Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-18
MITKIEWlCZ is HAPPY.
He Proves to the Satisfaction Of q
New York Justice That His
CHINESE SCHEME WAS HONEST.
Colonel Shepard Had Information to the
lffect That 1t Vas.
THE COUNTS JOY AT BEING CLEARED

NEW YORK, Nov. 17.-Count Eugene de
Mitkiewicz, charged with obtaining $39, 900
from Attorney Arthur L. Tones, Of Brook
lyn, during period of two years, on false
pretenses, was tried to-day in the Tombs
Police Court The specific charge against
Mitkiewicz is that year ago to-day he got
Tones to give bill Of sale of his residence,
on Classon avenue, to George w. Good
ward, of the Home Benefit Association, for
81, $50, which he turned over to the Count
to further the Counts scheme for procuring
railway concessions from the Chinese Gov
ernment Tones was the first witness He
described the Counts urging him to raise
little more money to send to Millard Jones,
in China, tor furthering the plan OF gaining
concessions from China and securing the &C
ceptance of Henry w. Blair as United
States Minister to that country. The Count,
he said, gave him to understand that
Colonel Elliott T. Shepard was backing the
enterprise, and would be, in vague sort Of
way, security for the loan. Later he re-
ceived a letter from the Count, saying that
the money would be repaid.
Shepard as the Counts Backer.
Colonel Shepard came into court as Tones
left the stand. Attorney w. P. Burr, who
claims that Mitkiewicz got $4,000 out of
him, was the next witness. He testified to
giving $3.50 of the S1,750 to Count Mike
wicz and sending the remainder to Jones in
China. Burr testified that MitkieYlcz rep
resented to him and Tones that Colonel
Shepard had promised to reimburse all who
advanced money for expenses spent in pro-
curing the desired concessions from China
Colonel Shepard then took the stand. he
eo;d he mat MitEiexricz ahout thrne wears
ago. The Count soon after unfolded his
plans for building railroads In China. The
Count said he had lived in China and the
Chinese Government was in favor OF Amerl-
cans building railroads, and if little
money was spent judiciously the conces-
sions could be obtained from Vlceroy
Chang. The Count asked the Colonel if he
could advance money toward procuring the
concessions, but the Colonel declined Then
the Count wanted the Colonel to pay half
the expenses of sending some one to China
to negotiate with the Viceroy, but again the
Colonel said 'No" Finally the Colonel
did agree that in case he, Mitklewlcz,
secured concessions from the Chinese and
brought him sufficient proof of the fact, be
would enter into the scheme and pay all e1-
penses incurred In the matter.
Perfect Feasibility of the Plan.
The Colonel said he believed the Counts
plan was plausible, because he learned from
two sources that the Chinese rather leaned
toward such a scheme. Jesse Grant had
told him that on tour around the world
with his father he had learned this attitude
of the Chinese, and latter a Chinese gentle
man whom he knew as Mr.. "Do" had told
him the same thing.
When the Colonel LETT the stand Lawyer
Brooke moved that the prisoner be DIS
missed. Justice Grady discharged the
Count, saying that the prosecution had not
made out case against him. To make out
a case of larceny by false pretenses, the
justice said, it was necessary to show that
the false pretenses had been of such nature
as to be reasonably incredible. When
the Count told Tones that at the end of
transactions, whether they were successful
or not, Colonel Shepard would reimburse
him for the money advanced toward Jones'
expenses, it should have occurred to him to
ask why the Colonel did not advance the
expense in the beginning.
This decision of the justice affected the
sanguine Count like magic. Everything
about him beamed with satisfaction. He
Jumped up and seized the hands of his at
torneys. and even, in the exuberance of his
Joy, grasped the hand of Colonel Shepard.