The Indianapolis journal., 1892-11-18

Though They Lost $50 900 They Failed to Es-
tablish Case of False Prttenses

NEW YORK, Nov. 1.-THE case of the peo-
pie against Count Eugene de Mitkiewicz,
who is charged with obtaining $50. 600 from
attorney Arthur l.. Tones, of Brooklyn,
during a period of twoyears. on false pre-
lenses. came up for examination to-day in
the Tombs Police Court. Tho specific
charge against Mitkiewicz Is that a year
ago to-day he got Tones to give a. bill of
sale of his residence, at No. 500 Clesson ave.
nue., to George w. Goodward. of the Home
Benefit Association. at No. 163 Broadway
for the consideration of Sl.75O. which he
turned over to the Count for furthering
the Counts scheme for procuring railway
concessions from the Chinese gov
eminent. A motion by attorney Bur-
kett to adjourn the case be-
cause of the absence of Col Elliott f.
Shepard and other witnesses was not al-
lowed. Tones was the first witness. He
described the Counts coming to him and
urging him to raise little more money to
SEND 60 M1ilard Jones IN China for further
ing the plan of gaming concessions from
china and securing the acceptance of
Henry w. Blair as United States minister
TO that country. The Count. he said. gave
him 10 understand that Colonel Shepard
.
vague sort or a way security for the loan.
Later he received n letter from the Count
saying that the money would be repaid.
Colonel Shepard came into the court as
Tones left the stand.
Attorney w. Il. Burr, who claims that
Mitkiewicz got S26. 600 out of him, was the
next witness. He testified TO giving $3.50
OF the 81. $50 to the Count, and ssnding the
remainder TO Jones In China. Burr testi-
he'd that the Count represented to him and
Tones that Colonel Shepard had promised
To reimburse all those that advanced
money for expenses spent IN procuring the
desired concessions from China.
Colonel Shepard himself took the stand.
lie said that be met Mitkiewicz about
three years ago. The Count soon after un-
folded bis plans for building railroads In
China The Count said that he had lived
IN China, and knew that the Chinese gov
ernment was favorable TO having. Ameri-
can capital Duild railroad lines there. and
that IT little money was spent jndicionsiy
the necessary concessions could be OBJ
tanned from Vlceroy Chang. The Count
asked the Colonel if he would advance
money toward procuring the concessions,
but the Colonel declined. Then the
Count wanted the Colonel to pay
haf the expenses toward sending
come one to China to negotiate with the
Niceroy. but again the Colonel said No"
Finally the Colonel did agree that in case
Mitkiewicz secured concessions from the
Chinese government and brought himself
proof he would enter into the scheme and
pay all the expenses that had ac-
crued. The Colonel said he believed the
Counts plan was plausible. because he
learned from two sources that the Chinese
rather leaned toward such scheme. Jesse
Grant bad told him that on tour around
the world with his father he had
learned the attitude of the Chinese. and
later Chinese gentleman whom he knew
as Dir. Do had told him the same thing.
When tho Colonel left the stand lawyer
Brooke moved that the prisoner be dis
missed. Justice Grady discharged the
Count. saying that the prosecution had
not made out u cass against him. To make
out case of larceny by false pretenses the
Justice said that ir WAS necessary TO show
that the false pretenses had been OF such
nature as To be re reasonably credible. When
the Connt told Tones that at the end of
the transactions, whether they were sue
cessful or not. Colonel Shepard would re-
lmourse him for the money advanced to-
ward Jones's expenses. IL should have oc-
ourred To Tones to ask why the Colonel
dld not advance the expenses IN the be-
ginning. This decision of the Justice af-
feeted the sanguine Count like magic.
Everything about him heamed with salts
faction. He jumped mp and seized the
hands of his attorneys. aud even In the X
noerance of his Joy grasped the hand OF
Colonel Shepard.