Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-14

when they found that Mr.. Baker was ar
guing an important case. that the dis
tinguished advocate from Augusta has
never made a more convincing and logi-
cal argument in any court in this county.
At o'clock Arson Goddard. attorney
for the creditors. began his argument
before Judge Hale. He said that the bur-
den is on the petitioning creditors to
prove that the bankrupt has the money
| in his possession under his control and
that the same belongs to his estate. But
this burden of proof is fully met by show
| ing that the money was in tie bank
rupts possession and control as his own
| funds shortly before bankruptcy. Unless
| this bankrupt can satisfactorily account
for the subsequent disposal of such mon-
| ey, in other words. the burden of proof
| is on the bankrupt to account for ali
property. admitted or proved to have
been in his possession before bankruptcy.
| In this case the bankrupt's story &C.
| counting for the loss of the money is
not only improbable but incredible. His
conduct has been inconsistent. 1t is inn
| probable that he had any such sum OF
money as $1,000 with him. in Boston and
there is direct evidence to prove that he
did not have this money.
| His statements after the loss of the
money are in direct variance with his
subsequent statement. He abandoned all
efforts to recover the money he said he
had lost or which had been stolen from
| him, returned home Immediately and Pc
titioned for bankruptcy.
| Mr.. Goddard said that Penrcy's memo
~ is surprisingly defective as to most
| large transactions involving thousands
of dollars. He failed to remember how
| he got $laGO. But he does remember
wnen he returned home overwhelmed by
his great loss, that the cat met him at
| tie door,
PERHAPS the fact that the cat met him
impressed him as an omen of the success
of his scheme He did large business
but can account for no specific loss of
money except the $1,000 involved here. In
three years he says he has lost every
dollar he has accumulated.
AS a business man he was thoroughly
conversant with business matters and
the advantages of banks and vet he says
he took this money to Boston. amount
ing to 5000, because he did not know how
he could establish his credit there. He
schemed to keep his credit good in Au-
gusta until the time should come when
he could spring his scheme.
He borrowed money on notes and de-
posted money in the banks to keep up
the appearance Of being solvent. while
he perfected his plan.
~, iY,,n CT him
to put 5000 in a pocketbook. Surprising
that $1,000 OF it, giving him all the benefit
of the doubt as to the denomination of
Tie bills. had been in $3.50 bills. That
would haSe been 1ea bills which. closely
compacted. would have been an inch and
a hale in thickness.
Surprising that the other $4,000 were all
in $40 bills; that would have made anoth-
err package an inch and a half thick. Al
together this would have been two inch
es thick. giving him the benefit of all
the doubts.
Do you suppose. said Mr. Goddard, that
this man would have wandered around
Boston n week with a pocketbooll in his
outside pocket as thick as a brick. taking
all the opportunities of losing it and fire.
quenting sales stables and other places
where questionable characters are to be
found?
Mr.. Penney inadvertently showed his
pocketbook in Boston to Mr.. Harris at
the Boston sales stables and Mr.. Harris
has testified that the pocketbooll he saw
could not possibly have contained mora
than 500.
Another fatal error of Penney's is that
when he got back to Augusta and recll-
oned up how many bills it would take to
make $1,000, he then claimed he got $500
bill at an Augusta bank and Treoy John
son, cashier OF the Granite National
Bank. says that he hasn't seen a 500 bill
in Augusta in years.
This $500 bill ought to be enough to
discredit Penney's whole story.
Another thing which discredits the sto-
ry is that the Boston inspectors, Rooney
and McCauley. asked him to remain in
Boston to help them prosecute the search
for the money. but he went back to Au-
gusta and never SO much as inquired
what these mems names were or whether
they had found any clew to his lost mon
ey because he krew no money had ever