The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-04-29
Chas. NJ. Marsh Returns and is Ar
rested for Grand Larceny.
He is also Wanted at st. Paul for Secur
ing $500 under False Pretenses.
He Denies His Guilt and Makes an
Explanation.

IeSjueHCe. Wnen MS presence De-
came known along in the afternoon
there was hustling among the at
torneys and creditors and a war
rants for his arrest was secured,
sworn out by Mrs. A. f. Smith,
sister of the late p. A. Foster, charg-
ing him with grand larceny in the
first degree. 1t was placed in the hands
of Chief Yates, while Deputy Bowen
was instructed by wire from st. Paul
to arrest him upon bench warrant
issued by the district court of Ramsey
county upon the strength of an indlct'
ment found by the grand jury of that
county in March, charging Marsh with
grand larceny in the second degree in
obtaining $500 upon false pretenses.
Chief Yates served his paper at the
Marsh residence at nine O'Clock, and
a moment or two afterwards Deputy
Bowen arrived with his, but too late
to serve it. Marsh decided not to at
tempt to secure bail, as the second
paper would in that case be immed-
lately served upon him, and spent
Sunday in Jail.
At 10 o'clock Monday morning he was
escorted to the municipal court and
was there arraigned upon Mrs. Smiths
complaint. He pleaded not guilty
and desired little time for his eX-
animation, which was finally set for
Saturday at 10 o'clock. Bail was
placed at 81 500.
The complaint covers three large
type written pages. 1t asserts that
upon July 1st, 1891, Marsh and the
Foster estate, of which Mrs. Smith is
the administrators, owned each a half
interest in 100 acres of land in Scott
county, upon which mortgage of
$1,000 in favor of Thos. j. Thomas had
been previously placed. John Duffy
had also secured judgment for 1920
against the property, which Marsh
had assumed the payment of. The
judgment was filed against the Foster
estate when the latter was probated.
Marsh upon July 1st, 1891, applied for
permission for the estate to assume
the payment of the claim and judg-
ment and to release him from the
payment thereof and to take deed
of the premises in part payment.
'And the said Charles M. Marsh, at
the time aforesaid, to-wit, on the first
day of July, 1891, and at the place
aforesaid, towit, at the city of Man
kato, contriving and intending to
cheat and defraud this complainant,
A. T. Smith, as the Administrative of
the said P. A. Foster, deceased, made
the request aforesaid, and then and
there knowingly and falsely and
fraudulently pretended and repre-
sented to the complainant, the said
A. f. Smith, that the mortgage afore-
said, to-wit, for the sum of 81, 200
given to the said Thos. j. Thomas,
had been by him, the said Chas. M.
Marsh, paid in full save and except
the sum of $500 and no more, and that
the said land was free from all incum-
brances save and except the sum of
$500"
He by false and fraudulent pre-
lenses induced the complainant to as
sumo the payment of the said judy
ment and take in part payment the
land referred to. The land is not
worth over 81, OOO
G. L. Benedict appears as Marsh's
attorney, and County Attorney
Hughes and W. E. Young for the state
and administrators.
Mr.. Marsh was seen by FREE PRESS
reporter and made the following
statement:
Il heard of these charges in Ken
lucky and came back to face them
and see what can be done. In regard
to the St. Paul charge l will say that
| borrowed $500 upon June oath,
1891, through G. I'll. Prince, cashier of
the Capital Bank. [ referred him to
the German American Bank of St.
Paul, and to the banks of Mankato
as to the character of my paper. He
wrote to the First National Bank of
this city and asked the president of
the German American Bank and was
informed that my paper was all right,
and upon that assurance he made me
the loan, l made no statement to
him and therefore could not have
made any Misrepresentation. The
note became due last fall and was not
paid.
1.-The facts in the Smith matter are
these: Foster and owned 100 acres
OF land in Scott county and placed a
mortgage of $1,000 upon it, having
secured the money through Thos. O..
Jones of this city. We sold 80 acres
and Mr.. Jones released the mortgage
from it and substituted in it's stead
% acres OF mine lying near Mankato.
Mrs. Smith proposed to pay the Duffy
judgment if would give up my in
terest in the remaining so acres and
my 53 acres, and this / accented.
Upon the records it appears that
there is a mortgage of 81 900 against
each the 40 and tho 69 ocroc xuL;lo -