Omaha daily bee., 1894-04-07
CLAIMS HE WAS SWINDLED
What it Has Cost Mr.. Peterson to Stand by
His Friends.
AN OLD MANS PARTING WITH PROPERTY
All His Possessions Handed over to httor
ney Upton to secure the Release of
Three Women Accused of steal
ing-The Cases Dismissed.

state OF affairs In certain criminal cases
which we're to have been tried several
months ago, but which have been dismissed
by the county attorney.
About the first of last August the police
arrested three women who are said to be
sisters and are known as Anna Beauchamp,
Eva Thompson and Jennie Guillemott or
Gilmore. These women were charged with
being in collision with the gang of thieves
who ransacked Larsen's tailor shop on
North Sixteenth street last summer. The
women live near the corner of Fiftieth
and Burdette streets and the officers re-
covered nearly all Of the stolen property at
their home. The women were given a
preliminary hearing in the police court and
Judge Berka bound them over for trial in
tho district court with the men who did
the stealing. Attorney j. G. Upton de-
Tended the accused women.
When the cases were called in the dis
trict court the men who were implicated in
the robbery we're found guilty and are now
serving sentences in the penitentiary.
Mitch Fleming, a hackman, was alleged
to have been the ringleader of the gang and
he lived in the house with these women in
northwest Omaha. The circumstances
pointed strongly toward the guilt of the
women and one of them was soon arrested
on the charge of stealing a diamond pin
from the Brunswick hotel.
Until one day this week the women
seemed to have dropped out of sight, but
two of them were called into the police
court as witnesses and their appearance
raised an Inquiry as to what had been done
with the cases against them and why they
had never been called for trial. An in
Vestigation of the criminal court records
shows that the cases were dismissed on
January &, 1894, on motion of the county
attorney.
HOW P~ETERSON'S LOTS WENT
In the face of what appeared to be a
strong chain Of circumstantial evidence, this
fact caused some comment, and on looking
the matter up a suit was disclosed for the
purpose Of setting aside the title to three
lots In Grammarcy park, to which a
woman named Sawyer, said to be Attorney
Tipton's sister, now holds the title. These
lots formerly belonged to c.. Peterson, about
81 years old, who signed the appearance
bonds for one Of the women who was ac-
cused of receiving stolen property. Peter
Hon now claims that he became mixed up
In the case in trying TO do a frienly act
for Mrs. Guillemott, and that through a
series of misrepresentation on her part
and that of her attorney they succeeded
In beating him out of his three lots.
Peterson has lived In Omaha for a number
OF years, but he claims he cannot read or
thoroughly understand the English language,
80 that he could be easily misled by design
ing persons. His wife is dead and his chill
dren have scattered out so that the keeping
OF 3 home for himself was considered a use
less expense. About two years ago he Sc
cured a home with these women and did
chores around the house for his board. When
the "omen were arrested they asked him to
80 on their bond, and he did so, but later
expressed a desire to be released from such
an obligation. His friends allege that he dis
posed of some personal property and used the
proceeds to assist his. female friends in their
trouble. At any rate he now claims that he
desired to sell his lots and the women told
him to give them over to Attorney Upton
and he could soon dispose of them. The at
torney and the women induced him to sign
a document, so alleges Peterson, which has
since turned out to be a deed to the property.
Peterson now claims that the deed to these
lots was obtained by Misrepresentation and
without consideration. His son, who is
working at the Barker hotel, was seen last
night and he expressed the opinion that it
was a put up job on the old man 10 gain
possession of his property. The young man
thinks his father Is quite susceptible to fem
mime charms and could be coaxed into put
ting his name to documents of which he
knew practically nothing by his alleged
friends telling him that it was all right.
MIR. TIPTON'S STORY.
Attorney Upton was seen and asked for
his statement regarding these cases and the
suit for setting aside the title to the lots. He
talked freely about the matter and said that
When the case came up for hearing in the
courts he would show that he had an honest
title to the property, and that the lots were
decided to him by Peterson at his Peterson's)
own suggestion, and for reasons of his own
he had the title made out in his sisters
name. to be held in trust for himself. Tip
ton says that after their arrest Eva Thomp-
son, Jennie Guillemott and Anna Beauchamp
employed him as their attorney, and that Pc
terson came with them and guaranteed their
expenses. alleging at the time that he was
under obligations to them for their kindness
In the past, and now that they were in trou-
BILE he would not go back on them. Upton
told the women that he would charge them
5000 to defend their cases. All the parties
are alleged to have agreed to this and he
went to work. Shortly after this the attor-
ney says that in order to raise the $500 for
the defense of the women Peterson tried
to mortgage his property, and failing In this,
he offered to give Upton a mortgage on the !
lots as security. The lots are said to be
worth 81 200, and there is an alleged incum- |
brance on them Of a few hundred dollars.
Then, 1t Is alleged, Peterson tried to sell the
lots, and failing in this he asked Upton il |
he would accept the lots in lieu of the agreed
cash stipulation. The attorney said that he
would, and the agreement resulted in the
signing away of Peterson's property. The
man now seeks to set aside the title, alleging
duress In securing the document.
WHEN THEY WE'RE RELEASED.
But the reason why the women never came
to trial on the charge of receiving stolen
property does not seem clear. Upton SAYS
he went to the county attorney and after
relating the circumstances under which the
women became connected with the Larsen
and Brunswick robberies they were dis
charged from the criminal court in January.
Upton was asked how 1t was that he secured
the dismissal of the case and he said that
he never left a stone unturned In behalf of
his clients, and that while others may have
thought that the women were connected with
the robbery as charged, he believed that
they were innocent, and succeeded In con-
vincing the county attorney that that was
the case. The county attorney says that he
believed that he had convicted the right
parties connected with the robbery and that
the women had nothing to do with receiving
or eoncealing the goods which were found in
Fleming's room. The present status of the
case seems to be that Peterson is out three
good lots, Upton has secured a fine, fat fee
and the women have escaped criminal prose- |
cution at the cost OF their old friends
credulsty.
MUSI GO TO SIAII,S pRIsnN