Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-10-30
THE CASE DISMISSED.
The Trial OF Nathan w. Fitzgerald In
the Police Court Today.

In the Police Court Judge Miller, this after
noon, the case of Nathan W. Fitzgerald, on the
charge Of embezzling from Joel L. Jaynes S17O
in real estate transaction, was taken up. MIR.
Armes prosecuted and Messrs. H. O. and r.
Claughton appeared for the defendant Mr..
Jaynes testified that last June he met FitzRer-
| aid at his country home in Terra Alta, Va. and
sold to him the right Of a patent churn for a
number Of counties, Fitzgerald agreeing to
| give him therefor lot in this city, eleven
| squares north of the Capitol, and gave him q
bond for 5000, conditioned on giving him q
deed for the lot in sixty days. Witness sold
] the lot to Mrs. Ensler and told Fitzgerald to
deed it direct to Mrs. Ensler and to transmit
the money to his O.'s) wife, at Parsons, Kan.
| to Fitzgerald. When he saw +. he claimed
| that under the contract he was under no obi.
cations to pay until October 81 On Thursday
| last +. read from letter that his sister would
| not part with the lot unless he was paid 500
more.
Mr. Ensler testified to his wife buying the lot
| paying S25 to Mr.. Jaynes to bind the bargain
| and subsequently S165 to Fitzgerald, $40 being
retained for taxes. This was in September last
On cross-examination witness said the deed
| was from Mrs. Marsh, FItzgerald's sister, and
| when the S165 was paid +. remarked that it was
| for Mr.. Jayne.
MR.. FITZGERALD's STATEMENT.
After some discussion between court and
counsel Mr.. Fitzgerald took the stand and testi.
| fed that he never denied receiving the S175
| that the first conversation he had with Mr..
| Jaynes was on Thursday last, and he told him
| then that certain parts of the contract had not
| been kept and told him to call again. He came
| the next evening and he told him that he
| had failed in the contract and would refuse 70
l frrrp ha INIT ha had al
| to his rights under the contract. He had told
| him that the deed had been proved He then
! explained that Jaynes was to give him q GER
| tain recipe; that he had made false represen-
tations to him as to the sale of county rights in
| stating the price at S25 per county when he
had ascertained he had sold some for S5.
He had rendered the patent right to Mr..
Jaynes attorney, Mr.. Smith, and had offered
| to settle.
Miss Margaret NJ. Moran, a type writer in Mr..
| Fitzgeralds Office, partially corroborated him
as to Thompson's interview with Jaynes.
Mr.. JAYNEs' STORY.
Mr.. Jaynes was called and testified that the
contract produced was partially correct and
| partly false.
The judge read the paper in which was the
| phrase "a patented glass churn," and witness
| said he had no patent for the churn dasher,
and that the phrase 'if failure should be made
this obligation is null and void" was forgery,
and the alleged signature was a forgery.
| He was quite sure that it was written con-
tract, not in typewriting that he signed.
| Mr.. Fitzgerald said the endorsement on the
back was written by him.
The judge dismissed the case.
Henry Reh was today appointed by Judge
| Cox guardian to the orphans of Henry and
| Elizabeth Eichholz on bond Of $4,000.
| Mary j. Erni has fled bill In equity against
| G. A. Erni ct al to construe the win OF her
husband, the late Consul Henry Erni, who died
in May, 1885.
"Ssy, mister, can you tell me whar de read
iusters Of de public peace officer is2" asked an
old coiored man of citizen near the Police
Court this morning. He was referred to judge
Miller.