Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-02-24
COURr OF QUARrEB SESSIONS.
January Adiourned Term.


January Adjourned Term.
Monday Afternoon.-Com'th VS.. VIM.
McAfee. The indictment charges false pre-
tense and the testimony on part of the
commonwealth was to the effect that the
prosecutor John NJ. Brandt carried on
merchant milling extensively; that VIM.
McAfee, the defendant was dealer in
flour and feed in the borough of Marietta,
and ndpurchased largely from Brandt that on
or about the Goth of September, 1877,
Brandt told McAfee that he could no longer
credit him with such large amounts as he
had Heretofore credited him with; that
McAfee then and there assured Brandt
that he owned So, 900 worth of real estate,
free from incumbrance besides $15, 900 in
good book accounts on the strength of
these statements Brandt continued to give
him credit from time to time, until he was
between Sc, 900 and 81, 900 in debt. That on
tho 3Oth of March, 1878, he refused longer
togive him credit, having discovered that
his real estate was not worth more than
one-quartcr as much as he had said it was.
Brandt then forced McAfee into bank
ruptcy and became one of his assignees.
He then discovered that what real estate
McAfee held was covered by liens and
judgments. When it was sold at as
signee's sale it brought only about 81 900,
not enough to pay the membranes, and
| that Brandt has not received one dollar of
the debt due him by McAfee, and that he
would not have trusted McAfee had it not
been for the reported assurances of the
| latter that his property was unincumbered
and worth s., 900. The commonwealth also
offered in evidence the judgment docket of
the Lancaster courts, which showed that
McAfee had given judgment, in 1874, to
the Marietta building and loan association
for 5000, which judgment was not satisfied
until March, 1879; that in 1875 he gave
another judgment to the same association,
for 81 900, which was not satisfied until
April, 1879; that a judgment given by him
to Christian Hurst, in 1875, is still unsat-
isfied; that a judgment given by him for
the use of Fred. L. Baker, in June, 1877,
for 1922. II, was satisfied last March, and
that mortgage given the building associa-
tion in 1871, for 81, 600, remains unsatisfed.
In word all these membranes were
standing against defendants property at
the time he assured the prosecutor that his
wealth closed.
For the defense, defendant was called
and testified that he had been dealing with
MIR. Brandt since 1871, perhaps longer,
and continued to deal with him up to
March 30, 1878; that he was possessed of
valuable real estate, consisting principally
Of a house, barn and twenty building lots
just outside Marietta borough, that before
the panic he would not have taken $1,000
for them. Mr.. Brandt had never refused
him credit until March, 1878, and he had
never told Mr.. Brandt that his property
was unincumbered, and had never re-
ceived a dollars worth of credit on any re-
presentation to that effect. That he had
never intended to defraud Mr.. Brandt, but
that being forced into bankruptcy and his
property being sacrificed by forced sale
in dull times, he had been deprived of the
means of paying him. He further testi-
fled that the mortgage above referred to
was on property held by him in trust for
his brother and sister, and that the judg-
ment against himself and Mr.. Cashore had
been paid by Cashore. On trial.
Tuesday Morning-In the case of Com'th
VS.. McAfee, the testimony for the defense
was continued and went to show that when
the defendant became bankrupt he gave
up all his property for the benefit of his
creditors without preference to any of
them, as the prosecution endeavored to
establish. They (the prosecution) had also
alleged that the real estate which had been
said to be worth $4,000, was not worth
that much, and had never been decided to
the accused this the defendant explained
by stating that he had an agreement for a
deed he had been in business in East
Donegal since 1865, and had always done
business at the mill run by Brandt at
present. A large number of witnesses
testified to the good character of the de-
fendant previous to this charge. The jury
rendered verdict of guilty.
Com'th VS.. Lewis Cobaugh, entering an
outhouse to commit felony. The de-
fendant was charged with taking some
butter from the spring house of Henry E.
Lands, of Conoy township, in August
last. The commonwealth were unable to
connect him with the larceny, and the dis
trict attorney asked for verdict of not
guilty. which was taken.