New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-28
VIM. X. SOUTTER INDICTED.
HE GOES INTO COURT VOLUNTARILY.
CHARGES MADE BY HIS sIsTER-IN-LAw OF MIsAP
PROPRIATING PROPERTY.


eoutter Co.. which failed over year ago with laoil
ties OF So 100000 appeared before Recorder Smyth In
the Court OF General Sessions yesterday morning and
pleaded not guilty to four indictments charging MIN with
grand larceny the rst and second degrees The In
dictmens we're found Friday, but Mr.. soutter has
been confined TO his house FOR some time and was not
arrested Christmas on Sunday. He heard OF the
indictments and went the District Attorneys office
Accompanied by his counsel Mr. Met ury and V. White
he before Recorder smyth When asked whether he
pleaoed guilty not guilty the lawyer answered for hin
We plead guilty. but ask for couple OF weeks In
which examine the indictments TO change the plea
II desire"
If you want to change the plea may plead guilty
at any time you wish" the Recorder said.
Bail was fixed at 81 900 and Mr.. White signed the
bond mentioning security house not his residence Oh
Columbia Heights Brooklyn, and some land near West
Point
The complaining witness against Mr.. souttcr is his
sistcrin-law, the Duchesse dAuxy, who has alleged
that the estate 81 her husbands father. OF which
William X. Souttcr OF the executors mas bceh
wrongfully administered She brought civil suit in the
United states Circuit Court aud proceedings for an ae
counting going forward before Timothy Grifth
Clerk Circuit Court. master In chancery The
Duchessc d'Auxy has visited the District Attorneys
Office and urged the indictment Of Mr. soutter and an
affidavit by Lewis Sanders her counsel In the civil case
is among papers which proceedings were begun by
the District t-Attorney. Mr.. Sanders says:
nashse sne % Who WAS the Wte Of Robert soutier who
de iu July 1879 leaving lat VIII and tesa%et me N giving
Robert soutr - iha early part Of the year 7s eav,
same @ year before the Surrogate Of Ulster County Newyok
state whereby he aponeh Asnes Gordon Sout'er MILAN
scnI;sr qnaie as executor Of said year 1878 and
sss s eos'S% on june :? as sss
for The southern District Of NewYoTk against Agnes
0'SH O. tho last Snff w and AND ss,n%en Of
e aed ajudgng NE pacs,s o. oAqay y 20 re oniter de 20
ceased account or said estate pur
xSsr 's q
ss Sn s a. iSs more IN CASH That
examination OF sand William so%,teI lad in his
sstins as exc wii and testament Of James
$4,000 80 scSss I t. "sSiais aS s;s by
S. he is aS s % sG%sG
The estate c James n net By Sens r 1 tse sf ue
~. @ sSr - %ss !:
G tier on : june Ss' ss = o si'fs,
s:n s. @ sa sSa @ si
for the @ & 70 of w bs T n Of JmS 1884, @
% ne s @ sS"Si @
pwa o ssea aG Gvs loan Co. Rs Ky
o. said bonds Ssns s"p1sa"ens sold ola sS Sg
Moy lost 10 the estate Tat on A%g1st 10 % isso sad
James r. soutter deceased appropriated his the
2a 1eopsing to .a es tat coll Ge , by syS S"a r% % Of
soartsr Co. the said arn 70 be i9savsnt
WSoy 1S Sss cst pe'@ 9e sad esatc s
annnSn m IN Si I In ay ISIS ami that he could have
collected col % ne @ Ss S%e toSs % no. steer. TO I ~
MR. sOUrTER's EXAMINATION.
