The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-29
". ]. M'INTYRE ON TRIAL
Charged with Conspiring to Dcfraud
Columbia Company Stockholders.
CASE IN HANDS OF THE JURY
Jurors In the Proceedings Against the
Hewitts Could Not Agree andWere Dis.
ehargcd-Evidence Adduccd in the
Case Against Thomas HOLMAN.

w. j. Mcintyre, general agent for the
Industry Savings and Life Insurance
company, of Philadelphia, and sub
agent for the Columbia Loan and In
vestment company, of Washington. II.
c., was put on trial before Judge Peck
yesterday, charged with conspiracy
ana obtaining money under false pre-
lenses by &. w. Coleman, janitor of
the Second Presbyterian church. j. +.
Harris, who was indicted with McIn-
tyre. has fled the city and Mcintyre had
to go to trial alone yesterday. Their
plan of operations was set forth in de-
tail in The Tribune at the time of the
arrest Of Mcintyre. early in May.
The present prosecutor is only one of
large number of persons who make
similar charges against them. City
Solicitor Torrey and ex-Dstrict Attor-
ney John y. Kelly conducted the prose-
cution yesterday and Attorneys j.
Elliot Ross and Nathan Vidaver de-
Tended Mcintyre. who is charged with
Illegal acts in connection with the Col
umbia concern only. Harris was the
agent for the company and he ap-
pointed Mcintyre as his assistant to
business generally in his absence.
Concern Became Irsolvent.
Last December the Columbia COM
pany became financially involved and
Il receiver was appointed by the su-
preme court of the District of Columbia
and the company restrained from col
Letting anything farther on its stock
save that on which money had been
loaned. Coleman had three shares of
stock in the concern on which he paid
50 a week. He swore yesterday that
nothing was said to him about the con-
cern becoming insolvent, and that Nc
lntyre continued to collect from him
regularly. Several times Coleman made
inquiries concerning the company and
was assured by Mcintyre that it was
In splendid condition.
II. Bragdon. who was with Coleman
at Mclntyre's office, on Spruce street,
during one of these interviews, cor
roborated this testimony. l.. b. Smith,
anC'ther stockholder of the company,
was called to show that he had expert
ence similar to that of Coleman, but
the testimony was ruled out.
Mcintyre OH the stand.
w. j. Mcintyre was put on the stand
as the mainstay of his own defense.
He said that on Dec 20. 1894, he was en-
gagged by j. +. Harris as clerk and col
lector at a salary of so week. His
duty was to collect from the etockhold-
ers of the Capital Maturity ard Invest
ment company, to which concern he
a tA g H. III,
pany was supposed to have been trans
ferred after the latter went into re-
ceiver's hands.
Harris has left the city, but the wit
ness produced letters from him writ
ten at Philadelphia and Washington,
ID. G. Checks We're offered In evidence
showing that money collected by Nc
IEtyre had been forwarded to Harris
and by him endorsed and the money on
them collected. The witness declared
that he conducted the business for Nc
lntyre in good faith and accounted for
all the money collected. He denied that
he haf ever told Coleman, after the re-
ceiver was appointed. that the Column
bla company was in good financial
condition.
He COntradicted Mcintyre.
Mcintyre said that he notified Cole
man and the other stockholders after
the company went into the receivers
hands, but this statement was positive
ly denied by Coleman. who was called
in rebuttal. A book kept by Mcintyre
was offered I'm evidence to show that
the stock of the prosecutor was trans
ferred to the Capital Maturity COM
pany, although no change was made I'M,
the stock certificates. Mcintyre was
of the opinion that it was not his duty
ITO see that the stock was transferred.
Harris told him it had been done and
he took it for granted that the state
ment was true. Altogether Coleman
paid to Mcintyre $lSS.
Attorney j. Elliot Ross argued to the
jury that the defendant should be ac-
quilted, for If any unlawful acts had
been committed Harris was the guilty
man. Mr.. Kelly made a forceful and
convincing argument for the prosecu-
tion. After Judge Peck's charge the
jury retired at 3.45, but did not return
with verdict while count was in ses-
sion.
Hewitt Jury Disagreed.
1t was impossible for the jury in the
case of the commonwealth against +.
II. and w. II. Hewitt to agree. and
after court opened yesterday morning
they We're discharged from further con-
sideration of the case by Judge Peck.
having been together for twenty-five
hours. The jury stood nine for convic-
tion and three for acquittal. Those
who favored conviction were Andrew
Iophie, r. A. Lane, William l.. Jones,
w. j. Lands, Jacob Kempher. l.. T..
Giles, Patrick Ruddy. Stanley Day and
John Long. Those who thought the
Hewitts should be acquitted were: =.
r. Mccain, Miles Mcdonald and Alex
ander Starkey.
Patrick Mcdonald, James MCGOWAN,
Thomas MCGOWAN and Henry Murray
of Dunmore. were found guilty of hav-
ing stabbed Joseph j. Sheeran. but were
recommended to the extreme mercy Of
the court. A nolle prosequl was en-
tered on payment of the costs in the
case of Michael Costello, John Lally,
Peter Lynch, James Goughen and
Michael Barrett, charged with mali
clous mischief By James Fl. Reap.
Very Salacious Case.
The main court room was crowded all
of yesterday by an audience that gath
cred to hear the Inwbolesome details