The Portland daily press., 1885-02-20
THE BROWN ESTATE.
Judge Symonds Closes His Argu-
ment.
Court Adjourned to Monday Morning.

monds continued the reading of portions of the
record and commenting upon the evidence as
he proceeded.
Mr.. Rand Faid he, has never opened any
books of account as required by the proyis-
ions of the will and no such books were even
opened or kept, until the plaintiffs began to do
so April 15, 1884. The failure to keep such
books as were required is a manifest violation
OF the terms of the trust; and their only effect
has been to afford Mr.. Rand another opportu-
nifty OF treating with contempt the plaintiffs
and their book-kesper Mr.. Bryant. 1t is an
other little instance Of Mr.. Rand's method of
procedure when Messrs. Fassett and Stevens'
bill was taken to him for payment by Philip
Greedy Brown with check therefor signed by
Philip Henry Brown he said he would 'look
it over when he had time and pay it when he
got ready" and having in this way afforded
himself the pleasure Of insulting the messen-
ger of the plaintiff, he then pays the bill at
once. 1t is unnecessary to detail the early diff
hculties in the relations between the trustees
and in the transactions of the business of tho
trust. 1t is manifest from examination of the
evidence that the situation in which these
plaintiffs are placed, from being difficult one
as 1t was from the outset, has become intolera-
BILE, and that it is impracticable and impossible
for the board as at present constituted, to 60 ON
with the administration of the trust. Mr..
Rand's peculiar moods and traits have rapidly
increased in their hold and power over him.
Mr.. Rand made an error Of $67 900 in the
adjustment of the probate accounts, which
u1or val univ oil In hiu nh Nha a~sI
shows the correction of this error. 1t is true
that Mr.. Rand claims in his evidence that he
did not return the $4,000 to either of the
plaintiffs as money he had erroneously received
from them; but the facts of the correctness
of the plaintiffs books and of an error made
by Mr.. Rand in the probate account is proved
beyond doubt. Yet proceeding upon his own
error, he made his demand upon John Mar
shall Brown, while ais brother was in Europe,
and afterwards upon Philip q. Brown, in the
most sudden and arbitrary way, and with an
assumption Of absolute infallibility.
The facts in regard to the $4,000, error in
the probate accounts for 1883, are fully ad-
mitted by Mr.. Rand and arose from O trans
action of which he had the exclusive charge,
and which did not appear on the books of the
plaintiffs at all. This $4,000, which Mr.
Rand had In his own hands, he called upon the
plaintiffs for; and in the most offensive way,
for period of several months he made this
an occasion for ridiculing them and their book
keeping; and persistently repeated that they
had this money in their possession, and that it
was hidden away by their bad bookkeeping
and he did not like the looks of it. The case
shows the annoyance and anxiety and the
efforts required to ferret out this error; yet not
the slightest effort was made by Mr.. Rand to
assist the plaintiffs in the discovery of it and
not the slightest regret was ever expressed on
his part for the insults, ridicule, trouble and
anxiety to which be had subjected them.
The plaintiffs were anxious to have stated
meetings of the trustees and regular routine
pursued, with the hope that difficulties would
thus be diminished but they were never able
to secure sGch arrangements and Mr.. Rand's
indifference to all such propositions seems to
be boasted of by him in his cross examination
Notwithstanding the arbitrary assumption by
Mr. Rand of superior knowledge of building,
both towards the workmen and towards Mr.
Fassett, the architect the case indicates that
he has bad no previous experience whatever
in the direction of large buildings like the
Lancaster building and the Brown Block.
August IL, 1884, plaintiffs were called upon
by Mrs. Clifford for payment on account of in
come. They could not ascertain how the
general income account stood without state
ment of Mr.. Rand's general cash transactions,
consequently they wrote Mr.. Rand lstter
August 11th stating that Mrs. Clifford had
called upon them for check, that they could
not draw q check until they had received q
statement of his disbursements and receipts as
asked for iu their previous letters of July Goth
and July Both and repeating request for that
statement. They had previously furnished
him fall statements of all their transactions.
No answer was received to this letter and they
were compelled to draw check for $4,000 With
out any knowledge whether it was right or not
from any figures which they could command.
The whole case is full of minor instances of
errors, annoyances and difficulties caused the
plaintiffs by Mr.. Rand's cspricious purpose in
refusing to aid them to get correct balances or
to pay them what their figures showed to be
due them; and in fact, the case from Begin
ming to end shows that whenever any question
arose about accounts, Mr.. Rand assumed infal-
libility and refused in the most offensive man.
ner to aid in bringing about corrections. He
has done nothing whatever during the year
1884 to facilitate the affairs of the estate, nor
with reference to the financial matters or any
others, except as compelled SO to do by the Or
der of court.
Now, what merit is there about Mr.. Rand?
What is there in his character, or in his career,
or in his position, that lifts him above the or
diDary relations or responsibilities of human
life? Walk the length and breadth of these
streets, and where is the man that can do busi-
ness with John Rand pleasantly? Where can
he be found, unless it is a man whoee favor It
is essential to Mr.. Rand to retain. Instead of
being the respected head Of our profession In
this city, he has become an isolated man in
personal and in professional relations, except
within the narrowest sphere, because he heaps
wrath, iusult and abuse on the heads OF all
men who are unfortunate enough to
come into business relations with him.
Instead of hallowing and melowing es he has
grown older these traits and tendencies of his
character have become abnormal and ungoy-
mil rf
sound volition, no longer controlled by the ac-
tion of sound mind. I say it deliberately as
part of the history of this case, and as justi-
fed by the testimony in the case,i that Mr..
Rand's action no longer proceeds from the die
tates OF sound mind. His impulses have be-
come ungovernsble with him, and uniortun-
ately for us they are impulses to wound ,injure,
insult, abuse, defame, cheaper and degrade.
Now, if these three trustees cannot 20 on to-
gether with the administration of this trust
who shall depart? Shall it be Mr.. Rand or
shall it be these plaintiffs? That these plain
tiffs are men of the highest character, men of
large and varied business experience, is not de-
MED by the evidence and is apparent from the
record. No charge is brought against them.
Mr.. Rand says in his answer that they have
been guilty OF unwarrantable airs and assump-
tion, but he does not support it by any evid-
ence. He says they unt ertook in March to get
the funds of the estate into their own posses
sion, which is centradicted by them and is un-
supported by any testimony. So that the
plaintiffs stand here without any charge
against them. They are the only surviving
sons of the testator, they bear his name. they
are of his blood; they are men who lived in the
warmest and closest favor of ] B. Brown dur
ing his life, and they revere his memory.
Upon them and their children, and upon
their sister and her children the accumulations
of his large wealth were lavished almost with
out exception, and it is theirs. Shall they de-
part from the care of this trust in the prime of
life and leave their property and their chill
dren's property, and their sisters property, and
her children'a property, tosbe cared for by
strangers, at their expense? Issthere anything
in proposition like that that appeals to the
judgment OF this Court, in whom resides the
power to remedy the wrong that has been here
committed?
Judge Symonds closed at four o'clock in the
afternoon, having occupied two days and q
half
Mr.. e. NJ. Rand of counsel for the defense,
then read the deposition of John Rand, and at
the request of the defendant Court was ad-
jouEned until Monday morning, when Mr..
John Rand will make his closing argument.