The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-11-05

SUPREME JUDICIAL COURT.
BEFORE JUDGE WALTON.
WEDNEsDAY-John Winslow JONES' appellant
from decree OF Judge of Insolvency, vs.. First Ma
tional Bank ct ais.
The forenoon session was occupied in closing up
the reading of the record of the examination of
tecna to Strout, Gage s. Strout, the return there
on, and also the second warrant to the messenger,
OF June 10, 1884.
AFTERNOON SESSION. =
John 0. Rice, called by the attorneys for the
creditors, testified that he had been an account.
ant for twenty years; had been employed as an
at the request of Mr. Libby, had examined the
books upon the attorneys table, hereafter to be
stated the books with the canvas covers are the
concluding books of Mr.. Jones' business
Mr.. Hadock objected that the books were the
best evidence of what they contained, and the
court sustained his objection.
The witness was asked to state certain conclu-
slons from his examinations of the books, but on
Mr., Hadlock's objection this was excluded.
Nine letters were shown to the Witness which
he identified as in the handwriting of Mr.. Jones
and said that he had examined these letters with
reference to seeing whether they had been copied
by letter press
Mr.. Hadlock objected to his testifying further
as to the letters because they would speak for
themselves and because the witness was not an
expert as to the copying process.
Mr. Libby then proceeded to qualify his witness
Q-Whether you have had large experience in
what we call letter press books in the method
ordinarily employed in taking copies of letters
in letter press books, under the damp sheet, etc.
Q-Whether you have had occasion to examine
letters with reference to determining by their APP
pearance whether they have been so copied
Mr.. Hadlock then cross-examined on this point:
Estate to the jury any peculiarities in the
described ''-e = NS''' '''S' GO ~ -''''0
A-There are indications of moisture by
spreading OF the ink, which is one of the distinct
NJ h Lat
ters
Q-There are various forms of copying letters
aren't there? That is, you can do it by different
A-The method in commercial use is very uni
form.
Q-You do not always use press to copy let
ter, even when it is dampened, do you?
Ayes.
Q-Do you know of any process where press
is not used, where the sheet is dampened?
Al have known of such process.
..Q-That will have the same effect ON letter
that the press process would have, as to dampen-
ing the sheet and spreading the ink &?
A-As far as / know, it will.
letters you cannot tell whether they have been
copied in letter press or in some other way; the
only thing you can determine is that the letters
have been copied by some process which has
dampened the sheet?
A-That is all.
Mr. Hadlock objected that the witness had not
sufficiently qualified himself The Court allowed
him to testify. The witness afterwards explained
that the other process OF copying letters that he
question was one OF copying letters with ink, es-
pecsl.aany tor that purpose, by moistening the
leaves and simply rolling the book, without using
these letters to indicate that any such ink was
used. The witness testified that in his opinion
the nine letters produced had been copied by the
ordinary letter press copying process.
To the decision of the Court that the witness is
shown to possess sufficient knowledge of the eff
feet of taking copies of letters by the ordinary
letter press process to make him q competent wit
ness upon that point the debtors counsel excerpts.
f0Rfb hat &c
ter for expert testimony. This objection was
overruled, and exceptions taken. The nine let
tiers were then put into the case.
The following described books were then intro
duced in evidence: Ledger "a" j. Winslow
Jones 8 Co., limited; Journal a. J. WinsIow
Jones & Co., limited; index to ledger, J. Winslow
Jones & Co., limited ledger &C. j. W. Jones;
book marked "Cash l. j. W. JONES'" Journal 1,
j. W. Jones.
The Court-These books are all in without OBJ
lection?
der any other issue than the 8th
Creditors counsel claim that they may
be used under issue FIVE
Mr.. Libby read various items to the Jury show
ing as they contend, that the books of j. Winslow
Jones q Co. limited commence where the private
books of j. w. Jones leave off; that the private
business of Mr.. Jones which existed at the time
OF the organization of the limited company, was
not settled through Mr.. Jones' private books, but
was settled entirely through the limited compa-
ny's books; and that certain accounts and trans
actions appearing in the limited company's books
dc biC piAfdgO anu luulfluudl dCCOulllS VI MI
Jones.
MHerbert NJ Sylvester, called by the creditors.
testified that he is assignee of this estate in insol
vency; that he received his assignment from the
Judge of Probate July 10, 1884; that he went to
Jones Office and found Mr.. Horrie therelwho stat
ed that Mr. Jones had not been in that day; that
he told Horrie that he had his warrant and asked
him TO open the vault containing the books and
papers OF the estate that Horrie opened the vault
and the witness took the books and papers that he
found in the vault and laid them on the floor that
MIR. Jones came in and commanded him not to
take them away saying there were books there
that the witness had no right to- namely the bookr
Of j. Winslow Jones & Co., Limited; that
Jones sent for his counsel, S. 9. Strout who came
IN and said to witness that he had better not take
the books that witness then asked Jones and
his counsel to point out the books of j. Winslow
Jones & Co., limited; that they did not do so; that
he then asked Mr.. Horrie to do so; that HorTie
separated the books; those of the limited COM
pany were returned to the vault; that this occu-
pied from half-paSt ten to two in the afternoon;
that witness then took the remaining books and
papers and carried them away witha teams that
in one of the drawers of the vault which Mr..
Horrie unlocked he found an old pocket-book
and folded MANILA paper containing a number
OF unrecelpted bills, savings bank book, note
receipts, two notes of f. c. Davenport, and two
paid-up policies of insurance on the life of F. c.
Davenport. amounting to $1,000; that he sur
rendered the policies to the Connecticut Mutual
Life Insurance Company and received $65013
for them that he collected $1o5 and some cents
from the Maine Savings Bank on the book before
mentioned; that he never received from Mr.
Jones any papers relating to an award against j.
b. Lincoln OF Boston; that he first heard of such
papers shortly after the examination in the In
Solvency Court; that Mr.. Jones did not turn
over to him any letter books relating to his bus
mess prior to the examination in the Insolvency
Court; that the five letter books presented were
all that were produced in the Insolvency Court;
that four of them were produced in the early part
of the examination; that he had never had any
other letter books of Mr.. Jones in his possession;
that he had none of Jones' letter books covering
correspondence subsequent to July 81, 1882;
that he had never received from Jones any letter
books, Invoices cash books, bank books, check
books, receipts or any other material relating to
any business carried on by him in 1888 or in
1884 prior to the insolvency proceedings; that
he never saw the general books of j. w. Jones &
Co., limited, which have been introduced in evil
dence until they were produced in the Insolvency
Court by Strout, Gage q Strout, unless when they
were taken from the vault on the 18th of july
In croSS-eXaminatiOn the witness stated that
when Jones told him he had no right to the limit
ed companys books, witness told him that he had
paper from Gen. Mattocks, the president of the
corporation, stating that if he got any of those
books by mistake he should be held harmless;
that Mr.. S. G. Strout told witness that
the books of the limited company had moth
ing to do with the estate of Mr. jones' and that as
counselhe wanted those books put back into the
vault
Joseph Curtis, called by the creditors testified
that he was a label printer in Boston: that his
arm had printed labels for Jones since 1873, first
while he was doing business in his own name and
afterwards with the j. Winslow Jones s. Co., linn
tied; that in 1883 they printed for him maekerel
lobster and beef tables; that they were expressed
G. O. D.; that they received cash returns for va
rous invoices of labels in February, March and
April of that year.
The witness produced two letters from Jones,
which were introduced in evidence.
Hadlock, for Jones.
Libby, with Holmes for creditors