The Portland daily press., 1888-12-19
THE COUNSEL HAVE THEIR INNINGS.
Young PrebIe's Transactions Dos
crIbed by Opposing Lawyers.
Mr.. Hoar Says He Is Guilty OF
Perjury.
Gen. Butler Declares the Brokers the
Responsible Parties.

Boston. Dec. 1s.-Counsel in the Preble
bond case had their innings today. The
court was crowded, and everybody at all in
terested in the trial was present.
Justice Colt had set apart the day for ar
guments by counsel, and both gentlemen.
Samuel Hoar for the defendants and Gen
eral Butler for the plaintiff, were early on
hand this morning. with big piles Of papers,
documents and notes. On the counsel's ta-
BILE was a whole library Of legal lore.
Counsel Hoar, looking at the array Of vol
umes said: "Your honor, will counsel be
allowed to read authorities in the course Of
their arguments"
The court--"Well, gentlemen L think coun-
sci are old enough to do everything proper
in the case"
Counsel Samuel H0ar, after briefly ex-
planning the technical form II the suit, and
that it was for the recovery Of securities al
legged to have been wrongfully converted to
their own use by the defendants. told the
jury that separate finding must be given
on each item In the declaration. Each item
was In reality separate case, and each de-
pended on different occurrences and circum-
stances. This case" said Mr.. HOar, sis
one OF great importance TO my clients. These
two defendants are men Of good standing In
this community; they have gone in and out
in the prosecution Of their business for near
ly Is years, respected by allmen. III there was
any plot or stain on their character you may
be sure that the diligent counsel for the
plaintiff would have spread 1t before the ju-
ry and the court.
'It Is not so much question of money with
the defendants, as II Is what their future bus
iness life shall be, for up0n your decision de-
pends whether they shall have fair or
smirched reputation; 1t means honor or dis
grace to them. l tell you, gentlemen, a mis-
take made against the defendants would car
ry with 1t far-reaching misery.
Take another view. Here we have a
mother and an only child. The plaintiff Is 70
years of age and infrm. Well, In the natural
course OF events that son will be the sole
heir OF his mothers property and estate. She
Is suing for this property, and the case de-
pends on the sons testimony. | say, gentle
men, that this suit Is being prosecuted almost
entirely for the. sons benefit, and yet he is
the principal witness.
"Ah, gentlemen, what a witness he Isl III
we are to believe the plaintiffs counsel (and
he takes that position In the case) Edward
Preble is thief The property In question
was his mothers, and Edward Preble, the
thief, stole 1t. He comes before you and con
fesses that he stole his mothers bonds, and
he confesses tina he lied TO his mother to COW
or his stealings. Even when she reproached
him with living extravagantly he lied to her,
DCCduoc no tOiQ no WAS uhklnA plenty Oh
money by stockbroking. Edward Preble
stands before you by his own confession as a
liar and thief.
Counsel further stated that In six several
instances Edward Preble had "sworn falsely
and basely periured himself" and then
specifically to the various items. on which he
grounded his declaration Of perjury.
At the assembling Of the court this after
noon there was an Immense audience, every
tWob 0NW knfw x1.1 -
General Buffers speech was nOised all over
the post office building, and even the govern
ment employees squeezed into the court room,
anxious TO hear the great speech.
General Butler began by saying that In the
temple Of justice any miserable attempts TO
introduce politics should be frowned down
by all right-minded men. There were good
lawyers who were bad politicians, and there
were bad politicians who were good lawyers.
There had been an attempt by the other
an attack on Edward Preble. This
young man had stolen no bonds; there
had been no stealing; that was not the word.
He had used the bonds belonging to his
mother and given them to his confederates.
Bates q VALLEY, who alone have prodted by
these stock transactions. The jury had been
told that Edward Preble was born on April
l, and you are asked to believe that he was
necessarily fool, but there were many men
who had been born ON April 1, who were not
he was no fool. Edward Preble had acted
wrongly, that was clear
Well. let us suppose that Edward Preble
stole those bonds; then the defendants. be-
yond all eavil, have received the stolen
bonds and put the money into their own
pockets, and not in his. The general then
quoted authorities TO show that II IL could be
proved that the defendants combined with
the son of the plaintiff 10 got possession Of
the old lady's property and convert
ed it to their own use they
were liable for all the property so taken By
them, and 1t did not require Is or 20 counts.
The defendants got our property, and that's
my ease. Now, did the defendants get
this property In the usual course Of trade
They would be protected II such was the fact.
But did they act In good faith9 We say not
Did they not take the bonds from Preble and
gamble them away over their table? This
went on for five years. This young man,
commencing as b0y,they k new had the key
Of his mothers safety box. because they had
the other key.
"The safety Of the community, the non
corruption Of our boys and Of our bank
clerks, demands that proper care should be
used by stock brokers in dealing with such
young men.
"As to the question Of damages, main
tain that the statute OF limitations is no bar
to the suit"
In support Of this the General cited An
gell on Limitations, and other decisions. He
argued that no man could be allowed to take
advantage Of his own fraud. IL action was
brought within six years from the time the
cause Of action was found out, the law
would sustain an action. He then reeited
everything clear, ''even though one was born
in Concord" IF man steals my bank
box" said the General, .'and hides 1t for six
years, that doesn't give him a good right or
title TO 1t. III 1t does, then want to move
out OF theCommonwealth ofMassachusetts."