Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-31
He Had Picture He Was Going Il
Reproduce and Sell-An In
teresting Case.

Joseph Clarke a middle-aged white man,
was convi tied before Judge Cole, in Grim
inal Court No. 9, this morning, of robbins
John V. McLain, an elderly white man, of
$3.50 In June last. The case was begun late
Monday afternoon, and was one of more
than ordinary interest
Clarke, 1t was alleged, advertised for a
partner with capital. small abount being
sufficient to insure large returns A number
of persons responded, McLain being enc of
them. Clarke had rented two rooms in the
Stewart building, Arc 9th street, where he
had established office.
Picture.
In the office was an engraving represent
ing in a large group portraits of jefferson
Davis, Gen. Robert +. Lee and other prom
inent leaders of the confederate states.
Clarke explained to Mr.. McLain that he
was the designer and owned the copyright
of the engraving, and that by the investin z
of a small amount of money the engraving
could be printed and sold to a profit. Final
ly McLain agreed to become a partner in
the business, and deposited with Clarke
$3.50. An agreement was drawn up and
signed by them, under which Clarke agreed
to pay McLain weekly salary of $15. the
contract to run for six months; Clarke to
hold $50 as a bond for McLain's perform
ance of his duties. Going to Philadelphia,
Clarke left McLain in charge of the office.
He rem aimed away two or three weeks, and
McLain. seeing no business coming in, and
not hearing from Clarke, grew apprehen-
sive. So when Clarke returned he told
Clarke he had enough, and insisted on the
return Of his money. Before he went away
Clarke, it was alleged, had given McLain a
check for s75 on the Washington Loan and
Trust Company. out of which he told Nc
Lain to take $50 for two weeks salary and
return him the rest.
The check said Mel ain. was turned down
He became convinced that he was being
swindled, and when Clarke failed to return
him the money he had Clarke arrested.
On behalf of the defendant 1t was shown
that he had paid his rent; that he had a
clerk to assist him, and that he seemed to
be conducting a legitimate business. The
defendant testified that he had on hand
several orders for several hundred of the
engravngs and that he was preparing to
have them printed at Philadelphia. He was
perfectly sincere in his business enterprise,
and was confident that it would prove
profitable.
Found Guilty.
The testimony in the case was 'on-
cluded yesterday afternoon, and the jury
retired at 1890 this morning, returning at
IL 10 with a verdict of guilty.
In instructing the jury Judge Cole stated
that it was admitted that Clarke received
the $3.50 from McLain, and the sole Ques-
eeived it with the intent to deprive McLain
of it and appropriated it to his CLARKE 81
own use. That is, explained Judge Cole
If Clarke falsely represented to McLain
that he was engaged in a legitimate busi-
ness and that the money was to be retain ed
solely as guarantee of McLain's per-
Torrance of his duties, and that at the
time Clarke made the representations or
subsequently he formed an intention to de-
vote the money to his (Clarkes) own use
the defendant was guilty of grand lar
ceny.
For, said Judge Cole If one induces anoth-
er to part with money through misrepre-
sensations, and converts the money to his
own Use. that person is guilty of larceny.
The consequences of a conviction, said
Judge Cole. have no place in jury box,
and neither should sympathy for the de-
PENDANT or for the party who parted with
his money influence the jury in the slight
est manner.
Counsel for the defendant gave notice of
a motion for a new trial, and the convicted
man was remanded to Jail. The penalty
for the offense is Imprisonment in the peni-
Tertiary for not less than a year, more
than three years,