The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-01
Trial to Find Owner of
Shoe Store.
Mr.. Maine Explained About
the Money Account.
Several Expert Shoe Buyers Testi-
fled in Judge Spink's Court

The continued case of Herbert s. Hor-
ton VS.. Herbert Il. Maine received an
other hearing before Judge Sphinx in the
Municipal Court this afternoon. II was
not.April Fool joke, either, for Lawyer
Miller started out with the intention of
finding out whether Mr.. Maine owned
Mr.. Horizons shoe store or not. He re-
quested permission to ask some further
questions, and began by asking Mr..
Maine whether the account of the estate
as submitted was true account, show
ing that MIR. Horton actually owed Mr..
Maine. Mr.. Maine explained that the ac-
count was for all money that came into his
hands, including the money paid for rent
OF the store. Mr.. Miller tried TO find out
how Mr.. Maine accounted for money paid
out of III. y Horizons store and then put
the item in as personal claim. Mr..
Maine said that whatever the court
allowed him to pay out as guardian is
one thing, and whatever may be left the
court Will receive.
Mr.. Miller tried to find out whether
Mr.. Maine ever received the $500 for the
sale of the store, and then tried TO show
that MIR. Maine had contradioted himself
concerning the matter and that he denied
that his previous testimony was false.
Mr.. Maine testified that Mr.. Goodwin
paid him the grsater pare OF the purchase
money An argument arose as to
whether Mr. Miller mad the right to in
quire about the relations existing be-
tween the men on accoxsst OF the sale.
Mr.. Baker showed that Mr.. Maine was TO
give to the court whatever belonged to
the case ana Judge Sphinx sustained him
by saying that Mr.. Miller's questions and
intents were immateriai. The settling of
the account as guardian Is one thing and
as mortgage is another.
The plaintiffs then went into Mr..
Names bank book and MIR. Miller asked
who -. III. j." might be, those initials
appearing repeatedly In the book. Mr..
Maine explained that that was only pri-
vate memoranda of money which came in
from sales and on account and 81. III.
j." Is the head bookkepeer for Arnold a.
Maine, and the moneys were turned In
and the initials set down TO show what
ii meant.
The money was all accounted for.
Mr.. Miller tried to show that Mr.. Maine
did not try to advertise the sale of the
shoe store by putting up posters around
town. Mr. Maine told that he paid
Auctioneer Herrick TO see that posters
were properly put up.
Mr.. Miller then tried TO show that Mr..
Maine compromised himself by telling
one John Corson that he practically own
ed the store and after everything was set
tied he would decide which young man
he wanted to run the store. In response
To the question whether he told one y. Il.
Stone OF Boston that he was running the
store ana wanted one of his cash railway
systems, Mr. Maine said he would not
swear.
MIR. Horace n. Peck was called and
sworn and said he worked for X. q. Dun
* Company's mercantile agency. He tes-
titled to calling up Arnold q Maine on
the telephone and asked Mr.. Maine il he
was partner of C. A. Goodwin * Com
pany and would be responsible for them.
The reply was "yes.p Mr.. Maine also
told the witness that he bought out Mr..
Horizons business.
Mr.. Baker cross examined Mr.. Peck and
found that he had talked with nobody
about the reliability of the firm except
MIR. Goodwin.
B. NJ Wilson, Jr., was the next witness
and works for BrRdstreet. He had a con-
versation with Mr.. Maine, In the store, on
the fourth or fifth of February, and Mr..
Maine said he was general partner in
{. A. Goodwin & Company's and that he
was worth upward of $50, 1000 and also
said: "We have upwards of S15, 900 invest
eel in the business of {. A. Goodwin Il
Company"
Cross examined, Mr.. Wilson had known
Mr.. Maine some time, in n business way,
but knew nobody else concei ned.
Mr.. l.. l.. Whitehouse was next called
and stated that he was snoe buyer for
Shepard & Company. He examined the
stock of the White Shoe store on the
Thursday aud Saturday previous to the
auction and found il in very good condi-
ton. He said very small proportion of
the stock was old stock and ii had the evil
dence OF being we'll taken care of.
He had made the remark to Mr.. Maine
that the stock at forced sale would not
bring over so or co ptr cent OF its worth,
but he never said it was not worth from
so to GO per cent. OF its cost. He thought
the stock should be worth 90 or 95 cents
on a dollar.
Mr.. Baker insisted on witness being ex-
amined TO show that he Is an expert, and
Mr.. Whitehouse said he had bought out
several stores and knew whereof he testi-
fed.
Cross-examined the witness fourd il
difficult to show what the "good wili' OF
a business signifies, because he wanted TO
get bold OF the stock In question for Shep-
ard & Company to sell out at bank.
rupt sale. Consequently his val
uation evidently did not have much
weight. Mr.. Whitehouse was carefully
and quietly questioned by Mr. Baber and
ment nobody would have been likely to
pay 90 or 90 per cent on the cost of the
stock.
Albert L. Leighton, shoe buyer for l.
ID. Newell d Son, gave similar testimony
and on cross examination was satisfied
that at forced sale 20 TO 30 per cent.
would be a fair price fer the stock.
James Garvin was formerly employed
at the White Shoe store and was one OF
the appraisers of the estate OF N. s. Hor-
ton, appointed by the court, but made no
appraisal lie did make an inventory in
January, but never told Mr.. Maine that
those fixtures were worth s700.
witness never told III. r. Maine that
the inventory was taken too high, nor
that II was not taken correctly. Witness
did not think the stock was inventoried
too low.
The patrol wagon of the Wickenden
street police station has been located at
the Central station during the day owing