The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-03-19

it?n
"No, sir; all bank notes."
"You wrote that deed YOURSELF"
"Yesn n
"You make good many deeds during
the year," 80.
"Don't you usually use the printed form
and fill it up?"
eyes"
"Had yon any printed forms at the time
in your Officer"
'FYes.n
"Have You ever written any other deed
in full but this?"
Il don't remember. don't know that
have"
"What caused you to write this deed:" r
81 don't remember. l took notion that
way, suppose"
"Did you ever use this kind of paper be-
fore?"
81 don't remember that I ever did"
"Where did you get this paper"
81 don't remember"
'Have you more of the same kind?"
81 don't think l have"
Glow did you happen to just have this
one sh eet!"
81 don't know. I think it was because
| had just that one, and it was so large
and thick, that l used it on big SALE"
Here is peculiar shaped mark on tho
paper, something like boot, just under the
name-a white stain. Do you remember
whether that was there when the deed was
executed:"
~ don't remember. think it was"
"Did you append you name as a witne75
before or after Trescott had signed:"
CATER, of course"
''You saw him take the yen, dip it in thu
inkstand, and sign?"
"No, didn't. dipped the pen IN the
ink myself, handed it to him, and then saw
him sign"
"Ah! You remember that distinctly"
"And did you sign with the same penn"
sYasn
after dipping it IL the same ink"
"You are sure of that fact:"
81 am"
"Positively?"
"Of course. / remember perfectly we'll"
"Permit me to be sure that [ have your
evidence in a correct shape. You swear
that you dipped the pen in the ink, handed
it to Mr.. Prescott, who signed his name
with it, and then you took the pen from
him, dipped it again in the same ink, and
signed your name with the same pen and
the same ink, as attesting witness. IL his
presence? Is that your eyidence:"
M'Kisseu hestated.
81 won't be sure" he said, "that dipped
the pen before l signed. There may have
been enough ink lett for me in tae pen"
''Ah yes; but you sigaed with the same
pen, and in any event, with the same ink.''
YES"
''That will do. You may stand aside"
When Spencer had rested his case, I
opened for the defendant. 1 said subStan-
italy: ''With permission OF the court we
propose, gentlemen of the jury, to supple
nlent and strengthen the case of the plain
tiff by 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 he was sober when he
wrote it: that il was written III the pres
ence of Moses M'Kissen; 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
judge, jury, HtigantS and spectators. 1--WE
then intend to show you that the signature
of Abel Prescott was never appended to
that deed; and that the deed was never ex-
ecuted at all. We intend to show you that
Moses M'KiSsen he's committed willSul and
corrupt perjury on this trial; and that his
evidence in regard 20 the matter is to be
utterly disregarded. 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,
printed forms, filed in by writing, it is
written throughout; that, instead of be-
ginning, as usual. on the first page, it be-
gins on the second, and ends on the third;
that the sheet has been originally folded
In o different way, and was turned for
convenience in effecting the fraud; and
that the paper has a peculiar blush tint,
except in one spot, partly under Trescott's
name, where the color has been removed
by some acid substance; and that the sig
nature of the assumed grantor, instead of
being written with the same ink as that of
Moses MkisSen, was written with differ
ent ink from that and from the body of the
deed. And we propose to show by parol
evidence that the attesting witness did not
sign IN the presence of the grantOr named:
that the name of Abel Prescott, as YOU see
it, was written before the date of the deed:
that the paper containing his signature,
and nothing else, was purloined from a
third party, and the body of the convey
ance fraudulently added, without Trescott's
knowledge; and that the deed was not Of
fered for record before his death made it
impossible for him to denounce the fraud
And when we have shown all this, gentle
men, we shall not only demand verdict at
your hands, but we shall move the Court to
commit these parties, M'Kissen on a charge
for forgery and conspiracy"
When had concluded the excitement in
court was intense. The Judge said: "Let
me look at the deed, Mr.. Clerk" 1t was
handed to him. After inspecting it care
fully, he said: HIN! Pass that to the
jury" The jury examined the instrument.
When it came back to the table Spencer
looked at it, and then inquiringly at his
client, who shifted an indignant denial, but
his face Redeemed. On the contrary the
face of M'Kissen was pallid.
The first witness l called was Peter
Brown. His evidence was as follows:
About fourteen months before that, he
had gone TO st. Louis to purchase some
goods, and while there had ordered a new
set of blank-books, journal and ledger,
from bindery. The day before he left he
went to get and to pay for them. The binder
offered to treat him, and then and there
made pitcher of iced punch. Brown was
not much given to mixed rotations, or, as
he explained to the court and jury-"gen-
orally took his liquor reverend, )" bat, as the
book binder was "a friendly sort of per-
son. accepted his offer. Whether his
want of familiarity with the drink, or it's
inhibition on top of a deal of reverend"
or undiluted 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 offered to pay for
the damage, bu1 the binder merely laughed,
and said it was an outside quire of the
ream, and would go among the caSSe-pa-
per. In reply to an inquiry he was told
that cassa-paper was made up OF creased
outside quires and spoiled sheets, and was
generally sold for a triae TO those VINO
wanted cheap writing paper. Thereupon
ne bought q lot of il, that quire among the
rest. ana 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 occa-
sion to make blotter, he picked this out,
and placed it on the coanter, intending to
sew it together, and put cover on il.
While it lay there, M'KIssen came in to get
some ink a few minutes after, Prescott