The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-09-21
FRANK D. MCCARTHY TRIED.
He Is Accused of Stealing Goods from the
Atkinson Furnishing Company.

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Frank d. Mccarthy was put upon trial
before the second jury in the Superior
Court yesterday, charged with the larce-
ny of quantity of gentlemen's furnish
ing goods from the Atkinson Furnishing
Company, while in the employment of
that firm. The articles alleged to have
been stolen are II shirts of the value of
81 each, one shirt valued at $1.50, five
neckties of the aggregate value of 50. so,
seven pairs of hose of the value of $3.50,
two pairs of shoes of the value of So
each, three pairs of gloves lof the value
of 1925 each. and another pair worth 81.
Mccarthy was employed as salesman at
salary of $12 week. He was in the
gentlemen's furnishing goods business
for himself on Middle street from 1888
to 1890, and then went into insolvency.
He worked for the Atkinson Company
from March, 1892, until July 3, 1884,
j. G. Sterling, deputy marshal, was
the first witness called by the govern
ment. and testified to finding the goods
mentioned in the Indictment at No. 10
School street. Mccarthy lives in one
part of the house, and his father and
mother and two brothers occupy the
other part. In the boys room he found
a dozen shirts in boxes. In respondent
dressing case, in his room, he found sew
en- more shirts, II pairs of socks and six
pairs Of gloves. None of the socks or
shirts had been worn: the neckties and
gloves are nearly if not quite new, and
show no wear. Mccarthy was not at
home at the time of the search. After
his arrest, when shown the goods in the
marshaFs office, he denied ali knowledge
of them. Mr.. harrington, superintend-
ent at the Atkinson Company, said ahey
were goods from that store. Mccarthy
replied, '.Well. you didn't find them in
my room,'' and repeated that remark
several times.
officer J. A. Pickett testified to finding
two pairs of new shoes in a closet of the
room occupied by John and Jerry, the
brothers of Mccarthy. He corroborated
the testimony of Deputy Marshal Ster-
ling as to the statements of Mccarthy
after his arrest, as did also Marshal
Trickey.
Fred R. harrington identified the goods
as the same class of goods kept by their
house. Some of the neckties had the
cost mark of the company upon them.
His testimony upon this point was rem
dered immaterial by the fact that Nc
earthly, in his testimony, admitted that
all of the goods except four pairs of
gloves, came from the stock of the At
kinson Company Mr.. harrington testi-
fled to the method of keeping account of
sales used by the company Each sales
man. when making cash sale, enters
his name on slip, the name of the arti-
Gle sold, the number of the lot it is TAX
en- from, the price of the article and
amount of money received. The slips
are dated and are carefully preserved in
the cashiers office. Slips are not re-
sceived by the cashier without the cash
accompanies them. They have different
slip for purchases where credit is given.
George Fl. Martin, credit clerk at the
Atkinson Company, testified that at the
time of the failure of the company Nc
earthly was owing the company over
800 and was paying 80 per week upon
the account. The assignees wanted him
to pay So per week. Mccarthy said he
couldn't do it and pay his living expenses
dlltl ub Was dllOWGQ W COuLluuc W uIdW
his salary except 81 week.
William j. Cooney, head 5ookkeeper,
testified that he had examined the cash
slips in his office sent in by Mccarthy
since December, 1892, when the compa-
ny shut down on giving Mccarthy credit
for goods and all he could find were
slips for three white shirts. He also
found sale of one pair of gloves, such
as those found in McCarthy's room and
that sale was made by Mr.. Thompson.
This completed the governments case.
Frank D. Mccarthy took the stand.
He said he had wife and two small
children. He lived with his father and
mother, but paid no board or rent. The
seven shirts found in his room he bought
of the Atkinson Company for himself.
The dozen found in the boys room he
purchased as a present to them. The
shoes he purchased of Mr.. Young, the
superintendent of the shoe department
after the assignees took possession, be-.
cause they were a good trade; he paid 81.
pair and the retail price was So or ST..
The neckties and socks he purchased
from time to time as lie needed them. In
each case he made out the proper slip
companied by the proper amount of
CotioAi3 NhlSil Wfo ~ PNA SSAe StoSON-Ae
from the retail price up to the time of
the failure; after that it was 10 per cent
added to the cost price.
Three pairs of the gloves he said came
from his old stock of goods when he was
in trade on Middle street in 1890. One
pair was purchased by his brother and
the others he purchased himself.
Julian F. Young, formerly manager Of
the shoe department of the Atkinson
Company, testified that in March or
April, 1893, he sold to Mccarthy two
pairs of shoes like the ones produced
here for about $4.25 per pair: that he
sent in the proper slips for them to the
cashiers office. naAa
McCarthy's wife testified to his bring
ing home the articles and that there was
no concealment of them. She said the
shoes were found in her husbands closet
and not in the closet in the boys room
as testified to by Officer Pickett.
The state recalled Officer Pickett who
stated positively that the shoes were
found in the boys closet
Mr.. Cooney was recalled and said there
was no such slip on file in his Office
showing a sale of this class of shoes by
NJ. uos,,n 80, ATorob or A nril for INV