The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1885-07-17

eyes,"
"You make a good many deeds during the
yeari"
eyes,"
"Don't you usually use the printed form and
fill itupi"
| eyes"
"iIad you any printed forms at the time in
your Officer"
eyes"
.Have you ever written any other deed in
full but this :"
~ don't remember l don't knew that I
have"
ri don't remember. took notion that
way, l suppose" 49,. it,, - ,. ;.
fore?"
III don't remember that ever did,
"Where did you get this paper :"
81 don't remember"
"Haye YOU more Of the same kind ;"
~ don't think bave
elbow did you happen to just have THIS one
sheet!'
II don't know. think 1t was because had
just that one, and IT. was SO large ana tnlch that
l used 1t on big SALE A..
aHere is a peculiar shaped mark on the
paper, something like boot, just under the
name-a white stain. Do you remember
whether that was there when the deed was ex'
ecuted 7"
II don't remember. I think it was"
"Dd you appendyour name as Witness De-
| fore or after Trescott had signed {!
"After, of course"
"You saw him take the pen, dip it in the INK
| stand, and sign"
"No, didn't. dipped the pen in the ink
myself, handed it to him, and then saw him
sign"
"And did you II with the same pen"
"You sseufe Of that facsr~
"Pos velys
| "Of Nurse. remember perfectly we'll.
Permk me to be sure that have your evil
deuce in a correct shape. You swear that you
dipped the pen in the ink, handed 1t TO Mr.
| Trescott, who signed his name with 1t, and then
you took the pen from him, dipped 1t again in
| the same ink, aud signed your name with the
same pen and the same ink, as sttesting W.T. T.,
ness, IN his preseG3e' Is that your evidence
II won't be sure" be said, "that dipped the
| pen before signed. There may have been
enough ink left for me in the pen"
"Ah! yes but you signed with the same pen
and in any event, With the same ink :"
s Tssst will 90. sYou may ssasa aside
when Spencer had rested his case, opened
| for the the defendant, l said substantially !:
"With permission Of the court, we propose
| gentlemen of the jury, to supplement- and
strengthen the case OF the plalntln Dy way OF
substantiating our own. We propose to show
| you that the name OF Abel Prescott on this
| deed was written by him; and we admit that
| 1t was written in the presence OF Moses M kis-
| sen; that the signature Of Moses N Kissen was
put to the paper after that OF Abel Prescott"
Here paused to enjoy the establishment in the
faces of the judge, jury, litiGants and specta-
| tors "We then intend to show you that the
signature of Abel Prescott was never appended
to that died ana that the deed was never exc
cuted 1t all. We intend to show you that
Moses MVSissen has cORzraitted wilful and cor
rupt perjury cd this trial and that his evidence
in regard 70 the mater Is to be utterly disie-
garded. We propose to prove this partly by
| the deed itself and partly by parol evidence.
By the deed, which is In evidence before you,
you will see that instead of being one OF the
customary printed forms, filled in by writing,
it is written throughout; that instead OF begin
ming, as usual, on the first page, it begins on
the second, and ends on the third; that the
sheet has been originally folded in different
way, and was turned for convenience in Affect
ing the fraud and that the paper has pecul-
lar blush tint, except in one spot, partly under
Trescott's name, where the color has been re-
moved by some acid substance; and that the
signature Of the assumed grantor instead OF De-
ing written with the same kind of ink as that
OF Moses MKssen, was written with differ
ent ink from that and the body of the deed.
And we prOpose to show by par0l evidence
that the attesting witness did not sign IN the
presence of the grantor named; that the name
Of Abel Prescott as you see 1t was written De-
fore the date of the deed; that the paper con-
tanning his signature and nothing else, was
purloined from a third party, and the body OF
the CONVEYANCE fraudulently added, without
rrescott's knowledge; and that the deed was
net offered for record before his death made It
impossible for him to denounce the fraud.
And when we have shown all this, gentlemen,
we Shall not only demand verdict at your
handr, but we shall move the court to commit
these parties M'Kissen on charge OF perjury
and both to await the indictment for forgery
and conspiracy"
When l had concluded the excitement IN
court was intense sssi NJ hhe Sacss wa, hand
ed to him. After inspecting 1t carefully, ne
said: Him. PASS that to the jury" The jury
examined the instrument When 1t came back
to the table Spencer looked at 1t, and then In.
quiringly at his client, who smiled an indignant
denial, but his face Redeemed. On the contrary
the face of 'Kissen was pallid.
The first witness called was Peter brown.
His evidence was as follows:
About fourteen months before that, ne mad
gone to st Louis to purchase some GOODS, anu
while there had ordered new set OF oiank
books, journal and ledger, from blndery. Inc
them. The binder offered to treat him and |
then and there made pitcher OF iced punch. |
Brown was not given much TO mixed rotations, |
or, as explained to the court and Jury-'gen-
orally took his liquor reverend. but as the
book binder was "a friendly sort OF person.,
accepted his offer Whether bis want OF famil- |
iarity with the drink, or its Inhibition on top |
OF a deal O. reverend or undlluted liquor |
that day, affected his nerves, he did not state,
but merely that he spilled some OF it on ream
OF tinted paper The lemon juice in the punch |
took out the color where it fell. He onered 70 /
pay for the damage, but the binder merely /
laughed, and said il was an outside quire Oh |
the ream, and would 60 among the case paper. |
In reply TO an inquiry be was told that case
paper was made M OF creased outside quires /
and spoiled sheets. and was generally sold Tor
a trifie to those who wanted cheap writing pa.
per. Thereupon he bought lot oil II, that
quire among the rest, and had it packed with
the books. This particular quire being larger,
thicker and finer than the remainder, was not
used at first.
One day, however, having occasion to make
a blotter, be picked this out, and placed II on
the counter intending TO sew Il togetner, ana
put cover on 1t.
While il lay there, M'Kissen came IN 70 get
some ink. A few minutes after, Prescott walk
ed In and asked for some tobacco. Not being |
served at once. be lounged against the counter, /
and, taking a pen from the desk, wrote MS
name on the outside of the book quire. brown,
seeing 1t, snafched the paper asay, ana cnided
him. Prescott replied that be mace great
fuss about good looking name on bis map
Of Italy"-alludmg to the stain over wnicn 20