Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-05-28
KeIIey's Lawyer Thinks the Act Not
Forgery.
IRON the Minneapolis Times, May a

From the Minneapolis Times, May u
An article was published in the Even
ing Journal of last evening, entitled,
Forged by Kelley stating that Judge
Caldwell of the eighth judicial district of
this state had filed a decision with the
clerk of the court of Scott county. finding
that Austin F. Kelley had forged the
name OF one Albert j. Trull to a release of
a mortgage.
assisted in the trial of that case, and
am perfectly familiar with the evidence
introduced therein, and if the court had
found that l had forged that release, l
should have been no more surprised.
MI Trull has for ten years been placing
money in the hands of A. F. q L. Z. KEEL
ley, to be loaned on real estate securities,
and during that time the Kelleys have
made several loans for him, and have, with
his knowledge and consent, made cOllec-
tions of interest and principals. They
have also made extensions of loans for
him. In accordance with their usual Gus
tom, they have paid to Mr.. Trull the in
terest on all moneys placed in their hands
by him semi-annually, on Jan. and July
l, whether collected by them or not. The
letters of Mr.. Trull show that he expected
them TO pay this interest, whether collected
from borrowers or not. His letters en-
closing coupons, say: when due, please
remit not, when collected, please re-
nit"
The mortgage in question was for 1920,
and was collected and released in 1892, and
the amount was duly credited to Mr.. Trull
on the Kelleys' books. This was at a
time when the Kelley's were doing large
and prosperous business, and considered
themselves, and were generally considered,
worth several hundred thousand dollars.
Furthermore, Mr.. Trull was always ready
to execute and send releases whenever
asked TO do so.
1t would seem preposterous that the
kelleys-enjoying, as they did, an unblem-
lshed business reputation, and being able
TO get release by sending for it-would
forge release for the paltry sum of 1920,
and at the same time credit Mr.. Trull with
the amount on their books 1t is incredi-
bic that such business folly could be COM
mitted, when detection was sure.
A. F. Kelley acted as notary in taking
the acknowledgment of the execution of
this release, as he did of many others of
their Eastern patrons, whom he knew, and
whose signatures he knew. These patrons,
for various reasons, did not wish TO have
II known how much money they had
loaned in the West, and to accommodate
them Mr.. Kelley would take their acknowl-
edgements at long range. Quite a num-
Der of these parties would sign releases in
blank in considerable numbers, and give
them to the Kelleys, TO be filled out and
used when needed.
The testimony was that this release was
received by mail, signed oy Mr.. Trull, but
not acknowledged, and Mr.. Kelley signed
his name, as notary, to the acknowledge
ment, as he had done to numerous others.
This method cannot be approved, but it
is far from forgery.
On the trial, Mr.. Trull testified that he
did not sign it, and there was no evidence
that Mr.. Kelley signed it. On the con-
trary, Mr.. Kelley testified that il was
signed when received by mail. The above
was the evidence on which the court
found forgery by Mr.. Kelley.
1t is very easy for a man, in five years,
to forget that he signed paper
A finding of forgery should be based
only on the clearest proof.
In justice to Mr.. Kelley, as his attorney.
ask you to publish the above.
HAZEN NJ. PARKER.