The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-12-16


In the Probate court yesterday, the
case in relation to the trustees OF the
Warren estate was continued, Trustee
Oxnard still continuing on the stand,
and MIR. Hanno W. Gage as counsel for
the petitioners continuing the examina-
ton. After some few preliminary
questions as to the proposals for a
division of the estate made several years
ago, the line of inquiry was directed
towards the note of William and Alfred
d. Warren fors s3l 900, which, as was
claimed yesterday, was held by the
estate and compromised for $4,000. In
the course of this inquiry Mr.. Gage asked:
"Did you not know that the note for
S31, 900 was not in reality q binding note,
that there was no consideration given for
it, and that it was given TO George
Warren, the testator, in case any diff
Guilty arose as to the Warren Thread
company, which Mr.. Warren was back
ing by guaranteeing his two sons note
FOR 81 {, 1000 in the Worcester bank?"
81 did not know So"
aWere you not so informed by Mr..
William Warren?"
81 may have been. It was twenty Years
ago and l am not Clear"
"Was not, as a matter of fact, the four
thousand dollars given by William and
Alfred Warren in compromise of the
claims of the estate against them, meant
to compromise the note of $4,000 anc
not that for S31 COOP"
MIR. Oxnard was not quite clear CT this
point; but when Mr.. Gage read the
papers of compromise made at that
time, he recalled that the $4,000 was paid
in compromise of the rote of $4,000
only, which the trustees had been
obliged to pay.
Mr.. Gage then took up the loan OF $500
made by the trustees to William Warren
OF Worcester, April Is, 1876. This loan,
which was secured by mortgage,
amounted to S2O49 last September.
After William Warren and others had
fled the petition for ousting the
trustees, Mr.. Oxnard had sent letters TO
William Warren asking for the payment
of portion of this note, as the money
was needed for taxes. MIR. William
Warren had sent some money in response
to that.
Mr.. Gage then developed that the trus-
tees had loaned about $1,000 to Mrs. Moen,
sister of Mr.. Cram, the trustee.
Question-"Was not that secured by
a second mortgage?"
Answer-"Yes, but on valuable
property
Q.-"Was not that loan made after this
petition against the trustee?n
A.-"No."
Q.-But it was after you had been in
formed in Mr.. Strout's Office that such
move was likely to be NADER"
A.-"I believe it was"
MI. Calvin M. Cram,
the other trustee, was next called. He
testified that he resided in New York
city. When Mr.. George Warren died he
lived in Mechanic Falls and was con-
nected with the Dennison Paper Manu-
featuring company. He left there in
July, 1888 and went to New York city.
Mr.. Gage then questioned:
"You were interested in the company"
AT was an officer and stakeholder in
the corporation"
How large a stockholdersn
'Am called on to give that informa-
tion?"
Judge Symonds-"I object"
Judge Peabody" Excluded
Mr.. Gage-"I think this question is
pertinent. One of the allegations in this
writ il. that the pecuniary responsibility
of this man has changed. We want to
ascertain that"
Judge Symonds--"I do not think this
line of inquiry IL justified. He has as
much property now as ever.
Mir. S. C. Strout-" That is what we want
to find out"
Judge Peabody-"I do not think we
ought to go into all the minutiae Of
mans property
Mr.. Strout-"We do not want TO oillto
detail; but we want to know his financial
standing. The personal responsibility Of
a trustee is matter of high Importance"
Judge Symonds--"I insist that any
thing more than a general statement
from this witness is out OF order. Ii the
other side wish to esta blisa that he Is
not In good financial condition, when he
declares that he is, let them introduce
their Witnesses"
Judge Peabody affirmed his decision.
Then Mr.. Gage asked
We're you man of propertyin 1874Y"
Mr. cram" OF very limited property
WAS the DennisCn company prosper
ous?n
1T was doing large business in 1874.
do not remem Der as to it's degree of
prosperity. 1t failed four or five years
after severed my connection. "
What did. you do after you went to
New York?'
II took the management of the Fowler
Manufacturing company, a concern en-
gagged in the manufacture of spring beds
and household manufactures and am in
that business now"
"Has that company failed since you
have been there!"
at suspended in 1886, got an extension
and has since paid its obligations, princi-
pal and interest"
Mr.. Gage then went on to the methods
Of bookkeeping. Mr.. Cram testified that
he kept duplicate books with Mr.. Oxnard.
Questioning in relation to these books,
Mr. Gage asked:
"Were you not aware that for several
years after ~. they did not contain an
accurate account OF the business?"
"I believe they did not"
"You know. do You not, that Tor
caxora, x,oor., +ba acpn1ntc rendered hu