The morning times., 1895-07-16
Forgot to Surrender Some Notes
10 Messenger Hawkins.
LOAN VERY MUCH DEDUOBD
Com missioner Ross Regards the Ex-
Police Sergeant as Thoroughly
Honorable Man, But Declares He Can
Only Get Fair Interest-Shylock
Newman and Piano.

The case of Messenger Hawkins and
ex-Sergt Malloy, of the District govern
ment service, is undergoing investigation,
as recently reported in The Times
Hawkins alleged that he borrowed 500
from Malloy; that he was charged at the
rate of 120 per cent per annum for it;
that he had paid S96, and that NaIloy,
claiming that Hawkins owed him 500
stiu, went to see Commissioner Ross
about the matter.
When these facts were published in The
Times Commissioner Ross acted promptly.
He referred the question in dispute 10
Auditor Petty, who had paid 50 month
for eleven months, out OF Hawkins salary
to Mr.. Malloy on orders of Hawkins.
Commissioner Ross said yesterday that
the auditor would hear both sides and
make a report in accordance with the facts.
CAN ONLY GET FAIR IN TEREST.
Hawkins certainly has notes OF SO a
month at the rate of 6 per cent per annum,
while the face of the transaction shows that
the SO was put down as S11 and the 6
per cent in addition.
Commissioner Ross said that Mr.. Malloy
could not be allowed more than a fair rate
of interest. He is informed that Mr.. NAL
10y has made a mistake in his accounts in
this way: When Hawkins made new notes
some of the old ones were not surrendered,
and the old ones have inadvertently been
added in, and hence the large amount
claimed to be due.
This will no doubt be Mr.. Maltoy's de-
fense. Mr.. Ross believes Mr.. Malloy to
be a perfectly conscientious man, but, as he
said, he shall not receive more than "a
fair rate of interest"
The maximum rate of interest is l 0 per
cent which, on $50 for two years, would
be only $1S, making total of S1OS. Haw-
kins has already paid 500, leaving bal
ance OF $12 instead of the $50 stated to be
due.
The suits growing out Of money loaned
on furniture have broken out in new
spot One of these cases now pend ding and
in court was before Justice O'Neii yes
terday, and Mr.. Shylock Newman is a
party to 1t.
1t is expected that the evidence in the
case will develop the old story of few
dollars loaned on piano, the seizure Of
the same and the ensuing legal muddle on
the outrageous nature of the agreements.
Some time ago the old firm of W. 6.
MetZerOtt & Co. sold a piano to Bessie
Durand on the instalment plan, the
property to pass to her only on the pnai
payments being made.
MOh1d<tNISO IL ~ M w 4h1-N.
Getting into straits, she mortgaged it to
Newman at rates which have not yet been
determined in the suit, but which will come
out in due time. She represented to him
that she had paid for it although that fact
was an easy matter to verify.
When Metzerott & Co. discovered this
transaction they promptly notified Mr..
Newman that the piano was not paid for
and claimed the property.
Newman sets up that there was an
agreement a the time whereby the piano
was to be sold; he was to have certain
amount, Metzerott & Co. a certain amount
! and the trustee uuder the deed tohim to have
| the balance.
Newman, after seizure, advertised the
piano for sale a lady went to see him
but before buying saw MetZerott & Co.,
| and in that way the Metzerotts found
that Newman had the piano in his pos
session They then began to look for it,
went through his house, but failed to find
| it, although the plaintiff is prepared TO
| show that it had been there.
| PLAINTIFFS FEEL CONFIDENT.
The case against Newman was dismissed
on the technical ground OF misnomer, but
| the plaintiffs thereby have had the ben
eft OF certain information BY which the!
| are ConlluenI tnat lheS win wiz INC case
The attorney for Mr.. MetZerott said
yesterday that Newman has offered to
settle on the basis OF the agreement above
noted.
a curious part OF the case just now, and
which will develop more interesting mat
| ter, is that the MetZerotts deny absolutely
any such agreement as Newman alleges
and yet he is III possession of the lease
in the first instance from them to Bessie
| Durand.
The Metzerotts' case is that this lease
is not in the possession of Newman or any
one representing him as a part OF an
agreement or the guarantee OF any agree
ment, and the attorney for the plaintiff
Mr. Naly, said yesterday that if it were
| not surrendered he would bring suit tc
recover it and show in what manner II