Daily Kennebec journal., 1896-11-16
A FEW QUESTIONS
Suggested by the Willard At
wood Case at Fairfield.
Is He Much at Fault or Is the Charge
Wrongly Made T?
II Ne is an Embezzler. isn't About Every Man
in Business


the arrest and examination of Willard
X. Atwood of this town, on the charge
of embezzlement mentioned exclusive
ly in the Journal, Saturday, there has
been considerable comment on the
method of in which the case was
brought out. Mr.. Atwood has always
been regarded as an honest man and
one that to know was to trust. Like
many another man he has been un-
fortunate in some business transactions
and has twice within a short time been
a loses by fire. He was part owner Oh
Won Helmont, the trotter. and it is said
that he sank $1,000 in the horse.
Mr. Atwood purchased stock of the
STANDARD Fertilizer Co., and for a num-
Der of years had done considerable
business with the company through
their State of Maine agent. The said
agent never doubted Mr. Atwood's $
honesty. or it would seem that period
Of three years would not elapse before
some kind of settlement would be
forced. 1t is understood and in fact it
came in the course of the examination
of the Fertilizer Co, had accepted Mr..
Atwood's notes and two mortgages in
part payment for the amount he owed
the company The agent claims there
is $500 more due. Mr.. Atwood claims
that the company has brought criminal
action against him to recover civil
debt.
Now the case becomes interesting. If
Mr.. Atwood was handling the goods as
agent and appointed by the State agent
to do SO does he owe the Standard Fer
tiliZer Co, anything. it being claimed
by those who believe they know, that
Mr.. Atwood transacted the business
through the State agent Mr.. Phinney.
The question arises: Has Mr.. Atwood
held the money of the Standard Ferti
lizer as stated in the complaint or is he
the debtor to Mr., Phinney?
If the goods were sold to Mr.. Atwood
and whether he used the money re-
ceived or had received nothing himself
even for them, criminal action in the
matter does not seem to be the process
to recover from Mr.. Atwood. If the
latter was acting only as an agent for
the sale of the goods on commission
and authorized to make collections in
behalf of the above named company.
and had made such collections. using
the money for his private benefit, d
charge of embeZZlement may ensue.
Counsel for the defense sets up in
substance that Mr.. Atwood bought the
goods on time or credit that the money
he received for the sale of the goods
was his to use as he had a mind to.
He might have sold COW or a horse
and have paid for the goods out of the
money he received for them. 1t was
not necessary that he should lay by the
money he received for the fertilizer as
he received it; he had right to use it
in his other business contracts just as
every other business man does, every
day in the year and every year of his
business career.
4 Fairfield business man. one who is
prominent in town affairs, said to the
Journal, today:
1T looks to me like a case of prose-
cution. How many business men along
this street do you suppose can pay
every cent they owe, this minute? A
man is just as much an embezZler if he
is short Is cents as $500, if he is an en-
bezzler at all. Strictly speaking, there
is no business man on this street that
has not paid for his stock but what is
an embezzler. if the case against At
wood holds good. If man does not
own goods until he pays for them he
has no right to sell them. and if they
sell them without first paying for them,
they are criminals, according to late
developments. I shudder when l think
of what a criminal l have been in my
day along those same lines"
Another citizen said: 1T is only an
other case of where a perfectly honest
man had made mistakes in investing,
and when his paper fell due he had no
funds to meet it. If Willard Atwood
had been afraid of being hauled over
the Goals for embeZzlement, and had
wanted to save himself he could have
borrowed $500 of me at any time on the
same conditions that l would let it to
any man. He is young man and has
property about him on which he could
raise several thousand dollars If he so
desired. This case looks to me like fore
in the payment of a debt. l should
not worry if had $500 of his paper
Mr. Atwood stands well in this COM
muuitv and his friends stand by him.