The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-12-20
IN THE HANDS OF THE JURY.
Twelve Good Men and True Debat-
Ing Mrs. Prebie's Case,
Apparently Without a Very Good
Prospect Of Deciding 1t.
What Judge Colt Told Them In Re-
gard to the suit.

BOSTON, Dec. 19-Jus.ice Colt. in the
United States Circuit Court this morning,
charged the jury in the famous Preble bond
case. There was large crowd in court, and
the counseps table was occupied by Samuel
Hoar, L. G. Southland, and Gen. Butler. The
plaintiff, Mrs. Preble, looking more feeble
than usual, her son Edward, the elder de-
fendant, Henry NJ. Bates, and number of
lawyers and ladies sat within the rail.
Judge Colt said: "Mr. Foreman and Gen.
tlemen-You have been listening for more
than week to the trial of case which
turns largely, from its character. ON ques-
tions of fact. The principles of law which
govern the case are comparatively few and
simple. The action Is suit brought by Sa-
rah A. Preble of Maine, against the defend
ants, Bates & Valley. 1t is an action be-
tween citizens Of different States, and this
brings it within the jurisdiction of the Unit
ed States Court"
The justice then reviewed the evidence at
some length.
The main points given to the jury were
that they must first decide as to Mrs. Preble's
actual ownership Of the property named in
the declaration; and second, that the defend
ants had a guilty knowledge in taking the
property and converting 1t to their own use.
The plaintiffs not only allege guilty knowl-
edge, but also charge conspiracy between
young Valley and Prebls. On the other
hand, the defendants say, mo, we had no
such guilty knowledge as would make us liza
BILE: We took those securities in good faith,
and in the course Of a regular business
What must the plaintiff prove?" said the
judge. "The statement of her case is COM
prised in her declaration, in which there are
10 different items, principally of bonds. As
70 certain items, it Is let out by the defend
ant that they did not belong to the plaintiff.
Well II you find this was SO, or that she had
given to her son power Of attorney to deal
with any of her property, you cannot fnd
for the plaintiff on snch items. Ii you find
that some property belonged to the plaintiff
you will ask what 1t is. II you find 1t to be
negotiable bonds you will accept this ruling
When an innocent party purchases such Sc
curities In good faith, although they may
have been stolen, all equities between the
purchaser and the real owner are cut off in
law. H
"In determining the question as to the de-
fendant Valleys guilty knowledge you must
have no doubt of it; merely suspicious cir
cnInstances are not sufficient, and the plain
tiff would have no ground of action. If you
find bad faith on the part of the defendant
you will decide for the plaintiff, so far as the
property which actually belonged to her."
The Justice then passed to the question of
the statute Of limitations, and directed the
jury that In the event of fraudulent conceal
ment of the cause of action the statute of
limitations would not run against IN action
at law. ke
II shall charge you, as a matter of law, if
you believe that the defendants are not
guilty of fraud If you believe, in word,
that they acted in the ordinary course of
business then the plaintiff would not have a
right to recover; but on the contrary, If
from the evidence you believe that Valley
c0nspired with Edward Preble to obtain
those bonds there would be evidence of
fraudulent concealment Of the cause Of ac-
tiOn. +"
On the question of damages the court
charged that, If the jury found for the plain
tiff, they must measure the amount of dam
ages by the value of each item at the time it
was wrongfully converted, together with in
terest down to the present trial. The court
would not instruct the jury that they must
ind special verdicts on each item, but it
would be easier so to do taking the several
items as they came ON the declaration.
Gentlemen, you have been told that the
plaintiff Is an aged woman, and that the
defendants are firm of brokers in good
standing. Neither of these statements must
affect you In the least You must decide
upon the evidence, under the instructions of
the court, and without regard to the position
of either party to the suit and without re-
gard to the consequences of your verdict"
The jury retired at 1l.30 o'clock.
The jury remained out during the after
noon and evening and when the court ad-
journed for the night had not reached a de-
cision.