The Portland daily press., 1888-05-21
SUPERIOR COURT.
BEFORE JUDGE RoNNrY.

BEFORE JUDGE BoNNEY.
SATURDAY-State VS.. Henry Fl. Conant The
respondent is indicted for forgery The indict-
ment contains four counts. The first for forging
by w. A.. Allen of Sanford; the second count
charges him with forging Aliens signature TO
promisory note for s455; the other counts are for
At the beginning Of the trial, Mr.. Lunt, counsel
for Conant admttedon behalf Of his client that the
dated Sept IL. 1887, PAYABLE six months after
date, and the S455 note payable to the order Of
ii. IA: Conant, dated Dec. IL, 1887, on three
Allen, are in The defendants handwriting, includ-
inr die signatures, and that the respondent ut
tered and passed the same as true to George Toll
man for valuable consideration.
The admission relieved the government of the
burden of proving the handwriting of the defend
ant the uttering OF the notes and narrows the is
sue down to the single question whether or not
Conant was authorized by Allen to put Aliens
name TO the notes.
w. A. Allen is printer in Sanford, Me-, and
calls himself the tag man. He testified that he
employed Conant as a travelling salesman and
bOok-keeper from September, 1885, to June, 1887.
He emphaticaly denied that he authorized Con-
ant TO sign these notes or any other paper Great
ing an obligation. He has never had any settle
ment with C0nant to see how they stood, but
thinks he does not owe him anything.
Henry IL. Conant, the respondents testimony,
and travelling salesman from September. 1855.
until June, 1887, during which time his business
increased largely. In June left and went into
pany. During this time, from June to October,
Allen was continually writing and telegraphing
TO me, asking appointment, for meetings, telling
me his financial affairs and making me his conf
dant. He was, collector of taxes for the town of
Sanford. He came TO see me at Kennebunk July
Both or August 1st and said he was hard pressed
for money; that the selectmen were bounding
him for money and he feared the day when Stiles,
one of the selectmen, would get his tax book and
compare 1t with the amount he had paid into the
treasury.
He came into Portland about the 22d of August
and We talked over his matters. He wanted to
know how in the name of Heaven he could get re-
lief. told him could suggest nothing. Ihad
conversation on Cumberland street with Allen in
relation 10 his condition; he told. me he was in
such a financial condition lat that timetable to
be pounced upon by the treasurer and selectmen
and had just taken or was about to take additional
insurance on his place, and If the worst come TO
worst hit cond fire his buildings. He told me he
had been to Thomas Goodall, think, to raise
California or Florida; that Goodall told him he
dadnt got the money. but would indorse
his hi note for him. but he Allen. said
be so long before he could pay it that it would eat
itup. Then he spoke of raising money and want
ed TO know II there wasn't some one in town that
knew of that / could raise the money of. told
him didn't know of anybody. but would think
it over. wrote him later thai thought knew
some one who would aid or help him. / wrote
him and he came in on the 9TH Of September.
met him at the corner of Prebe and Congress
Wae 70 set DAY to 10 Ed
M. Rice. The conversation that day was In re-
gard TO money. That was what he came in for TO
buy of Rice. He said he would wait until he got
through and then we would go up to Timmons &
HAYES, and we went up there about quarter past
Tour and ordered supper and had it, He request
ed me to go out and get coup e of notes. Invent
in TO Loring, Short & Harmon's and bought some
notes for him and brought them back. He said
OH one out for $1,000 and one for $500 and l did
MI out both OF them. j finished and passed it to
him and he said, you finish it, your writing
hand, his styographic or fountain pen and /
took the pen and commenced and wrote in this
ss tgs help and put
don't think wrote my name ON the back of
the notes at the time. The $500 note was on nine
~ days or three months and the thousand dollar
note on six months. He made some remark in re-
gard to the date and told him he better date the
notes ahead because was on the road travelling
and didn't know when should be back again.
He said he would make it the 14th, date it a week
ahead. He went home that night. The next day
l did not get home from that trip until the 18th
OF September. showed the $500 note to Tolman
the 18th or 10th Of September and REALIZED i'm.
ceived from him $500 and he receipted this bill
marked "deft. 49," That was on the goth day of
September, 1887. l wrote to Allen at that time,
but my impression is he was up in the Moods
eight OF ten miles away from home, / had bust
ness which look me away from home. About the
27th OF september went to Boston. had been
fortunate TO draw $500 in the Louisiana lottery.
got home from that trip think in two or three
days, wrote Allen again, but got no response
october goth, asking me TO meet him at Edwards
& Walkers at 4.30 p. m. He came in on the goth
Of October and met at Edwards g. Walkers at
Going down Middle street l gave him $500,
had received and told him. He demurred to
the s110 being taken out. / told him had got
TO have discount and that Tolman had taken
talk and told him that was the best / could do
for him: He wanted TO know what 1 could do
about the one Thousand dollar note and / told
him would talk ahout Mt No
went down Middle and Exchange to Rice's and If
remember rightly called into Robinson's. From
came back to Timmons s Hawes's it was quite
wanted me to press this matter Of the thousand
dollar note as he wanted the cash for that l
asked him what his great :strait: was and he
machinery in the place and he wanted money to
help him along and pay installments that were
coming due on other machinery that he owed for.
he also SAID that the treasurer was pressing him
hard on his collection for taxes / went down to
the station with him. s.s
have some money, and d. quick. He tele-
last day of November, that he was coming in the
last of November or first of December received
letter with little slip In it, which was writ
ten ten keep stit upper lip and do your part Of
on the $1,000 note.
About the 9th or 9th Of December, got the
from Tolman on that note only 500. He gave
me eEeoe i9r $3.50 on groceries and retained as
Allen came in here on the stn. AT that time
met him at the corner of Preble and Congress-
streets; told him what had received, and he
was indignant to think Mr. Toman had taken ont inf
$50 for his shave on the pnOte and e0uaiv 90 to
think had taken $3.50 cut to my account toid
him didn't know but that was the only way we
could ever get any settlement; that / had tried
and tried, and that was the only way could eet
any money from him. He said he guessed the
first thing he would do with the money would be
to go to the bank and pay the 5000 note 1t
wasn't then quite due. He told me he had anoth-
er note that came due on the 18th, which was a
week from Saturday, land he didn't know how in
going to leave him 5000 to meet the other note Of
1878: went down with him to the Canal Ma
He came out with the note, tore off the Signature
tore il up and threw ii into the street and put the
note in his pocket.
met him at the usual place, corner of Congress
and an Prebe streets. We vent toL Edwardss and
where he had note TO paw. and then TO Rice's'
and left him down ON Exchange street some
where, for my wife and baby were sick at the
time and went home and told him / would see
elm later. afterwards met him at TimmOns &
hawess. had been dunning him for money to
s sen s up my account he produced this blank
MAKE MAJ out another note. / asked him how much
anu hS Sala make It out for five hundred or thou
SAND collars. 1 told him / didn't care to do it,
guessed wouldn't told him I wanted some
money Dad. He said he wanted 5000 and he had
goT raD o he p S then and the middle of
JAN ay u ne Haa got 70 sink. He produced this
as 1t stands. There was other conversation thai |
/ don't remember word for word When I aot ~ |
the signature part of the note requested I'm ~
sign ii, telling him had Thousand dollar one e
out with his name attached TO it. He said Coo |
ahead"
II was his suggestion to make the note s455
He was TO have 5000 of II and was TO have The
balance to 60 on my account.
4 think gave the g466 note TO Tolman within
a day or two after / received it, but don't think
ANYTHING received il until the last dau of