The New York herald., 1878-02-20
LAWYER And CLIENT.
James Lorimer Graham Ar
rested by the Sheriff.
MRS. INGALLS, TRUSTS.
He Is Charged with Having Mis-
appropriated Them.

Mr.. James Lorimsr Graham. aged lawyer we'll
known to the citizens OF New York. was arrested by
Sheriff Reilly yesterday and late last night was still
in the custody Of ono Of hts deputies The order Of
arrest was granted by Judge Donohue upon the adi-
davis OF Mra Elizabeth Mccall. who s venerable
widow OF soventy-nve years aud cousin Of Graham.
She charges him with misappropriating some OF the
property which he held In trust for her and her
children. Bail was fixed at $4,000, and not being
able to procure the full amount Graham was prisoner
In his own house after the hours Of business.
WIDOWS AFFIDAVIT.
Mrs. Mccall, utter setting forth in her afidavit
that she No. IL West Tenth street. and that
she is the widow OF John H. Mccall, says:-On or
about February 1885, she held in her own right and
for her children property to the amount of $4,000.
Being compelled TO take her son to Europe about
that time for his health she spoke to James
Lorimcr Graham, then attorney and counsellor-at
law reference TO taking The charge anQ manage
ment OF the property He consented to do and the
night before she left the country he presented for her
signature a paper which she signed without reading
Her confidence IN hin was nnbounded and until jan
uary, 1876 she could have placed her signature upon
any paper without insp seton at his request The
paper proved 10 be power OF attorney
giving him full powers TO sell and convey
her properly aud to collect compromise
any all claims due hcr and to draw checks In her
name, without limit, as he deemed BEST The power
of attorney not revoked when she returned from
Europe. Her confidence in him was still undimin-
ished and she still let him control tho estate. lu the
year 1861 according to statement rendered. he held
invested for Mrs. McCal's estate as folows:Edward
McComber, bond aud mortgage So, 400; John La
Fargo, hond and mortgage. So0 l.. D. Conan, oond
ana more .ge, So 6oo; b. +. Pinckney bond ana mort
gage S. 500; Robert Orr, bond aud mortgage $4 $780,
j. Varnum. nole $947 n; Ocean Steam Coal Com
pauy 200 shares 500 OOo Me.rotolit Bank, twenty
hve shares, 81 500; James l.. Graham, nole So, 50O
James L. Graham, bond, $S33 20: James L. Graham,
given 10 TINS statement cy Mrs Mccall but even then
appears that the accused had used ~ 432 IA OF the
iunds of the estate and placed the same to his debit
Subsequent state rendered, but the INCOME
of Mrs. McCAl being regularly paid they were un-
heeied. Grahams de0t to the estate, however, was
INVESTMENTS AND MORTGAGES.
In 1868 another statement showed the estate 10 be-
Bank, nifty shares, $l,250; Milwaukee and S. Paul
Railroad bonds, $3 000 house and lot No. l02 Ninth
solidated Coal Company, 800 shares, SIC ooo James
L. Graham, cash. $25 900; James L. Granan, ac-
count 70 wn,cn was stated 20 ye,o @ an ,ncO%o
lures To secure Mrs. Mccall the $25000 men.
TONED above. Graham made an assigD ment Of
ieasehoid he OF mis- residence, No. 20 Washing
ton square, which assignment WAS dated April 20,
1868, and was 10 become vod when the amount was
ment was received without investigatlon or inquiry.
