The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-11-04
SUPREME JUDICIAL COURT.
WALTON j. Presiding.


TUEsDAY-John Winslow JONES' appellant from
decree of Judge OF Insolvency vs. First National
Bank ct ais.
The decree from which the plaintiff In this case
appeals denied him discharge from his. debts,
and was based on Revised Statutes, chapter 20,
section 46, which is as follows;
"a discharge shall not be granted, or if granted
be Valid if the debtor has sworn falsely, or if he
has concealed any property, books or papers re-
latng to his estate and business, If, having
sonable cause to believe himself inSoyent or be-
ing in contemplation of insolvency. he has within
four months OF the issuing OF the warrant paid or
secured directly or indirectly in whole or in part
any borrowed money or pre-existing debt or any
liability of his or for him. or if he has caused his
effects to be attached or If he has destroyed, al
tered mutiIated or falsiied any of his books doc
uments, papers, writings or securities, or has
made or been privy to the making of any false or
fraudulent entry in any book or account, with III
tent to defraud his creditors, or to give prefer
ence c0ntraryto this chapter, or has removed or
allowed to be removed any property with like
intent, OF has made any payment, gift, transfer,
conveyance, or assignment of any part of his
property, or if, having knowledge thai any perso
has proved false debt against his estate, he has
not disclosed the same to the assignee within 80
days after such knowledge, or it, being a mer-
chant or trader, he has not since March 20, 1878,
count And discharge is null void if the
debtor or any person in his behalf has procured
the assent of any creditor thereto by any pecunia
ry consideration promise of future preference
Judge Walton ruled that the burden of proof
was upon the defendants, who are the creditors of
Jones, and that therefore they were entitled to
the opening and closing of the case. The issue is
presented TO the jury in the form Of the following
questions of fact deduced from the specifications
passed upen by Judge Peabody of the insolvency
court.
Ibid the said insolvent fraudulently and will
fully omit from the schedule Of his assets filed in
conceal from the assignee Of his estate in insol-
vency note of one A, II. Benson, dated January
A. 1878, for the sum of S264.2S with intent there
by to defraud his creditors, and to prevent the
same from coming to the knowledge and int the
possession of his said assignee.
~ cafh n md Wi
omit from his said schedule and fraudulently and
wfully conceal from said assignee, a certain
Winslow Jones CO.. owned by him, of the par
value of SO, with intent thereby to defraud
his creditors, and to prevent the same from COM
ing to the knowledge and into the possession of
his assignee.
3.-Did the said insolvent fraudulently and will
fully omit from his said schedule and fraudulently
and wilfully conceal from the said assignee GER
tain sum Of money standing in his name and to
his credit in the Maine Savings Bank in Portland,
in said county, to wit: the sum of $105.74.
4.-Did said insolvent frauduiently and wilfully
omit from his schedule and fraudulently and will
fully conceal from his said assignee a certain
claim and award of referees in his favor against
one j. B. Lincoln of Boston for goods sold to said
Lincoln by said insolvent, amounting to about
$500, with intent thereby to defraud his cred-
tors and to prevent the same from coming to the
knowledge and into the possession of his assignee
Sid said insolyent wilfully and fraudulently
conceal from the said assignee and from his cred
itors certanlbooks relating to his estate and bus
mess, to wit: the ledger cash books and journals
OF j. WlnSlOW Jones " Co., limited, OF 1851 ana
1881, with intent thereby to defraud his creditor
and to prevent the same from coming to the
knowledge and into the possession of his said as
Odd said insolvent fraudulently and wilfully
conceal from the said assignee and from his cred
itors certain papers relating to his estate and
business, to wit: the letter books in which were
copied letters written by him in the year 1883
in the months of January, February, March and
April in the year 1884 and press copies Of letters tiers
intent thereby to defraud his creditors and to
prevent the same from coming to, the knowledge
and into the possession of his said assignee.
Ibid said insolvent, being a merchant and
trader at said Portland from the first day of Janu
airy, 1888 to the 10th day Of May 1884, fail during
book or other proper books of accounts.
Sid said iHsolvent in the course of his ex-
animation in said proceedings in insolvency know
ingly and falsely swear in a material matter that
he did not know what had become of the books of
the J. Winslow Jones & Co., limited, and that they
did not contain any account OF his own private
9~Did said insolvent knowingly and falsely
swear in his said examination in a material matter
that he had no private business of his own from
the time of the failure of said J. Winslow Jones q
Co., limited, viz: on or about the first day of
January 1882, to the time Of the commencement
of these proceedings in insolvencyviz: on the 18th
day of May, 1884.
io~Did said insolyent knowingly and falsely
swear in material matter in the course of said
examination that during the years 1882 and 1883,
and that part of the year 1884 which was prior to
the commencement Of sad proceedings IN IN.
letter press copies OF letters written by him, or
copies of such letters.
iiNDid said insolyent fraudulently and will
fully omit from his said scheduIetwo notes signed
by F. G. Davenport dated Jan. 10, 1872, and
Nov 20, 1877, for the sums of $500 and S267.25
respectively in the intent thereby to defraud
his creditors and to prevent the same from COM
ing to the knowledge and into the possession OF
his said assignee.
omit from his said schedule a certain paid up
policy of insurance on the life of one F. G. Dayen-
port issued by the Connecticut Mutual Life In
surance Company, and bearing date Sept. %.
1877, for the sum of 81 800, which had been be-
fore that time assigned to said 1nsoyent with in
tent thereby to defraud his creditors and to
prevent the same from coming to the knowledge
and into the possession Of his said assignee.
13.Dd sald nsolyen5 ifanadeh f ana WIiny
wllfully conceal from his said assignee certain
policy of life insurance on the life OF f. G. Dayen-
port, in the Connecticut Mutual Life Insurance
Company dated Sept %, 1877, for the sum of
$3.50, together with an assignment of the same to
him, with intent, Thereby to defraud bis credit
knowledge and into the possession OF his said as
sgnee; .,.u
the jury, and the opening statement of MI. Holmes
occupied the forenoon.
AFTERNOON SESSION.
Seth L. Larrabee, Register in Insolvency, called
by the attorney for the creditors testified, identi
flying records and fixing certain dates, as follows:
The petition was received May II, 1884. War
rant of attachment and injunction was issued May
II, 1884. The warrant was returned May 26.
The warrant to the messenger was dated June 16,
1884. The list of assets furnished by the debtor,
was filed July 10. There were two applications
for an examination of Mr.. Jones, the first was
dated Dec. /, 1884, asking for an examination of
the debtor Monday, Dec. 8, and the order of the
court was that summons issue to him as prayed
for in the petition. The second application was
made March 10, 1885, for an examination to be
held March IL, and the order was that summons
issue to the debtor as prayed for. The bond of
the assignee was filed July Is, 1884. The date of
the assignment was July 7, 1884. The assign
ment was issued to the assignee on the approval
Of the bond, July 10, 1854 The date Of the cleo
proval by the court is July Z, 1884 Application
for subpoena to aesss bs ppde cage p fe
examination was July II, and the time of exami-
nation July 49, 1884.
ord of the examination of the appellant, John
Winslow Jones' signed and sworn to by INN and
certified by Judge Peabody. The readlng occu-
pied the residue of the afternoon, ana was not
concluded at the adjournment
Libby, with Holmes, for creditors. -,
Hadlock for debtor.