The Portland daily press., 1889-04-12
PROPERTY OF MRS. SARAH A. PREBlE.
Were the WORDS on the soiids Bought
by Bates & walIey7
Judge Colt Hearing the Motion for
Re-openIng the Case.
The latest Phase OF FarmIngton's
Historic Litigation.

BosToN, April i1.=-1n the United States
Circuit Court this forenooni before Judge
Colt, the hearing on the motion for a new
trlrl in the case of Sarah A. Preble VS.. Bates
& Valley, brokers, was resumed. This mo-
tion is made on the grounds that the verdict
for the plaintiffs was against the weight Of
evidence and the instructions OF the court
that the amount awarded was excessive, and
that new evidence OF material nature had
been discovered.
Yesterday, Mr. Hoar, for the defence, ar
gued for the motion ON the ground that new
evidence was introduced In the course of the
last trial, which could not then be contro-
verted, but which he could now dsproye.
This testimony was that five Chicago sewer
age bonds, part of the property alleged to
have been sold by Bates & Valley, bore
across their face the words Property Of Sa-
rah A. Preble." These bonds are now in the
possession of Brewster, Cobb & Esterbrook
OF this city. Mr.. Hoar claims that the words
in question are not now, and never were on
the bonds.
Gen. Butler began line of questions tend
ing to show that the writing may have been
cut Off together with the coupons. Mr..
Bates, senior member of the firm, testified as
to his connection with the bonds in question.
sending to Chicago for them Dec. 18th, and
receiving them Dec. a. 1888. He did not
till then know that they were still in exist
ence. The fifth bond was sold by Edward
Preble himself to Mr.. Cobb, Mr.. Bates says.
Next the testimony of Edward Preble in
the last case was read by Attorney Southland.
One Of the first things read was that the
words Property Of Sarah A Preble" were
written across the face Of the bonds.
Mr.. Sawyer, an expert in handwriting, tes-
titled that the word Edward. in the assign
ment written on the back of the bond put iu
as testimony, which read, 'For value receiv-
ed l hereby assign the within bond to Ed
ward Preble of Portland, in the State Of
Maine," appears to have been changed from
something else, possibly Sarah A. to Ed
ward. The handwriting is different, and
there are signs Of erasure or Dlotting.
Today l.. Q. Southland, who appeared
with Gen. b. +. Butler to oppose the motion,
offered an affidavit Of Mrs. Sarah A. Preble,
dated Portland, Me-. Jan. %, 1889. in which
she deposed that United States bond No.
$40, of the denomination of $500, was pur-
chased Tor her by an agent in 1862 or 1868,
and that 1t was ind0rsed with her name.
This Endorsement she Lad never authorized
any one to alter or change in any form what
ever. Samuel Hoar, who with VIM. Sullivan
appeared for Bates & Valley, objected to the
introduction of the affidavit as evidence.
Gen. Butler replied to Mr.. Hoar's argu-
ment, and this brought on general discus
sion upon the admissibility of affidavits In
general. Judge Colt was inclined to think
that the rules Of the court would preclude
the admission Of such affidavits, though the
agreement between counsel might have some
bearing upon it,
Mr.. Hoar thought the particular affidavits
in question were irrelevant, inasmuch as the
bonds referred to had not been included in
the original case. He reviewed the evidence
in the case in support of his argument, and
repeated the testimony of young Preble, in
which he said that his mothers name was
written on certain bonds.
General Butler gave what he termed ''the
exact conditions of the case" and c0ntended
that the other side had had a perfectly fair
trial. He thought it rather strange that his
set aside on point which he himself had
not thought it worth while to set up in the
original trial. Referring to the condition of
the bonds, he thought it impossible that any
thing new bearing on that point could have
ed wealth of bonds and the coupons which
had been cut off them.
AS to the claim of the other side, that they
had newly discovered evidence, contradict
ing his witness Edward Preble); there was
proof positive that in each case where he
had sworn that his mothers name was on
the bonds, the name had been there, but had
been erased s'by those rascals." There is
nothing whatever that will justify the court
in ordering new trial in this case, he
thought.
Judge Colt reminded the counsel that this
was not hearing to determine the merits
OF the case. and suggested that it would
simplify matters If Mr.. Hoar should con-
fine his motion simply to the fact that new
evidence tending to show that there was no
been discovered