ruled that the paper should be
admitted de beae esse, and stated that he
would enjoin its publication.
An account OF the debentures was offered III
evidence by the plaintiff, the counsel stating
that 1t had been furnished by General Mat
tocks.
Mr.. Notwithstanding has been fur
Mr.. S. G. Strout-Yes; we are acting unon
your thunder entirely.
Mr.. Mattocks-And you will find it pretty
goq 90 thunder before you get through with it.
Anls hst, showing the location OF the deben-
ture bonds, the holders, &C., was excluded un-
der defendants objection.
AT this point the court adjourned until 8
o'clock.
AFTERNOON SESSION.
The witness. Frederick Jones, resumed the
stand, and was re-examined on his figures by
Strout & Gage, after which Mr.. Libby re-
sImed crosS-examination as follows:
Gross Examination resumed by Mr. Libby.l
Y. Was the money for the lobster business this
year raised on the Winslow Packing Company notes
Endorsed by Mr. Mattocks, or on Mr.. Mattocks notes
alone. -'e'e'
A. On Mr.. Mattocks' notes alone.
q. Who conducted the lobster business last wear
A. William II. AIderdice trustee.
Y. Was it a success or a failure.
A. / do not think it was much of a success.
@. Who superintendent the business last wear.
A. j. Winslow Jones.
O. Did Mr.. Mattecks have anything to do with it,
A. Not last year.
@. Do you know how much short that business of
last year is. ''-''' 'N1'-'''' u
A. could not tell about that The accounts
have not been settled I think
q. Your attention has been called to an interest
account; was this made up by direction of the com
psny In adjustment OF the note and interest account
OF Mr.. Mattocks.
A. It is just as it stands on the books today; it
has not been closed up at all.
O. 1t is for this season.
oh a. Yes and 1882 interest; the account was
charged on 70 profit and loss.
Y. LIS TINS rental account that has been referred
DO more nan enough to cover the repairs and
charged up to the first of March last wear.
A. should think not much more. if any.
90 AT Inc pme the company bought the s24, 900
rowed from Mr.. Mattocks $26, 900 worth of like
which he held for his protection on the
Aaulutlss uuat ne assumed. Is that so.
a. Ihey had up to that time.
When the company bought these debentures
OF Mr.. Putnam he did not turn them over to the
taken up and liberated some of his other bonds
which you held at that time s0N'
A. About that time
Y. In order to raise the money on these deben-
lures that you bought of Mr.. Putnam were Won NOT
obliged to have Mr.. Mattocks put his name on the
ho.es winch you gave with them as collateral.
O. Is not he liable to-day on the s24. 600 worth
were sold to you.
A. Yes.
Q. And in addition to that, you hold of his bonds
winch belong to him as his Security some $4,000
A. Yes. f'
@: That is the company has used them to raise
funds for its own purposes
A. Yes.
O.. Referring to the statement in the bill that ON
the nrst OF January, 1888, there was due from Mr.
n attocks to the company the sum of TWENTY-FIVE
thousand and some odd dollars, a matter of fact
~ mat Time did not Mr. Mattocks hold some $12,-
Joo worth OF the company's notes which fell due
Immediately after the first of January and were
Then charged off to the account.
A. He did. The notes were due soon after the
FIRST. ~ 'e
@. Did he not also at that time hold title to the
canton and Buckheld factories security for sums
which he had advanced for the purposes Of the com
mand by an agreement with the company, to the
amount of $4,000. = '--o
5. g. Strout. object to the question If there
was such an agreement should like to see it.
Q-Well; did Mr.. Mattocks claim that he was en-
titled to receive this.