Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-05-20

CONTINUED from yesterday
"Ah! You remember that distinctly ?"
81 do"
"And did you sign with the same pen ?'
Eyes"
"After dipping in the same ink ?"
Yes
"You are sure of that fact?''
81 am"
Positively?
.Of course. l remember perfectly
WE'LL"
Permit me to be sure that have your
evidence in 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 evidence?"
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 ?''
Yes."
| 'inat will do. You may stand aside
Wncn Spencer had rested his case.
opened i,r the defendant, | said sub
stantialy: with permission of the court,
we propose. gentlemen of the jury, to
supplement and strengthen the case OF the
plaintiff bv way of substantiating our
own. We propose to show you that the
name of Ahel Prescott on this deed was
written nv hum :; and we admit that he was
sober when he wrote it; that it was writ
ten in the presence of Moses M'kissen
that the signature of Moses M'Kissen was
put to the paper after that of Abel Tres
colt" Here paused to enjoy the aston
ishment in the faces OF judge, jury, liti-
giants and spectators. eve then intend
to show you that the signature of Abel
Trescott was never appended to that
deed; and that the deed was never execut-
ed at all We intend to show you that
Moses NJ Kissen has committed wilful
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 GUS
tomary printed forms, filled in by writing,
it is written throughout; that, instead of
beginning, 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 different way, and was turned for con-
venience in effecting the fraud; and that
the paper has peculiar blush tint, ex-
cept 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 NJ 'kissen. was written with diff
ferent 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 third party, and the body of the
conveyance fraudulentlv added, without
TrescOtt's knowledge; and that the deed
was not offered for record before his death
made it impossible for him to denounce
the frand. And when we have shown all
this. gentlemen. we shall not only demand
verdict at your hands, but we shall
move the Court to commit these parties,
M'kissen on a charge of perjury, and
both to await indictment 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
carefully, he said: Him! Pass that to
the jury" The jury examined the in
strument. When it came back to the table
Spencer looked at it, and then inqurngll
at his client. who shifted an Indignant de-
NAL, but his face Redeemed On the con
trary the face OF M'Kissen was pallid.
The first witness | 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 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 pota-
tons, or, as he explained to the court and
jury-"generally took his liquor rever-
end" but, as the book binder was "a
friendly sort of person." accepted his
offer. Whether his want of familiarity
with the drink or it's inhibition on top of
a deal of reverend" or undiuted 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 paw for the
damage. but the bidder 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 casse'paper was made up of creased
outside quires and spoiled sheets. and was
generally sold tor trifle to those who
wanted cheap writing paper. Thereupon
he bought lot OF it, that quire among the
rest, and had it packed with the books
This particular quire being larger, thick
er and finer than the remainder, was not
used at first. One day. however, having
occasion to make a blotter. he picked this
out and placed it on the counter. intending
to sew it together and put cover on it
While it lay there. M'kissen came in to
get some ink. A few minutes after. Tres
colt walked in and asked for some tobac.
co. Not being served at once, he lcunged
against the counter and taking a pen
from the desk, wrote his name on the
outside of the book quire. Brown. seeing
it. snatched the paper away and cbided
MN. Prescott replied that he made a
frr.. ,xnt t.,s%, No..