The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-11-06
BEFORE JUDGE WALTON.

THURsDAY.-John WinsIow Jones, appellant
from decree of Judge OF Insolvency, vs. First Ma
tional Bank ct ais.
Mr.. Holmes read the schedule hled In the lnsol-
yency Court by Mr. Jones.
Mr.. Libby called the attention OF the jury to
several items in the books, showing that the ac-
counts of Mr.. Jones were settled up in the books
of j. Winslow Jones & Co., Limited.
Mr.. Hadlock stated that there was no dispute
as to the fact that the affairs of Mr. Jones were
covered into the books of j. Winslow Jones & Co.,
Limited
fed that as messenger of the Insolvency Court he
went on the 18th of June, 1884, to Mr.. Joness
office, read his warrant, and demanded his books
aud papers, and that Jones refused to deliver any
books or papers, and witness did not get any.
Edwin A. Leighton, constable, testified that he
presented written notice, signed by Mr. SyiveS-
ter, to Mr.. Jones on the oath of November, 1884;
that Jones notified him to see StrOut Gage &
Strout stating that they had all his books and pa
pers; that he did see those gentlemen, and they
said they had no books that the notice covered;
and that he did not obtain from either party any
Lyman Walker testified that he was in the EN-
ploy of Jones from November, 1882: to June /,
1858, canning beef and mutton at the Riyerton
factory in Deering, packing about $4,000
pounds during that period; that Jones paid his
wages; that the Lilly brand label was used on
some of it; that the goods were prepared for ship
ment at that factory under WITNESSES direction !;
that there were rs or 80 hands employed at times.
On cross-eXamnation, the witness stated that
he commenced this business about Nov. 22d; that
he kept no regular books at the factory, but kept
memoranda of the business; that Mr.. Alderdice
was not connected with the business To MS kDOWl-
edge that they used some one pound lobster canr
for beef in the latter part of the season. that
some lobster cans were made there in 1882.
Edwin f. Stafford testified that he was frequent
ly in J0neS'S Office in March, April and May 1884,
and conversed with him as to the business Jones
was doing; that Jones stated that he was getting
out new label for corn, and that he soon after
wards did so; that he saw circulars in J0ness of
fce similar to one produced in court bearing the
name of John Winslow Jones, and dated May l,
1884, relating to the sale OF new brand OF corn;
that MI. Jones's clerk was addressing them for
the mail; that during that spring Jones talked of
forming new company with capital of $780,
000 to carry on the canned goods business, to be
called the j. Winslow Jones Company. to which
company Jones was to turn over his private bust
ness; that he saw Mr.. Horrie copying Jones's let
tiers, from time to time, during that spring.
Joseph A. Burr testified that in 1888 and the
early part of 1884 he was employed by the Wins
low Packing Company in their Commercial street
Office; that Jones had desk in the office; that
witness frequently copied letters in letter press
book at Jones' request; that the letter press book
was in the Office when witness left in March, 1884
and was used by Jones up to that time; that that
letter book was different one from that used by
the Winslow Packing Company.
Josiah II. Webb testified that in March, 1884,
at Jones' request he purchased one thousand cas-
es of canned corn for him from Mr. Newall of
Windham, and from MI. Perkins of Portland
that Jones stated thai he had an order from San
Francisco and one from Portland, Oregon, each
for 800 cases.
