The Republican. [volume] (Oakland, Md.) 1877-current, 1885-03-21

suit where Twas concerned for the W. ftifF.
and l went after it myself. M'Ki was
out, but his boy was in his den, am his
presence | went to the bookcase. Il off
out the required volume. There was "a
per between the leaves, used as amarta,-..
took it out, intending to leave it behind ~
but the title struck me and let it remai,,' /
l found that the paper would be of servicain
the case. Possession was nine points of tbe
law; so | took charge of the document and
hled 1t with the rest OF the papers in theI
case.
The case came at last to trial Tb.ra ,ro j
a crowded courtroom and every one anvil
GUS to learn what our side had tosav TbA
plaintiff proved title by his deed. notice
and a refusal to vacate. M'KisSen. Will
was on the stand, mentioned, Unnecessary
| ly, that Prescott was particularly soher
when the deed was executed, at which 4
laughed outright, to the bewilderment of
the jury, and the undisguised astonishl-
ment of the Judge.
| 1 cross examined M'Kissen.
How have you secured your interest dn
this matter?"
81 don't understand you. 1 have no iAp-
| terest in it,"
| contract to convey one-half of the -Four
Section Purchase to you in consideration
| of services rendered."
emo, sir!'
Cuyp's counsel, Spencer, interrupted ME
with:
| to the court" r
! "You will proceed strictly under tie
rules, Mr.. Bonsall," said the Judge,
VERY good, your honor"
"Ho on said you wsSs present when Mr..
Prescott wrote his name on that paper, and
saw the money paid to him."
"Yes."
Chow much moneys" y -
81 didn't count it. Prescott took the
signed. He was perfectly sober at the
| time"
$50 you said before. What is the present
value of the land in question:"
~ should say it was worth fifty thousand
dollars"
81 see that the consideration money is
thirty thousand. Did it not strike YOU,
with a sum so much less than the value,
that there was something crooked in the
| transaction"
II can't say that it did. Prescott wanted
ready money badly, and Cuyp had it."
it?' VI '' VI
''No, sir; all bank notes."
"You wrote that deed YOURSELF"
"Yes"
''You make good many deeds during
the YEAR,"
Yes"
Don't you usually use the printed form
and fill it up?"
Yes"
"Had yon any printed forms at the time
in your Officer"
Eyes"
Have you ever written any other deed
in full but thiS?"
81 don't remember. l don't know that 1
have"
"What caused you to write this deed?"
81 don't remember | took notion that
way, suppose"
'Did you ever use this kind of paper be-
fore?"
81 don't remember that l ever did,"
''Where did you get this paper?"
81 don't remember
'Have you more of the same kind?"
81 don't think [ have"
Glow did you happen to just have this
one sheetN'
81 don't know. [ think it was because
| had just that one, and it was so large
and thick, that [ used it on a big SALE"
Here is a peculiar shaped mark ON the
paper, something like a boot, just under the
name-a white stain. Do you remember
whether that was there when the deed was
eXeCutsd?"
Il don't remember. think it was.'
Ibid you append you name as witness
before or after Prescott had signed"
after, of course"
''You saw him take the pen, dip it in the
inkstand, and signI'
mo, didn't. I dipped the pen in the
ink myself, handed it to him, and then saw
him sign"
"Ah! You remember that distinctly"
II do"
And did you sign with the same penn
eyes"
''After dipping it in the same inkH'
eyes"
''You are sure of that fact2"
Il am"
''Positively?"
''Of course. 1 remember perfectly WELL"
"Perrnt 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, in his
presence! Is that your evidence2'
M'Kissen hesitated.
81 won't be sure" he 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"
Eyes"
''Thst will do. You may stand aside"
w men spencer nau rested ms case, L
opened for the defendant. l said substan-
TALLY: with permission of the court, we
propose, gentlemen of the jury, to supple
ment 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 it was written in the pres
ence of Moses M'Kissen; that the signature
of Moses M'kissen was put to the paper
after that of Abel PRESCOTT" Here paused
to enjoy the establishment in the faces of
I.judge, jury, litigants and spectators. eve
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 MKissen has committed wilIful and
corrupt perjury on this trial; and that his
evidence in regard to 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,
instead of being one of the customary
printed forms, filled 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
| i'll 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