New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-13
DID HE CHEAT THE SCHOOL
THE RUTGERS FEMALE COLLEGE SUIT.
A FORMER PRESIDENT AND rRusTEA

A FORMER PRESIDENT AND TRusIEA
CHARGED WITH FRAUD IN OFFICE.
Rutgers Female College has brought suit against
rocoh n TalI,han 10 recover SlsOOO0 which 1t 81
le0es Tollman obtained by fraud but which nghuuiy
belonged 10 the college. The complaint sets iorta
flat IN 1871 the plaintiff was the owner OF NOS 9o',
4so and 491 Fifth-ave. which 1t had received par"
by purchase and partly by gift from the MISSES nsT
ret Mary and Sarah Burr. The defendant, ianhal,
was at that time trustee ana Henry M A"' W.
president of the college. .
Tho college was prosperous and did not need 70
borrow money Pierce and Talman, according 70 the
complaint consplred 20 cause mortgages 10 De pisoed
on the lots with view of having them sofa anu 'h'
title thereto transferred to the defendant mortgages
were accordingly made and recorded :" oy the CON
nivance and procurement OF the defendant one OF
them was for $4,000 The mortgages were duiy iore
closed and the title 10 the property passed TO james
p Pierce brother of Henry VI. Pierce, no Sons'derr
ton so II is alleged being actually paid Pierce then'
in June 1872 sold the three lots to Taman for INC
nominal sum of 100000. which also, the complaint
asserts, was not paid.
From 1872 to 1882 the buildings on the lot were
used by the college, and Tallman, trustee OF tla
college, obtained exemption from taxation for ulo
nronerty ON the ground that 1t belonged 70 the COL
lece Nevertheless on February %, 1882 ne undT'
took TO sell the property, In his own name, 10 August
POTTER of the firm of Potter Stymus for Si5Oooo
Mr. POTTER was not satisfied TO take tne uuo ipih
Tallman, so Talman "wrongfnlly induced Two Oh .Ae
trustees of the college to Join with him In executing
conveyance of said property In the name Oh tis
COLLEGE TO said August POTTER who paid over 70 SAD
defendant either in cash in good security, the sum
of $4,000, which sum OF money tue def'hoah' Las
wrongfully appropriated TO himself, and has never a.
counted to the plaintiff therefor, although oi'en r
quested 10 do so.' ,,
The complaint further alleges that Tallmon, whre
fatgt IN Is owl
and some furniture belonging 10 the plaintiff and also
took possession Of the mnuteboOk, stockholm trans
erbook and papers relating to the title, and mas re-
fused TO surrender them 1t also says That the FORMER
president of tho institution concealed MS frauds ana
collision with Taman from the other trustees anu
has since absconded. his present location being un'
known TO the plaintiff.
The case came up before Judge Lawrence In tnS
routv Part OF the supreme Court yesterday morning.
william A. Newman appeared for the defendanVs AZ
torneys and asked for postponement He eaio llAs
the defendants principal witnesses were henry ~
and James p Pierce, and he wanted time TO get tneM
here from California. Amos G.. Hull the plainuns
attorney said in reply that he had twice "rit'en !"
the defendants lawyers informing them that the cause
would come lid for trls early in June, and requesting
them to be ready. They had assured him that they
we're ready and that they could have their witnesses
here at that time. lie thought that their preSen'
plea for delay was for the purpose OF urlng uo
plaintiff out and urged that the trial be aiiowea %
nroceed Mr. Newman thercupon made an aihdaVe
that defendants witnesses could not get here IN uno
to testify at the present term Of the court ana Judo
ou,,ence set the case down for trial in October.
Mr. Tallmans attorney is James NJ. Smith. In his
o,swer 10 the complaint he denies that Taman ever
secured exemption from taxes on the property ara
sserts shat he paid the taxes during the entire ulle
%e WIS the owner of the property. The answer also
deni., that Taman conspred with President Pierce a.
alleged for the purpose Of having the properly soa
nnder mortgage foreclosure. 1t denies that Tallnan
knew that James P. Pierce had right to sell nm
the property or that the college had any equities ~
II and AYERS that Pierce did have the right TO sell
The defendant admits that he sold the lots 70 Ne ~:
POTTER In 1882 IN his own name and says tnat NJ.
Potter did not decline TO take the ttle from MN ~
admits also having received the SlSO0OO and n0ias
that 1t Is nghtfully his. The answer is 0ng ana I'M
M I'm detail the allegations of the complaint maAns
specific denial Of all the charges Of fraud and wrong
doing.