The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-09
THE CA Z IS DISMISSED.
MR.. F. H. PLUEMA CHER FOUND NOT
GUILTY Of EMBEZZLEMENT.
On the Day Check was Given . suficient
Amount was on Deposit-Chsck Never
Been Presented In Bank.

After n number OF postponements the
oas, against f. II. Pluemacher was finally
,,ken I'M In the Police Court IL special
session Yesterday afternoon at o'clock.
1ne accused was on hand with his coun-
co. C'oI William +. Wickham and MIR. ~.
G. Richardson, while Judge / n; "ch-
ham was unavoiddbly absent. I"e VII VII
nesses in the case were MesSIs' I tt,s
Unlauf. j. j. lmlauI' husu'' D''''"e'
me warrant upon which the accuseu
had been arrested set form thaI r. "a
PuemaCher ala unlaWlully anu leiC 80 ~,
IL take steal, and curry away 49, "a
United States currency, the nuHlDeI ahu
denomination OF Wdch IS unknown 80
of the value OF 500 OF me soouo ~ ~
chattes and moneys oil Le"io
Mr.. Lewis Umlauf, Of Chicago, N was inc
first Witness VINO made the loIIo "n,s
statement: ON January AN ldsI IRON
Cuted a warrant uced 10 IVf - - sttreat
crtv on 1uirty-Hrst street, corner ~ So t,''t
! ssort INC Geed TO my Drotner IN hlCn-
mond but never received any Coli' ~ ba
ton Tor the lot. he tolal @l am, 40
paid to me for the properly wac Sda this
Air. j. i. Umlauf, of this Guy N hau' land
Statement. NV brother owned sotiIe , .n"u
in this city, and ] transacted lhe uu3iI IN
for him. MIR. August DO'lhs V.nich
purchase sixty feet OF lahH, lUI ~" Mr.
INV brother asked so per ROOT, Wine -
Boling only wanted 10 pay IS per bi11
,Drnsa 10 nv brother ana induced nun mn.
10 sell the land at IS per i0ol, NiI .rdic'eired
taking the whole lot W men / 20 Nr
the secuted deed took the same 10 NJ NJ
Iluemachar and left il with nm az M
request | told him al the uiile M N
wanted cash. because dld Hot -,
be bothered with cnecks. ~ 1S'ti,ouDacber
a good while, ana finally MT. nor
cave me TWO checks, one Tor my pIo'H
Tor SO and one for myself Tor apoul go
me latter being for some pusI ~ o,nyeeIf
action ! had with Mr.. flueiila az, trnfnor's
asked him to make OUT ,lIGGt,o1 70 do
db"ck in. nv name, but he declined 20 w
go. saving that 1 mad no pow "a - he
new. Notwithstanding the LdIt ''I'n ,.or,t
had let me make the sale. w ne" -
&c. the state bank TO draw my ChgLn u
Vas told that the check was noL O,.vt
ANYTHING. / went to fIueiilaI h "a inst
a. VINO then told me that ne ndu - a.
d iaaS,., ID tIi0 in bank, so ] went there az
80 and drew my money. SoIie -.
later. after some CorrespohIeuiTTe "ttnnnts
Lrotber and after several lutIle 70
70 cnlIect the money at the Dam, MIN
turned to PlucmaCHe' fN
DaG ,I tlie Questioned by Judge Crutcnilieldi::
rritncss stated that ne had u'. ,.ocsive
l"a0iiceted Mir. Pluemacher not 10 iot
fequtSteu .' from the purchaser, but IeI
tirn know so that he cOuld pc ~ al
nm tho nromise to do so he lelt the u''"
with Mr.. Piuemacher'
ON NOS, -rXAMGNAIloN.
nv, cross-oxamination 10y Messrs. IticnI
ardson and Wckham, witness So on
cave the deed TO Mr.. fIutIidt. ,,,,i,,
IIanvarV 26tb or 9th l saw MIN az ne
he Following week, when ne 5"'d IN,
would make a settlement ana ON
Lrs'noss transactions with MIN, anu Ia
EnITiIar,, Mn ne handed me seq
mont and with It q cheek lor doV't 90
The check to my brother oLte' t.oIa'tee
| never presented at the pam, "a nv
| knew that at the time PI a. h9Tk 10
meet that one and thought il 49, -,
of no use TO send the OlHel Tbore
and have ii returned proles'.u' a,, tho
vas then no money in bank 10 pay " ~
ESd ord certainly not enough money 10
nav the 500. 1 tried 10 obtain tle HiD'' -
and | even went 10 see MI H"S 81 j,5iIr-
father-in-law for the pun PG1n,,te.,, Ui 10
ing him to influence Mr.. Piugi.4aCiIe 5 90 ~
nav me the money. On one OF IN 80 "
raSiOrs / was asked to buy a nouSt, IN
the West-End on the insia'!ne"l ro I,'1''
with the understanding that the ali'U r,,r
~ $40 should be deducted from ue PuL
chase price. / declined the proPo@lu.rU}n'
for | did not want TO buy a Aoust. ny
hook for $50 with the money Whlch l
oved Pluemacher. and his commission
etc. made. with the check Tor S9': inc
total amount of the purchase price. NJ
At this stage of the proceedings III.
Lewis Umlauf who is q lawyer OF NJ
cago. took a hand in the eXanlnauoiil;;
he claimed that before the accused could
offer his brother other property IN CDn-
SiIpTdtlDn OF the uttu ~ '''"
been compelled to show that his hrothsr
II / UmlauD was authorized ny nun
n owls TmlauD TO receive other property
while the deed called for money.
Mr.. August Boiling, the purchaser vi
the property in question, narrated nov now
he bought the property for which ne gave
a certified check for $500 and S2 In cash
MADE NUMEROUS DEPOSITS.
Mr.. Watson, the bookeeper OF Mr.. Plue-
macher told how the deed had been hand
ed to MIR. j. j. Umlaut 10 be sent to Chl-
cago. After its return Mr.. Pluemacher
handed the deed to Mr.. Boiling FOR a
short while 10 have il examined by ms
lawyer. After finding 1t correct Mr. BDlI-
ing paid over the purchase pIlSe. NJ
subsequent payment to MT. umlau,, as
we'll as the whole transaction, was made
in the customary way by check. Nithess
left Mr. Pluemacher on May ISL, buI UP
TO that time witness made numerous de-
posts. sometimes two in a DAY, ana, 70
Inc best of his recollection. the deposit
on several occasions exceeded the amount
of $3.50.
near from the bank officials. Soon after
MIR. r. ". CardWell, bookkeoper OF the
State Bank, appeared IN court and pro
duced his book. He stated mat on feb-
given Mir. Pluemacher had S5j5.N on de-
post, and on the following DAY he drew
ont only checks for total OF SAo.No. Be
tween that day and March 2lst he had
denosited on one day $j2l and on another
$500. and a total amount in that time
A lengthy argument followed by Messrs. |
Lewis Imlauf and d. G. Richardson for |
their respective sides.
Justice Crutchfeld. in rendering his de-
cision. said: Il agree with counsel for the |
defence, that in order 10 estab ish en- |
bezzlement the intention Of fraud had TO |
be shown. At the time the check was !
given $50 were deposited I'm bank, as
shown by the evidence, and since then |
up to March 3lst the deposits aggregated |
ssh. Had the check been presented at |
been certified. Under these circumstances |
| can do nothing but discharge the ac- 4!
cuscd.'