St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-08-18
A LAUGH CUT SHORT.
The Alleged Bogus Land
SWindlePs Dismissed by
Judge Twohy.
George Young and Harry
Clark Broadly Grinned at
Their Great Luck.
But the Laugh Disappeared at
the Appearance Of a U. S.
Marshal.
They Are Now Charged With
Using the Mails to De-
fraud.

G. W. Young, Paul Busch, Charles
Garrett and Henry E. Clark, arrested
last week on a charge of running a
bogus land colonization Company, and
thereby obtaining money by false pre-
lenses, were arraigned before Judge
Twohy in the municipal court yester-
day. County Attorney O'Brien prose
cuted and J. J. McCafferty defended
Busch and Garrett, while Attorney
Johns appeared for Clark and Young:
All the defendants waived the reading
of the complaint and pleaded not guilty.
The county attorney proceeded to call
witnesses to prove that they had paid
sums of money to the company" in the
belief that it would help them to locate
100 acres of land IN the state of Wash
ingtOn, and would within ninety days
| purchase the timber or the land for
$500. They paid their money on the
! representations made by the defend
/ ants Yodng and Clark.
Miss Laura Lavaile, of Minneapolis;
| William W. Cox, of Minneapolis. and
/ Thomas B. Lee, of st. Paul, testified TO
these facts, and also that when twenty
four persons had made application, the
whole party would be taken by the
company" to the coast in a special car.
! The evidence did not disclose that
| Busch or Garrett had taken any active
part in the affair, having only been
seen in the offices rented in the Rogers
! block.
Evidence having been given as to the
arrest of the defendants, the state
rested, and Mr.. McCafferty, on behalf
| of Busch and Garrett, moved that they
be discharged as not bit of evidence
| bad been brought forward against
| them.
The court thought the point we'll
taken and discharged the two defend
ants, who hastily left the court.
Attorney Johns, on behalf of Young
and Clark, asked for their dismissal, as
they had not obtained any money by
false pretenses, and, in fact, the time
for carrying out the contract had not
yet expired.
Judge Twohy, in giving his decision.
said that he candidly believed that they
were guilty as charged, but that the
evidence brought forward by the state
was not sufficient to warrant him hold
ing the prisoners and he had no alterna-
tive but to dismiss them.
Young and Clark laughed heartily as
they took their bats and were about to
leave the court room, but their liberty
was of short duration, for United States
Deputy Marshal Sheehan at once ar
rested them on warrants for using the
mails for fraudulent purposes and con-
veyed his prisoners before United
States Commissioner Ilghe.
Liberty ShOrtILiVed.
Here they were arraigned upon in
formation of William A. PrOsSer, of
Chicago, who, together with a. p.
ProsSer and John William Whitaker,
is out SIS in cash and note for $50.
The warrant charges that Fury, alias
Young, and West, alias Clark, carried
on a business in Chicago under the
name of J. West & Co., for the purpose of
using the mails to defraud a number of
people out of money; that they adver-
tiSed in the newspapers and by circu-
lars and letters under the name of j.
West & Co. They represented that
they were agents for the Washington
Colonization and Investment company,
which, they said, was incorporated un-
der the laws of Washington. A num-
| Der of letters and circulars were sent by
them through the mails. 1t was claimed
In these circulars that by paying
SIS the person paying the sum might
locate 100 acres of land in Washington
S within sixty days, and as soon as the
man paying this sum could get his title
= perfected the company would pay him
5 S. an acre for the land, and if the COM
pany failed to pay the money to pur-
! chase the land, or title could not be
| proven, then the $50 was to be refunded.
: | 1t is charged that such circulars were
sent through the mails with the inten-
t ton to defraud. One of these letters
was sent to William PrOSSer, who paid
: ! his money to the defendants.
Prosser was before the commissioner
to testify to these facts.
j. j. McCafferty and Henry Johns ap-
reared for the two men and asked Il con-
tinuance until this morning.
Assistant United States District At
torney George 3. EdgertOn appeared
for the government. He offered no Oh
e lection to the continuance and the hear
f ing was set for this morning at i
o'clock. The men went to jail in default
of $500 bail.
Capt. j. E. Stewart, of Chicago, a
= postOffice detective, was present and
wanted to take charge of the men and
: convey them to Chicago for hearing.
T Judge McCafferty asked rather
sharply for his identity, and when
l Capt. West responded he was told by
the doubling attorney to mind his own
business.
Capt. West remarked that he under
stood his business, to which Judge Nc
Cafferty replied with comment upon
4 the lack of politeness by the inspector.
The wrangIe was ended by remind
/ er from Commissioner Tighe.
s Capt. West intended to leave last
b night for Chicag o. with w. Ii. Morti
n mer, and was DESTROYS of taking West
S and Fury along. Mortimer is the man
Il who surrendered himself Saturd ay, anC
|. is wanted in company with the other
d two, who are known here as II. E.
IS Clark and Young, TO answer charges Of
d using the mails for wrongful purposes
is William A. PrOsSer. one of the alleged
u Chicago victims, has been in Minneapo-
/ lis for few DAYS. He says he wants hi:
If money back. He has three contracts
d made between j. West G. Co. and him
o self. A. p. PrOSSer and John w. Whit
a. aker A number of other men were
drawn into the scheme in Chicago
They were to be furnished with ticket
to Seattle, near where they were t
settle upon timber lands and to get s
an acre for their land after proving III
u the title. They were to leave Chicago
June 9, but West and Fury had skipped
S, before that time, and the office of
t. West & Co. was abandoned. The las