Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-12-03
CONCLUDE ARGUMENTS IN EQUITY
CASE OF HICHbORN VS.. SHAW
JUDGES DECISION Later

y utCISIUV IhIcn
aIixa,ion Co. had been assigned 70 him.
/ and Of its ultimate proceeds he had
promised the $n,ooo each. II both sur
rived, or to the single survivor. II ooiy
enc should be left He also prontss4 10
| care for certain d their friends. ~
shown in the memorandum letter Of DE-
cember q. 1Slk
| Ailura died IN q few months Az 1
F.. have stated. . sale which Vas abou:
| to be concluded was stopped by her
death To-day the provisions OF the con-
ference Of December y, a. confirmed
/ by the memorandum letter Of December
! = ls1k obtain. Eliza alone survives
/. The promise Of SO 900 is to be kept whca
/ she shall hare assigned her interest as
she is bound to do under her agreement
+; of December =. 1sl4the master agree
ment.
! Where in this chain of events is there
/ Judgment for any accusation Of fraud:
| Surely the plan Of the corporation af-
fords none. Allegations that signatures
| to agreements were fraudulentiy OBJ
tanned fall. not only from want OF proof
but from the meaning Of the agree
| ments, which were obviously agree
/ n1ents for the advantage of the COM
I p,ainant and her sister and not for their
disadvantage.
Sincerity. Good faith! Never in all
the 10 or II years Of his relationship
with Eliza Stanley, who. by the agen-
cy OF Mr.. Hichborn, her consefvator,
makes these severe charges, has Mr..
Shaw said or done one word or deed
which raises such a question Of sinceri-
ty and good faith as is raised against
his real accuser herself By the testi-
mony Of this old lady.
The third chapter Of this story has
to do generally with the transfers of
property from the sisters to the de-
wendant
They had some property when he met
them Generally speaking all OF this
property which has not been parted
with is in his hands now. This is the
fact which has stirred the counsel for
the claimant to Indignation. and 10 the
foundation of this proceeding.
IL is respectfully urged that there is
nothing in this fact that need disturb
even the tender sensibilitiss Of tn.
learned counsel. These were old ladies
the complainant nov being 8 years of
ase- Their conducting their homestead
as farm -'as out of the question, I'M
less they assumed the responsibilities
and anxieties Of directing hired labor.
The good faith shown by the de-
PENDANT in his Interpretation Of the
understandings with the sisters is
plainly shown In the transaction in
regard to Mrs Mouitcn's home. In
this incidtnt, the acts OF the defend
ant are in striking contract with
fraudulent design.
who came in contact with the sisters
frequently. tells us no story Of weak
minded people. easily Influenced
They were bright old ladies. well in
formed in current events, taking
counsel when they required it.
All the transactions involved in
this litigation took place in the DAYS
Of sound mind and quick intelli-
,.gence. They occurred when the de.
PENDANT and his old friends were iiv-
ing happily together. He had come
into their perplexed and sorrowful
lives, and by natural growth ac-
quaintance had become affection. He
rendered them the service a son
would render.
Deception Is nowhere shown.
! The grasping greed Of the fraudu.
lent contriver does not appear. The
4 % ali
claim. Did the defendant think
there was a huge fortune in the
Stanley estate which he could wrong
fully appropriate. when he parted
with two-thirds Of it all to Daggett
& VIII for $4,000 to be expended for
them and himself in taking up the
western stock. Does that not show
that he feared that Eliza would die
before BENJAMIN. in spite of his care.
and that the value Of the estate
would be diminished This is surely
inconsistent with the belief that he
was taking great fortune. He
would not have sold two-thirds Of 1t
so cheaply, If he had believed the
amount so large.
As for Mr. Shaw whose defense
shields all the parties defendant in
these bills, he has stood squarely,
given the truth freely and frankly,
and. We believe. stands clear Of all
charges. He has shown good faith
in all his works, and in the heart of
no man can good faith and fraud live
together.
Attorney HsseIten's Argument
Attorney Heleston's argument was
in part as follows:
The important events connected
! with these bills in equity fall With,
the brief period Of six years-between
. 1910 and Jan. T. 1916. At the begin
ming Of this period We find two old
maiden ladies living upon their
; homestead. embracing 50 acres Of
land, with home suitably furnished,
and with apparent income from this
farm sufficient for their living be-
cause, as Is shown from their savings
bank deposits. they rarely drew any
OF the dividends. Their savings bank
accounts amounted to several thou
sand dollars, and at that time they
had a possible expectancy from q
relative of more than $4,000. They
lived a retiring, almost secluded life.
At the end Of this period they csn.
veyed by warranty deed this home-
stead to stranger. reserving only
the privilege Of living on those
premises during 13f. ooa >~~-i ~