In with this paper more fragrant fraud
when IL was gwen TO Mrs. Mccall OF which fact she was
Ignorant In January 1872 as alterward learned,
secure the sum OF $1,000, which was placed on
record, without giving Mrs. Elizabetn Mccall notice,
PREMISES IN deroruton OF the lien he udusea ner to
believe had been given her, The next January no
gave another mortgage to tne same person ior 600
upon properly. The last statement made by
the accused To the complainant was rendered III 1862
lhs situation Of the properly M At ina. time appeared
sss COO; James l. Graham, % cash, secured BY LOO
1 Rnctn onA Cnva
payable on demand $7,7ib II; Chatham Bank, nliy
shares, sl25o; Consolidated Coal Company. $40
turniturs, cost SIG, 0Oo value Sic. 0o0 This
represented 10 yield an income Of S4,5lb Ii. The
mpainant hardly noticed Grahan's statements, aud
failure TO render others ara suspic,on. He
continued 10 pay over TO Mrs. MCCALL, Ms her income,
sninc,ous 10 support ner and ner confluence in him
asked IN regard to her affairs
| ALARM
In January, 1876, tue Sailors Snug Harbor, upon
whose aud the house Ninth street stood, notified
her that the taxes had not been paid for years
ana the matter must receive attention. This was the
| FIRST iniimaIion that the management OF the
tate had occn improper. Mrs Mccall went 10 Graham
! and demanded explanation. He had nothing
to say other than the said house and furniture
| in II all right Mrs. Mccall then consulted
another orncy. also a relative. when she found
other claims by other relatives were at the same time
being pressed against him. The aIter bad Obtained
PICTURES, bronzes, &C. 10 secure those claims, and
attorney Obtained from him second mortgage
upon the same household furniture to secure
the Complainants claim. The furni, subse-
quently sold aud the proceeds OF the salo applied
10 Mr. MoCalps benefit amounted only to $3.oS9 13,
house and lot. inc residence No 20 Washington
square, was also SOLD under the mortgages gwen by
| him TO Mrs James Mccall, and the amount realized
was insufficient 10 pay them and the expenses Of the
| sale.
| WHAT Is LEFT
OF the $4,000 worth OF properly held by Graham
Tor Mrs. Mccall there now remaus TO her solely the
ana 10; No ioa Snsn street ispsshoa sSa prop
out OF this amount $500 has 10 be paid Tor ground
and over $500 for taxes The lity shares OF the
Chatham Bank on January 25. 1876, were worth
ST. 75O and the $50 shares OF the Consolidated Coal
Company were worth $4,000.
The cause OF action. as Mrs Mccall 10 advised by
her counsel Mr. John ID. Townsend, Is for breach Of
contract in accused's failure 10 pay her the two
OF $4,000 and $7740 II, and TO deliver TO her the
ffly shares OF the Chatham Bank the 800 shares
OF the Consolidated Coal Company. and there Is now
from January 90 1876 1t Is iurtper alleged that the
accused has assigned and disposed of his properly
with intent to dcfraud tho complainant and his cred
0rs, as sne verify believes, by giving second mort
gage upon property already mortgaged aud allowing IL
TO be recorded In advance Of the hrs anu that the
| moneys taken from tho estate have been misapped
by Graham while acting Ia hduciary Ca
pscty, ana that he has been guilty of fraud
msappcation oi tho estate held Dy him trustee
TINS Is the substance OF the AFFIDAVIT by the venerable
sherin In $25, ,00O Mr. Malcolm Graham, OF Messrs
Schuyler, Hartley Graham also cousin OF tho sc-
Gusod; but the second not being forthcoming the prs
oner was accompanied by deputy, as before stated.
| NIX. GRAHAM's STORY.
Mr. James Lormer Graham was found late last
evening In modest quarters, No 46 West Tenth street,
and was ANXIOUS Ia givo nis version Of the story.
He Is fine looking old gentleman, with ample siua
| whiskers, wuile as snow, ana what hair re-
mains upon massive head OF the same
color. He said In substance, In reply 10
questions:-There rs not single TRANSACTION he
ever had with Mrs. Mccall. That was not open aud
above board thore was sale, no change of securi-
ties without her knowledge ana concurrence and
tered at the time IN her check book ana the none
deposited In the Manhattan Bank 10 hor credit. In
regard TO the mortgages the property No. 20
WaSnu r Graha hnu nm ct vtoud
lease Of IL, and wanting 10 put up some
stables NJ cost OF $4,000 he explained
tho iacts 20 Mra Mccall, showing her thet a first
mortgage would be necessary TO raise the money,
wnch, whom expended AS suggested would add TO the
value Of the place; therefore the mortgage he gave
her was to be withheld from record untl he could
carry out his arrangements. THIS wss understood oy
Mrs. Mccall. He told her that he would place In her
nands securities and bonds which would make
her perfectly ana entirely secure She expressed