Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-01-17
POLICE COURT.
An Interesting Decision In the Lyon En-
bexzlement Case.

bexzlement Case.
In the Police Court yesterday Ed. Flumer,
who had been on protracted spree, had
sobered up during his Imprisonment and
the Court allowed him go with a lecture.
Judge Buckley told him what he thought of
an individual who would go away from
home, a sick wife and child, and drink him.
self into almost imbecility.
Lafe Tomlin, hard hitter, managed to
square things outside of Court, and the
charge of battery against him was dis
missed.
Dominica Montana, descendant of one
OF the old Roman families, was arrested for
hitting Ludovico Cicero, another distin-
guished Roman, over the head with pick
handle. Montana runs de pea-nut-de-stand
at Seventh and j. and Cicero polishes un-
derstandings just opposite, at five cents a
shine. Neither was ready for the case to
go on, and it was continued on the calendar
until to-day.
The case of G. L. Kaymeyer, who, it is
alleged, tried to make mince meat of Mar
tin Pennish few nights ago, had his case
continued to Saturday.
Frank Leyre. charged this time with
stealing time piece. asked for more time,
and his case was continued.
In the case of William NJ. Lyon, charged
with embezzlement, which was tried on
Tuesday, the Court made the following de-
cision:
Defendant is charged herein with embezzle-
ment, to wit with having on the - day of
June, 1855, fraudulently appropriated to use
and purpose not in the due and lawful execu-
ton of his trust as the agent of one E. B. Stone,
the sum of sl9 81, the property of said Stone.
The evidence shows that on the above date the
firm of defendant and Sherman received from
Stone quantity of cherries to be sold by the
former for the latter on commission. That soon
thereafter the sale took place, and defendant
notified Stone that he held to his credit, after
deducting commission and expense OF sale
SO 81. About September following Stone re-
quested that defendant pay him about $500,
alleged to be due, and including the item of
Sl9 81: but the character Of payment offered by
defendant being unsatisfactory to Stone and its
receipt declined, no settlement was effected. In
the ensuing month of october defendant as
signed his property for the benefit of his credit
oIs, and named in his inventory said liability of
about $500. Defendant testified that he had
used stones money $50 called as he did the
money of his creditors in his defendants bust
ness, and, meeting with financial reverses, he
had recourse to assignment.
Under the law said SIG 81 was the property of
Stone, held in trust for him by defendant to be
applied subject to the terms OF the trust II was
his duty to deliver 1t to Stone, and under no
circumstances without the latter's permission
to speculate with or invest the same for or on
his tdefendants) account. The unauthorized
application of the property to the use of defend
ants business was an appropriation of the same
to use and purpose not in the due and lawful
execution of the trust and, as it seems to me,
brings the transaction clearly within the defini-
ton of ENLIGHTENMENT Whether defendant
acted correctly in enumerating the property in
question among his liabilities 10 insolvency has
occssioned some contention, but do not now
deem it necessary to solve the question. The
law does not shield Trustee who, seeing his
trust fund endangered, negligently permits that
fund to be diverted from the legitimate purpose
of the trust. l think that the law and evidence
sustain the allegations of the complaint, and
accordingly a verdict of guilty, as charged, is
returned herein.
Mr.. Lyons attorney asked that the
passing of judgment be postponed until the
21st inst. The request was granted. The
attorney stated that he had under prepare
ton bill of exceptions, and proposed to
appeal the case.