St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-02
". G. HARLEY IS ARRESTED
He Seems to Have Turned the Tables
on Himself.
REMARKABLE
CASE,
He Sues for Malicious Prosecution, and
Then Identifies Himself With the
Wheat Steal.

for $4,000, for false and malicious
arrest and Imprisonment, rather turned
the tables on the complainant yesterday
when brought up at the district court
before Judge Hicks. The notorious
wheat steal from the Union Elevator
company last fall will be remembered,
and it will also be remembered that the
proceedings in the case were brought to
an end quite suddenly for so big an
alleged larceny. Harley was ar
rested on the charge of being
party to conspiracy that had
stolen 1900 bushels of wheat of the
elevator company. On being examined
in the municipal court Harley was dis
charged. During the time the charge
was reduced to 1900 bushels so that he
could furnish bail. 1t was generally
considered at the time that the case was
compromised and that the gentlemen of
the company mad been very lenient
toward the young man. About month
action for $4,000 damages, claim
his business through being ar
rested, claiming the arrest to be mali
ciOus. In their reply to this complaint
the company for the first time an
nounced that Harley, with number of
others, had made confession to Treas
urer Holmes, of the company, and Har-
ley replying said that he had paid 1000
to have them change the charge to 1900
instead of $1,000 bushels of wheat.
At the trial yesterday c. A. Pillsbury,
Sam Hill, 81. w. Pratt and H. W.
Holmes were present representing the
elevator company and appeared all day
more like the prosecutors than the
prosecuted.
Carman N. Smith, Harley's attorney,
took the stand first to give the history
of the case in the municipal court. ID.
A. Secombe and Col. Sessions were also
Atwater & Hill, the lawyers for the ell
evator company kept up lively fight
nearly all day on technicalities.
HARLEY ON TAKING THE STAND
was asked question by Col. Sessions
if he ever made the alleged confession,
and he denied it.
On the crOss-eXaminatiOn MIR. Jack
son drew out the witness connection
with D. G. Moak & Co. At first he
claimed to be the firms bOokkeeper and
financier, and simply worked for $3.50
mouth, but it was gradually drawn out
of him that he received per cent of
the profits. On the matter of the con-
fession the story was gradually wOrmed
out of him by Mr.. Jackson, though
Harley's attorneys made objections
whenever the matter was men-
toned. In regard to the matter of
getting the wheat, he said he knew that
Moak q Co. were getting the wheat for
about half price, but that they often
made bargains and that he did not invest
int I'M n.
mitted that he knew that there was
difference in the weight in buying and
III selling to customers. The confession
was virtually worked out.
Mr.. Jackson, in his argument, said
that Harley had theory which to his
mind exonerated him, because the firm
of Moak & Co. stole tine wheat, and he
was only an employee of that firm and
not a member. He affirmed that D. c.
Moak & Co., and with them Harley,
q Mason and Holcomb were the ones
guilty of the big steal. When Mr.. Jack
son was through with his argument
Judge Hicks
l. DISMISSED THE CASE
volunteering the assertions that Har
ley's evidence not only justified the ar
rest, but was sufficient to secure his
conviction on the charge of being con-
spirator in the great wheat steal. Har-
ley's testimony was so palpably
Hicks dismissed the case at
a few minutes past o'clock
County Attorney Jameson ordered
Arrest Harley on the charge of having
been implicated in the steal, and Capt.
Holmes also agreed to swear out war
rant for him. Mr.. Smith, Harley's at
torney, objected to his arrest without
a warrant, but Detectives Howard and
Doyle thought that an order from the
county attorney, with the assurance of
the elevator people that they
would make complaint in the
case, was all that they needed
and took him to the municipal court,
where Capt. Holmes swOre out war
rant, and made complaint, charging w.
q. Harley with the larceny of $4,000
worth of wheat from the Union Ele-
vator company. Harley was arraigned
before Judge Mahoney, who ordered
him
HELD IN $4,000 BONDS.
for examination at 10 o'clock this morn
ing. Detective Doyle went out with
Harley to look for some one to go on his
bond, and at little past 9 bond
signed by DR.. w. E. Leonard and w. II.
Wadsworth was approved and Harley
for the second time released. The de-
tectives do not believe that Harley had
any hope of recovering damages from
the company and think his suit
was brought with view to squar-
ing himself in the eyes of the public,
but i'm his testimony he was led into
admitting so much that the company
thought it was warranted i'll re-arrest-
ing him. 1t thinks it has a stronger
case against him than before. and will
prosecute to the full extent of the law.
Harley doesn't seem to think it very
serious matter. and seems to believe
that this cloud will be dispelled as east