The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-21

Accused or Conspiring TO Defraud . Convict
Ont of HIS PrOperty.

Out of ll1s Property.
When Lawyer Warren W. Foster OF 201
Broadway got to Sing Sing at o'clock yester-
day morning with friend. who wanted to
sign hill bond for tho release of Broker
BENJAMIN II. Tuthill OF Broadway State De-
tectivn jackson arrested him on warrant ac-
cusing him. with Tuthill. Of conspring TO de-
fraud. The Justice Of the Peace who had
issued the warrant committed him in default
OF 81 800 bail. and tho Chief of Police OF Sing
Sing locked him up with Tuthill. Dai didn't
come yesterday. and lawyer and client spent
the day together thinking.
Foster and Tuthill were first arrested on
Saturday afternoon in Fosters office on war
rants sworn out by Warden Brown accusing
thom OF grand larceny. When they got to
Sing Sing and were held in $1,000 bail each.
Foster secured his release by putting UP
81 900 cash. and he returned to New York to
get hail for Tuthill. The foundation for the
warrants on the charge OF conspiracy and that
= grand larceny was tho same. 1t was
tho story OF convict named Michael Lane.
Lane is heir to onc-third Of property
worth 100000 which was left by his
mother. The other heirs are Daniel ]. Lane.
his brother. and Johanna Feeny. his sister.
Daniel Lane is now on Blackwell's Island
serving torn for drunkenness. On Dec 20
last Foster and Tuthill called at the State
prison. and asked to see Michael Lane. They
later Lane told the warden that Foster ana
Iuthill had told him they wanted him to sign r..
estate Sfn TSoy mi they Sass acts s
Ing for his brother. and had agreed to give
tho brother 20 per cent. Of what the pronerty
looking after the place, keeping Up the inter n,
Warden that he had refused to pay 80 per
cent. but had finally, agreed to give 20 per
and n9d Snsa the phSr sns
paper but he had noticed that the words war
rantee deed we're printed on the outside. He
The Warden promised to investigate; He
that It, with similar. deed signed by DAME!
Lane had been recorded. and improperly had
s BY Tn Of sS" o fsn
he had the warrants issued:
The Warden said yesterday: This is, the
worst case ef swindling have ever heard Of
prison itself to Do crooked Work. want them
Lawyer Foster and llr Tuthiii don't agree
S talk NTH Of sx out and ID
they both told tho story Of the Transaction.
which had all been carried on BY ,Tuthil Eos;
a real. estate business He saw in the papers
nn n to 9e to house Ms h na SoR
visited Lane VINO was willing to soil. and who
after Il considerable talk. signed n deed for his
share OF the estate. agreeing that Tuthil
should retain hal! Of whatever the property
induce hin. to make the same agreement.
bargain by the terms of which he was to retain
% per cent, He also got adecd from Michael.
The man knew that he was signing deed"
said ,ruthill. We were with him more than
signed it, He said to me: If i sign this what
have got to show for my prop-rty! told
him would give him contract or he could
trust mo. He trusted me-"
rnthill said he then tried to make dicker
with the sister, but didn't succeed. Now lie
and-out and square business transaction than
make about $1,000 on tho transaction. That.
think. IL no more than fair commission on
n property worth 100000. when the care Of it
for term OF ycnrs Is included"
Mrs. OBrien by you?" asked the reporter.
" 1t was on my advice said Lawyer Foster.
Mr.. Tuthill is engaged in n Specializing husi-
ness. which Is more or less hazardous. There
was no consideration mt ALL 1t was transferred
to Mrs: Ol3rien for safety. SO that it could not
do not understand how am connected with
counsel for Mr.. Tuthill. who. as. far as l can
see. has committed no, .rrprehensiule act.
Brown has gon. of at half cock"
Both Mr.; Tuthil and Mr.. Foster will be re-
they will max" it warm for the Warden, Their
second arrest. the friends say. was illegal.
They We're already held in $1,000 bail on tho
first charge and II it was the desire of tho
Warden 70 change the charge and make 1t con-
spiracy they should have been discharged on
tina grand i ri IN roo MI than raa estoI.