The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-16
In A MONEY-LENDER'S TOLLS
Mrs. Ada Gardeners Rough Experience
in Trying TO Get Ont of the Meshes.
Pledged Her Sewing Machine in an Unfortu-
nate Moment-Her Husbands Pension
Voucher Also Detained.

The hsrdships entailed by the operations
of the money sharks have been published
in previous s~rtieies IN the Journal. but no
case given has bcen more interesting than
that of Mrs. Ada Gardner. At the time her
troubles began SHE resided at No. 25 Meek
street. in q little tbree-room cottage. where
she managed by arduous labor upon q sew
ing-mschine to exc out . wretcbed liveli.
hood for herself and three children. Her
husband, Allen Gardner, q painter. had
failed TO provide for the support of the
family. and o separation had taken place.
Mrs. Gardner was the owner of q Singer
sewing machine. and kind and sympathetic
neighbors. approaching her situation. had
given her sufficient sewing TO enable her TO
obtain the small amount il required for her
TO maintain the little family. BY the work
npon her machine she managed to earn
about $3.50 per week. and by the closest
economy she succeeded in supporting with
this meager sum her family and paying the
rent of the house.
There came a time. however. when even
this pittance could not be earned, and she
found herself upon the point of being de-
pIlbcu Vi y jill on hCCOuDt VI iHoDAilty ~
pay the rent. IL was at this point that
she applied to a money lender for money.
and became involved IN his tolls to such an
extent that she has not vet succeeded in
disentangling herself from the meshes. The
experience will probably cost her the sew
ing machine upon which she has depended
TO support the family. Rent due and the
landlord ciamoring for his money, which
she was compelled to obtain in one way or
another. she applied to Sanford +. Ham,
ilton. q lender OF money on chattel mort
gage security. with an office at No. III South
Alabama street, for a sufficient amount,
offering o chattel mortgage on
ell her household goods, except
her machine. as security. The hrst
question asked when she applied for the
loan Was as to whether the goods were
en- tirely paid for or not. and upon receiving
q reply in the negative Hamilton refused
TO make the loan upon that security. In
tie talk of the loan IL developed that the
machine for which Mrs. Gardner had just
paid sos was paid for and she had q receIpt
Tor the amount, which she showed as evil
dence of ownership. By agreeing to pay %
cents per month during the time OF the loan
she secured from the money lender the
sum of 81. There was no note or mortgage
taken as Is usually done. but the machine
WAS taken 10 HamiItoD's place OF business
and left there TO be held by him until the
money loan was repaid. Hamilton. who In
addition To being q money lender also con.
ducts a transfes line. sent one of his
wagons 10 tue house on Meek street and
had the machine brought to his office.
After the transaction with Mrs. Gardner
her husband went TO Hamilton's Office and
machine stand as security for HE debt also.
There is = difference 30 to the amount
loaned Gardner: his wife says that IL was
only s.. while Hamilton says that 1t was
IS. One fact. however. Ia not In dispute,
and that is that Gardner agreed TO pay,
and Hamilton Is insisting upon the pay
ment of 81 To liquidate the second iDdebt-
edness- Hamilton says that ho refused to
let Gardner have any money and hold the
machine as security, and that then Gard
ner left with him a pension voucher as So
curity and received s.. agreeing TO pay 50
for the use of it for thirty DAYS. A few
the latter was sent to the work
house Tor assault and battery up
on his wife. and was IN confinement
upon the day for the drawing of his PEN
sion. amounting TO a little over $40. He
was taken TO the pension office in the Gus
tody OF an officer Tor the purpose OF draw
Ing the money due him and by arrangement
met his wife there. He told her 10 go to
Hamilton's ofice aud get the voucher but
Hamilton refused to surrender it TO her
when demanded. de took 1t to the pen
sion office himself and gave 1t to Gardner
who then drew his money. His wife went
TO n DHuk 10 nave tuc CHECK ch9ucu anu
proceeded immediately to Hamilton's office
TO pay her debt and secure the machiDe.
She says that she paid him SI.25 for the
money borrowed and dray age for removing
the machine to the office. Hamilton took
the money and then demanded another 81,
and when sh. declined to bay this addition
al amount he refused to surrender the ma
chine, laiming to apply the amount paid TO
the liquidation OF the amount borrowed
by her husband.
FaiIlng in every other wav to secure
possession of the machine. Mrs. Gardner
employed an attorney and brought suit
before Justice Walpole TO recover possess
sion. Upon the trial of the case Hamilton
and his clerk. a boy named Temple ton.
testified that the amount paid by Mrs.
Gardner was paid on the debt of the hus-
band. and the court construed this to be n
pre- ponderance of the evidence within the
rule IN civil cases requiring a party to
make ont their case by q prep0nderanoe of
the evidence, and he gave jud gnent tor the
defendant. Mrs. Gardner being q poor
woman had not the money with which TO
prosecute an appeal. aud thus far has done
nothing more In the case, and probably
Will not. simply because she has not the
means w~herewitn to take the case into q
court OF Justice.
After obtaining the facts substantially as
related above from the court records and
from Mrs. Gardner, . Journal reporter
called 81 Haniilton's Office. on South Ala
bsms street. and. making known his identi-
~ ~ SAOAiD1 ltbiOA " q
OF facts. He related them substantially az
given. with the exception that he said Mrs.
Gardner paid him when she drew her hus-
bands pension money SIS instead of SI.25.
rs claimed by her. The 70 cents he said was
paid as storage on the machine. The stor-
age idea was probably q new one. AS before
fhis point N the conversation was reached
he admitted that the amount was charged
for the use of the money. HI also
admitted that the So. over and above the
amount loaned Gardner, was for the use Of
the s. for thirty days. He also directly
admitted. in answer TO questions. that the
pension voucher had been taken as security
for this debt. Having secured this admis-
sion several times. the reporter asked if he
aid not know that IL was n direct violation
OF the United States statutes TO hold a
pension voucher az security feS u debt.
He looked a little startled at the question
or, and replied. in a heeitating sort OF way,
that he did not think IL was unless the
holder refused TO surrender 1t when de-
manded.
The money lenders usually try TO evade
the usury laws by claiming that the illegal
interest charged 10 o commission for negc-
tistIng the loan for a third person. whose
money. they claim. Is loaned. Being adj
vised OF this the reporter asked. "Mr. Ham,
tlt0n was thisyour own OF anothers money
that you loaned Gardner. and for the use
OF which be agreed TO pay you 81"
1T was my money he replied.
As the reporter was leaving the Office
Hamilton. who had followed him ms far as
the door. ventured the remark. Don't hat
ma anu har1nr ehan A ha "a fnO