The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-04

Mr.. Bird took an exception. Judge Webt
stated that this would preclude the pro-
duction of testimony In the defendants
behalf. Thereupon MIR. Bird withdrew
his motion, with the idea OF Offering IL
later after the testimony had been given.
The opening Of the defendants cass
was then made by Hon. Clarence Hale,
who first read the statute under which the
case was proceeding. The United states
conducted its post office for proper bust
ness and social letters. but not for pur-
poses OF fraud. The defendant was
charged with using the mails for pur-
poses of fraud. But the defense claimed
that MIR. Terry had been engaged in a
proper business transaction, and not in
any scheme to defraud. They proposed
to put the defendant himself on the
stand, and he would tell them that he
was carrying on his business according to
proper business methods. The intent--and
the intent was the vital thing-would be
shown to be perfectly proper. He intend
ed to earn u dollar for himself and for
those whom he employed, and this was
perfectly proper. Everything offered by
the government tended to show that he
had built up large business, sending
out many letters, .and getting many
people interested in his plans. He was
in the business but short time, only
from December 1897, to February Il, ls9s.
A fugitive err Dr. or two might have crept
in, but the whole business should not De
Judged by that The scheme OF instruc'
lions was such that people who ioiioweu
them could make money and did make
money, as would be shown by testim ony.
When the afternoon session began, AT
torney Gene al Haines called an impress
siye array of witnesses. principally from
Watervile headed by Mayor Philborok,
of that city, and including State Sen
ator Perham 5. Heald.
The first witness was Mrs. X. j. Kicker,
of Gardiner, a woman of middle age, who
testified that last January she saw the
advertisement of the Fairfield Floral
Company and sen t 3! cents for the be-
qinner's outfit. She then sent for 40
dozen flowers, paying therefor $40 she
finished them in about four days and
half and sent them back, getting therefor
$50 making herself profit of ten dol
lars The company did by her as they
she said she did not send for II rev lot of
flowers because she heard that no more
were be.put out
Warren G. Philbrook. of Waterville,
Mayor of the city, testified that he had
known George Fred Terry for ten years'
and that his reputation in the com
munity was good.
perham S. Head, of Watervilie, State
Senator, testified that he had been citi-
zen of that place since 1861 and had
known Mr.. Terry since he was IA boy, and
testified that his reputation was guod.
W. H. Abbott. Superintendent of the
Lockwood Mills, of Materville, Ex-Mayo or
Nathaniel Meader, Judge Frank X. Shaw
of the Municipal Court OF Wateryllle.
City Marshal Charles p. Davis. and
Sheriff Andrew l.. McFadden. of Kenne-
bee County, an old resident Of Wateryille,
ell gave utterance to an emphatic good"
when Attorney General Haines asked
what was Mr., Terry's reputation in
haterville.
Miss Alice J. Hayden, of Wateryille,
who had been called in the forenoon by
the government, was called by the de-
tense. She testified as to the general
course of business, and said that the con
3erp never received any money for which
they did not return goods. Many letters
xrit hot annId he
read. An effort was generally made to
find out from the postmaster the names
of the writer's of such letters. Witness
also testified that those who wished to
make the flowers were not required to
take $40 worth of stock; but that when
they wrote saying that they were not sat
isfied with the terms letters We're sent to
them arranging for taking smaller
amounts. Copies of the circular letters
sent out in the Course of this transaction
W ere offered IL evidence.
On cross,examination by District At
tornay Dyer, Miss Hayden said that she
could not identify the dates of the circu
lars presented by Attorney General
Yaipes, as tending to show the good faith
of the company. She could not say
whether they were used before or after
February 81, 1897. They We're required
both before and after that data in the
course of business, and were used.
Miss Mabel p. Bumpus of Oxford was
next called. but was withdrawn as her
with the Floral company
we're found to have been after February
81. S9S.
Mrs. +. d. Brown of Fairfield, Me-,
testified that she branched flowers for the