The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-11-07

all the information l was possesses oS ~ sn my
counsel When swore to y IN relation to my
PooSu Sney ttars suggested TO counsel the pos
sibiIity that / had omitted sometnlng,d u tnag a..
onuid nor remember everything In regard 70 Dus,
Ho ea y. had very little memoranda to depend
mon and it was a good deal by memory. MY
counsel notified me that when petltlonea ioI my
amend my schedule and put in afterwards what
ever might find necessary to be in or important
To put into the schedule, If anything should be
found. i discovered other matters and put them
into the schedule The stock of the j. Winslow
Jones Company had no value at the time made
my schedules. l have included it in my amended
schedule. The reason l did not include It in my
first schedule was that did not consider it worth
anything, and did not think it was in my hands;
had no recollection of it at the time. think |
have not seen the stock since May l6, 1854 l
have produced all the letter books in my posses
sion used by me prior to May 16 1884, relating 70
my business transactions so lar as they were
under my control.
Cross-eranaination.
The book shown me- think is the book saw
in Mr.. Lbby's office. / believe MI WeDD nau
some labels put on the corn tnas t Mas
ed by me. don't know by whom. l4io nm II
he could get some labels and put on the corn L
Thought could sell it for him. don't know how
Webb came in possession of the labels. did not
furnish the labels. did not say that had moth
ing to do with furnishing them. told Mr.. WEBB
could get certain labels. / think the labels were
in my possession was doing business at the OF
flee Of the Winslow Packing Co., had contract
with Mattocks at the storehouSe.
Libby-I have not asked you about that.
Witness-I can't answer BY yes or no. 1 was vas
same Office with the same goods, and was al
lowed to go the storehouse and take anything that
pleased, and account for it, and my clerk Jhat
tocks who pretended to have charge OF the Wins
low Packing Company, and the books of j. Wins
low Jones & Co., Limited.
Mr. Libby-Ths is not responsive.
Court-It doeSinot appear TO be.
Witness-I do not know how can explain UNI
less am allowed to tell the facts. had not ans
Wered the question That transaction led to
suit against me in the Supreme Court That was
the suit of the Winslow Packing Company vs.
John Winsow Jones and VIM. f. Horrie for an
Injunction for violation of the use of the trade
mark. was not enioined in that suit. The ac-
count Of this beef and mutton was Kept IN lobster
Part of the accounts were kept there and then al
ter the books were delivered | don't know what
books they were kept on; haven't seen them
since the insolvency business; l didn't keep the
books; books delivered to Mattocks in spring OF
1888.
Company have any interest in the business which
you were carrying on in packing that beef and
mutton?
that had from them from time to time. MattockS
or the Winslow Packing Company had no interest
in the Alderdice lobster business further than as
permission from me to allow them to go on with
their business and not Interfere with them. |
have not turned over to the assignee any memo
randa or books relating to the sale OF TINS corn
for mother and brother prior to May, 1884 That
business was done in my name. ! claim that that
business was not done before May 16-not posi-
tive. That transaction amounted to something
like 400 or 500 cases of corn, my impression. My
labels were put on that corn.
Redirect.
Alderdiee did have to dowith thebeef andmutton
business. 1t was carried on in the same manner,
as trustee, as the lobster business. made pur-
chases in my name for Alderdice, trustee, because
| could not buy in his name Alderdice sold the
beef and mutton. Part of proceeds OF corn sold
paid to mother, part not paid. | made draft
for it. The labels on mothers corn were John
Winslow JONES' had them printed about the
time sold the corn; don't know whether before
or after June 16. made charge to my mother
for those labels. We have the account at home.
Aiderdice business was kept were turned over to
Mattocks. | requested Of him the privilege OF
looking them over and was refused / have not
to the Alderdice business, including the beef and
mutton. did not carry that business on as my
Odd you have control of those books your
Al did.
A.-Alderdice, trustee, had control of them.
meant that managed the business or managing
agent for Alderdce, trustee.
Question by C0urt-They were in your posses
sion and control
Ayes knew acash account was kept in
and proper books of account. | presume Mat
tocks has the books. The proof of debt made by
Perkins and Newall $50. 80, relates to some corn
referred to by J. B. Webb, presume.
Redirect.
did not recognize nor pay the bill 1t does
not belong to my estate TO pay.
Re-cross.
When was requested to examine all the proofs
of claims against me in the court OF insolvency II
reference to pointing out my objections
against it, l do not remember that made any
objections to this claim.
Redirect.
l do not remember of examining this claim.
never had the corn and never had anything TO &c
Court-You never had anything to do with it,
Ain one sense never had it in my posses
sion. The can was labeled by Webb. | never
saw it. Some of it was put aboard the cars. An
injunction served Oh account of using WinSloW
Packing Company's labels. The corn never was
delivered to me- was to have it. did ask
Webbsto getme certain lot OF corn
Re-Cross.
Q.-Did you furnish the labels, that were put o.
to this very lot of corn and which are charged IL
Al undertook to tell the facts of that and was
| stopped. / am not going to give any testimony in
this case without can give the facts in relation
| to 1t.
Odd you furnish the labels that were put on
to this corn bought through Mr.. Perkins OF Mr.
Perkins, the use of which was finally enjoined.
Al can't answer that question unless / can
tell the facts in regard to it, 1t is not question
that can answer by yes or no. That is the bes
answer can make. | do not know anything
about the labels being taken off.
Creditors Resume.
Charles P. Mattocks produced three books which
he testified were all the books relating to the bus
mess carried on by VIM. II. Alderdice, trustee
that were turned over to him; that they were
delivered to him about Dec. z, 1882; that the lat
est business transaction recorded on them was II
| December, 1882; that they contained only ONT
item which could refer to thespacking of beef o.
mutton in the fall OF 1882, or the spring of 1883
and that item was in relation to tin sold by the
| Winslow Packing Company to Jones in Novem
fact that Jones was carrying on the beef and NUT
ton packing business in the fall of 1882, ant
| spring of 1885, that the Winslow Packing Co
| had no connection with that business.
John i. Best testified that when he sold Jone
beef in the fall of 1882 and spring of 1885, he dit
/ the business with Jones personally.
| Josiah b. Webb testified that when Jones asked
| him to purchase the corn for him EwitneSS asket
| what label was going onto it and Jones said tn
| Globe labels, and that he had right to use then
| and nobody else had that Jones agreed to sent
the labels to be put upon the cans that Jones at
| forwards told witness that the labels had been de
| livered at Cumberland Mills and would go Il
| White Rock to witness.
Testimony closed at one O'Clock.
| Mr.. Hadlock began his closing argument for TIN
| appellant at the coming in of the court at O'ck
| and spoke until 5. Mr. Libby occupied the re
manning hour of the session and will conclude hi
| address to the jury Saturday morning. 1t is ex
pected the case will be submitted to the jury be
| fore adjournment Saturday noon.
Hadlock for Jones.
Libby with Holmes for Creditors.
l