VIM. p. Horrie testified that he had been con-
nected with the canned goods business for the
last six or seven years with Mr.. JONES' tnat he
was employed in the office on Commercial street
where Mr.. Jones had his desk during the year
1888 and until July, 1884; that he was in the EN-
ploy of Jones from some time III April, 1884 until
he left in July; that prior to that time he was in
the employ OF the Wnslow Packing Company
that after Mr.. Burr left the Office Mr.. Jones and
the witness were the only occupants of the office;
that Jones was writing letters there during 1883
and prior to May Is, 1884; that he kept letter
press copies in a book of such letters as he wrote
there; that that book was in use up to the COM
mencement Of these proceedings, May 16, 1884
that witness frequently copied letters for Jones in
the letter press book; that some of them related
to Jones' business transactions; that witness had
knowledge of shipments of canned beef and nut
ton to parties in England and Scotland i'll 1882
and the early part of 1888; that witness had nc
doubt the correspondence relating to those ship
nents was copied in the letter lpress book; that
witness took the letter book with other books and
papers to the office of Strout Gage & Strout
couldn't say who the party was that gave hin
orders to do so; Jones and the above named
counsel were all present in the office Of Strout
Gage & Str0ut Fred Strout one of the partners
went down to the Office with witness and assisted
him; couldn't fix the time but thought it was the
latter part of May or the first of June; it was be
fore the 10th OF June, perhaps two or three
weeks; it was before Sylvester came down there
when the partners were all togetherin the office
of Strout, Gage & Strout the question came uI
about the sheriff going into the office and they
wanted to get the books and papers, if there was
anything down there that it should be taken care
of witness offered to take care of them and to
take them to his house.
Question by Court-For what purpose?
Witness-Concealment suppose.
Question by Court-SO that the messenger could
not take them?
WitnesS-That is what understood to be the
Witness and Fred Strout left the law office be-
tween and O'Clock the afternoon, went down
to the Office by different routes, and packed up
what they considered necessary, and made them
into two or three bundles witness and Fred
Strout left the office by different routes, agreeing
to meet at the Falmouth hotel, not deeming it adj
vsable to take the books to Strout's office think
ing the sheriff might be there; that Fred Strout
left witness at the hotel and went to his Office and
came back and reported that the parties WERE
there and they could not 90 there at that time
that they deposited the books in the cloak room
at the hotel, in charge of a young man, and went
to the billiard room and played till or O'Clock
and then took the books TO the office of Strout
Gage & Strout, and left them there. Subsequent
ly witness inquired of Jones about the letter book
Jones said he supposed it was at Strout's Office
where it was left, and witness went there and saw
It In the vault, where it was the last time witness
saw 1t. Shipments of corn were made by j. Wins
low Jones in May, prior to the 10th of that month
to Dilworth Bros, Pittsburg, Pa. There
al form. The draft was on three parties, and sent
to the Howard National Bank, Boston, for collec-
ton. This witness was cross-examined at consid-
HerbertM. Sylvesterwas recalled, and testified
ldentlfylng the Benson notes, and produced the
Davenport notes, etc. He collected at the saw
i lgg4 bank on '0n'ss bank book s1O5.74 Aug 3D.
On cross-examination he testified that he had
partially disposed OF the estate of the insovent,
the schedule OF which came into his hands, dis
posed of his interest in paid-up policies according
TO tneiT present worth, sold his right, title and
Jones s Co, Limited, and ali the things that came
TO him by the schedule, for which he received
$4,000, sold to Isaac w. Dyer; $4,000 Of the mon,
ey was paid to Strout Gage g. Strout that he had
as assignee. dismissed the suits against Gen
Mattocks some time last fall.
Frederick Jones testified that lie was book
keeper for the Winslow Packing Company in
1883 and spring of 1884 on Commercial street,
and that Mr.. Jones had clerk there; that he
wrote letters and copied them in letter press
book; the book was in the office when the witness
left, in February, 1884 saw both Burr and Hor-
RE copy his letters.
MIR. JONES DEFENSE.
Mr.. Hadlock made his opening statement for
Jones. An involuntary petition had been filed
against Jones' The insolvency law was enacted
for a beneiicent purpose, for the benefit of the
unfortunate that they should not be crushed and
that the community should have the benefit of
their industry. He took up the several issues in
order and stated his defence to each of them and
then cited legal decisions to the point that to prove
perjury against an insolvent debtor, it was not
enough to show mistake or error; he must be
shown to be wlfully and knowingly false. The
same degree of proof should be required in order
to find him guilty under these issues as TO find
him guilty under charge of wilful false swear
ing.