Annexed to the affidavit is a copy of part of Mr..
souttes testimony before United States Commits
sioner Griffith Some questions and answers are:
O. l4-Have you hand $50 shares Raleigh aud CASTOR
RI %y pss ~ 1 I @ o % Sp W w ana sHd
for that reason decline "a aus swer ~ ~ a,sxsr will tend
,osrinllns," y"al Al do
ss ON ss mon
hst ON hand mocys belonging the estate amounting to
soCoO hd ey not A1es st To- sOuter Co. on those
da,esi "A h onevs have never been repaid theyl
srs TSr any 5eng io oSj 10 the ere Co
june ~ lss2 reducing the balance 10 flo'ooo' @Ap
PAn on March l5 the executors loaned from he &
fun ,.y ;T uSi SslpnnsY 5Ye 'e .G SIR .'''' 70
y no part Of that loan repaid has It'll A
&wyou exhibit OF Nove%5oT n H. u isSS sunSs Snder
sS3i - Was that elected Soutter Cos Al thnR So
,ink collected 1t and passed To INV cro' "''' 'O"'''
tina, had the pO1ey and dsp9sa Sa
oWere ,oattcr 4 Co solvent August l. 1880 Al
unk Don't 81. YOU knowi Ave paid all demands on us at
firm ialed for 80 100000 on September ~
1855! Ayes. sir
.a ahout August l. 1881 believe that his hrm was -
solvent, and up to that tune the amounts "uo 0o" W
been collected moan the ntih ao.oo,
owhy did not your ply mp the loans OF Ssoo9O py
executors made 10 -one' q ~ "n pcce9 1nt ,e YOU
s3oV 900 OH December 81 1881 Al eo"u '' WV"
S yon kept those two amounts for four years nearly
wnout ATTEMPT 70 pay then 10 the eAeeu'i''
u NJ soutter also testined that in june 1884, he pledged
ten City of Mobile bonds with Love 20 Lcr eouseT
Co.. aud that those bonds were soiG or 70 ed ON
by ovell Co., after the firm OF sout'cr 20 icu' o
scptcmber 20. lesj: so..,o. .a,,or hctore Commits
ancr Crh last fall shows that he withdrew inc state
ncnt in which lie sadhat lie would not answer 'hG q
snvs mar most OF his done with the assent u
the heirs and other executors.
WHY THE INDICTMENTS WERE FOUND
Attorney MARITIME said that the reason 'a' 'nc
indictments were found before the proceedings i'll INC
limited states Circuit Court were finished was 'a' 'o
statute Of limitations provided that acuon must po ~
,rin ye years after the crime committed Inc prih
related to the alleged conversion of $4,000 on
Iirem0er "a 1884, ami complaint had peen maui a
& ,;n nr,ed he did not feel that he could take the
ana ao.1 of refsiug 10 act The indictments were
found on December "a on the last day oi tle Ne
rr Th. comulain when II reached the Distrct-At
,,',sv. ntice was referred To Deputy Assistant DsuIct
Attorney Purdy and he reported IN ia'or ei "'''o"
a. ,s inIctments are found under sections 54l,
542 and 543 OF the Psnal Code which are M pury
saws he introduced and which crms peculiar piece oi
legislation. 1he sections provide ,ndt AZ % me- shall he
guilty of larceny. lie shall he puishaoie no. M oA ma IN
the imprisonment allotted 10 tnat crime o' non @ con
his discretion may impose hne up 10 the n1 so an
x.tcJ with crest and 20 per cent ADDED ana aso az.
additional term imprisonment not excee'ng nve Ian %
49, ,.orIion of the ne exceeding the amount cor
Tary,sI win interest and of collection may DC pau
10 the County Treasurer to be given TO 1ne person VIM %
ssars loss Nv the act the trustee. Inc pchaIty ioI
srand larceny in the rst degree is imprisonment iof
froiu five ten years.
THE FAILURE OF soUTTER co.
william X soutter is son OF James T. soutter' VINO
WAS the second president of the Nauonai BANK o 'o
tfad I'm
~ the executors OF the will he was permitted ny
ns ,o,b.r TO have sole chae of the estate Another
CON Robert died not long after his father and nus %iaow nov
a. now fe Ducbesse UAuxy When she began NC, i sar
70 cLIren by Robert Soutter were Under tneii
,heis care and had been since heii ia.oi M -
death 1he suit one OF the pfincipai % s,ort