Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-10-14
The Sentence Judge Webb In
posed on tI.Cashier PerciVal.
Powerful Pleas That Were Made ia ths
E.rIns Mans Favor.
The Doctor, Nj, He Has but IA Few
Months TO Live.

| been transacted, such IS calling the docket,
impaneiling the jury, etc, Pereival was
brought into the court room. He was
accompanied by bis counsel, Hon. Seth NJ.
| Carter, and DR.. W. X. 0skes, OF Auburn.
| He was dressed in dark clothes, heavy dark
| overcoAt, and wore gloves. He walked by
the aid nf = cane. He appeared feeble and
his face had an extremely panied expression.
| The prisoner took a seat, the dock and
two indictments were read to him by the
| clerk. The fret indictment charged mis-
| application Of $40 600 Of the funds Of tho
| bank. ard the second charge was making
false entry.
| When a.ked whether he was guilty or
not guilty, the prisoner replied in whisper.
| guilty" at the same time being scarcely
| able to control bis emotion, the quivering
| of his lips and the working OF his features
showing plainly the severe mental struggle
he vs.. undergoing. To the second indict-
men, he plesded guilty, the same a. to the
| first.
District Attorney Dyer than moved for
sentence on the frat indictment, charging
misspplicstion Of funds. The district Al
,orney the attempted to make statsment
| to the court, reviewing the general facts OF
the case. begioning by saving that the
whole amount Of shortage amounted to
$3.50 900,
Judge Webb ruled that the statement
must be confined strictly to the facts set
forth in the Indictment, to which the
prisoner had pleaded guilty, and the dis
trict attorney accordingly go limited his re-
marks. lie said the minimum sentence
would be Il We years and he had no desire to
add to this.
Hon. J. W. Symouds then asked per-
mission to introduce testimony ~ to the
physical condition Of the prisoner, and this
was accorded BY the court. .
Dr.. W. X. OAkes Of Auburn testified
that Mr.. PeTcival had been under his care
for two or three years The prisoner, be
said, is suffering from phthsis, or con-
sumption Of the lsrynx. For long time
he has been unable to speak above = vhis-
per. For eight months or more be has
cou ahed up blood. The bullet with which
be tried to commit suicide still remsios IN
his head, affecting his eyes badly. In his
Judgment the prisoner has only few
months to live.
DR.. g. II. Weeks of this city corrobo-
rated DR.. Oakes's testimony. He said he
carefully exomioed thu prisoner on the 9TH
instant. He found there were pronounced
symptoms Of consumption, such as loss OF
weight, quckening of the pulse, raising Of
the temperature. He has consumption of
the lsrynx and his left lung is also stt aeted.
He thought the time the prisoner has to
bve would be measured by months rather
than wears and gave it as his decided opin-
ion that he could not possibly survive
lon ger than two years.
Hon. Seth NJ. Carter then asked permls-
sinn to make 3 statement about the general
facts Of the case, touching to some extent
matters not named in the indictment.
Judge Webb grained permission, say iDg
ths, he should also give the district attorney
sn opportunity to reply with the same
scope.
MIR Carter said that Marshall &. Percivai
was born in Wsterville in August, 1862,
and there began his business career in the
savings bank.
At the age OF %. after spending year
in private business, he came to Auburn and
became the cashier Of the Nstionsl Shoe
and ,eather Bank in March, 1873. The
directors were men 10 large business
enterprises, m.j .rity OF the board
having had no experience IN banking.
There was the fierce rivalry of the other
banks in Lewiston and Auburn. which re-
ouired the persistent effort Of some one and
that someone had to be the young and
Jealous cashier.
The directors had not time to attend to
details and the management OF ahalrs de-
volved upon Percivsl. He arranged and
planned, they approved He became the
actiye executive officer, and he won the un-
questioned confidence of bis directors. The
management de volved more and more upon
him until be grew more And more to lose
the distinction between I'e1c val the cashier
and Per cvsl the man, and this, too, at the
very time when that distinction should have
been kept IN mind clear and sharp.
The bank met with its first direct loss in
the fsilure in 1879 of the Dennison Paper
manufactory. Then the shoe business
changed, passed through period of transl-
rion and money failures followed. That OF
l.. B. Kinsley & Co., was the first, then
followed the failure Of and suicide OF Mr.
Randall. . vice president Of the bank.
In 1882 Moses Crate, one Of the largest
manufacturers, who Was owing the bank
500 Oo0, came to Percivsl in trouble. He
could not meet bis payments and was ruined.
The failure of that concern meant fnan-
cial wreck, and the pre- babls fsilure OF the
bank. Mr. Percivsl formed = new corpor-
ton, and conducted the business with Mr..
Crafts, Mr. Cushman and himself IS stock
holders. II assumed the debts OF Mr..
Crafts, and paid them, but only at great
strain upon ,he private resources of the
stockholders.
1t is undoubtedly the same old story of
man fndirg himself involved snd working
on trying to get out Of it, hoping againsf
hope. He recogn ID the danger Of death
and had his life insured for q large sum to
prote CT the bank. Using the funds OF the
bank for the prose cution of these enter-
prises he was working IS be bel eyed for ts
ultimate good Mr.. Carter than read the
folio wing letter written by NJ. Percival
lust before his stse mpt suicide last spring
AuBuRs, April ~. 1891.
To Ara Cusbmsn ald all Friends
am ruined man in body, mind aud
estate. have sacrificed health, property
ard character in my efforts to repair errors
of judgment Of years sgo, in effort 10 pro-
tees the nterss OF the bspk.
II hiss been in vain. The mistake is ire
parabls. The time has arrived when
cannot protect myself, and hands, brain and
friends will soon fail. Under these ctrcum-
stances only one thing remains that | can
do to repair. 90 far as an able, the wrong
which have dore.
Nv business Gsir, are in such condition
that can never do them justice. l must
add the sacrifice Of life Itself. For what
have done and what am sb III to do
rrsy for forgiveness from God and man.
God bless you. We shall meet again.
Good bye.
M PEKcIViL,
Judge Symonds followed Mr.. Carter.
He said the case was terribly sad and
dreafy in all its details, buv he was sure be
couIi sho~ that there Ners extenuating
circumstances He then proceeded TO make
4 most powerful plea in the prisoners be-
| half. He called attention to the fsct that
the prisoner is not charged with emb zzllng
the fun 10 OF the bank And spplying them to
his own gain and advantage. bus with mis-
application Of them. the means he en-
! ploy ed were criminal no one can deny, but
| bis motives were not so. He never intend
! ed to d.fraud the bank Judge Sgmonds
thea reviewed the circumstances OF the
banks loss and the wrong doing of the
| prisoner, ly in the h1e laid down by
| Mr.. Carter. A; the close he asked the
I court TO postpone the i'm posing of the
sentence, 20 that il the man must die
soon ne may dia Al ii, hcms instead OF IN
prison. He described his family connsc-
rions and the sofsring already Inflicted on
innocent persons. II the court could not
continue the case for sentence then he
asksd for - hight pspsity as possible
OF der the circumst4ncss. The plea BY
Judge Symords vas listened to by all
present with tha most intensa interest II
was . most eloquent and touching appeal
} in the prisoners behalf. At times the
prisoner himself, ~ the speaker touched