Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-23
Lawyer Fields Files a Paper in
Court.
DENYING ALLEGATIONS AGAINST HIN
His Explanation of the Curiously
Indorsed Check.
ORDER OF THE OURT

Mr. Thomas NJ Fields, the attorney who
a few weeks ago was reported to have mis-
appropriated $9TO, and then left town, to-
day in a petition in equity stated what he
claims are the facts in the transaction.
Mr.. Charles F. Benjamin, another attorney.
was quoted at the time as charging Mr..
Fields with the alleged misappropriation.
After describing a transaction involving
the sale of ten houses, Mr. Fields goes on
to say that he had been compelled to leave
the city, en- account of overwork, and knew
nothing of Mr.. Benjamtn's charges until
the newspaper clippings were sent him by
a friend.
Upon the receipt of the information, he
says. he Immediately started for this city.
An Emphatic Denial.
"Mr. Benjamin's charge against me of
misappropriating the $97O is absolutely
false" declares Mr.. Fields. After he re-
ceived the note and check from Mr.. Linger
he indorsed the check payable to the clerk
of the court. The check was payable on
it's face to him and myself as trustees.
This Endorsement he wrote on the back of
the check without my knowledge or con-
sent, and sent the check to me in this
shape, together with the note"
After explaining that he was at loss
to know why this check was to go into the
registry of the court, that he called Mr.
Benjamin's attention to the matter, and
that the latter then earnestly requested
him not to deposit 1t, Mr.. Fields says:
Explaining the Check.
'In the proper performance of my du-
ties as a trustee, and as requested by Mr.
Benjamin. l reduced the check into money.
To do this 1t was, Of course, necessary to
strike out the Endorsement written upon it
by Mr.. Benjarlin. He knew this, and also
knew that the check would be cashed very
soon. Apart from this 1 had as much right
as a co-trustec to strike out the indorse-
ment as he had to make 1t. Accordingly I
wrote my name through the Endorsement
made by him, and so indorsed the check
myself in blank and presented it to the
Central National Bank to be cashed For
the check Mr.. Fred c. Gieseking assistant
cashier, Immediately handed me a package
OF ten and twenty-doilar bills containing
$1,000, from which he first took $3O There
was no conversation whatever between us
about the check. He examined it. found it
correct and unhesitatingly cashed it for me.
about deposting this money in bank and
therefore took it to my office and placed
IT IN the safe there. 1t has never been out
OF uit my possession pos since | received it,
With his petition Mr.. Fields filed a pack
age containing 1870
Mr Fields characterizes as false all other
charges made by persons other than Mr..
BenJamin. There is not one word of truth
of malice and envy, and all of the charges
which have been SO generously heaped upon
me would not have been made except at q
time when 1t was known that I was abb
sent. ignorant of what was going on and
helpless"
In closing his petition, Mr. Fields asks
that the court rass an order authorizing
the clerk to receive the package of money
filed with the petition as deposit to the
credit of the cause. with directions to re-
tain the same until the claims have been
disposed of by the court. and to refund TO
him the difference between the sum re.
ceived from the trustees and a check for
$117.50 taken up and claimed to have been
paid by him personally.
The Money to BE Held.
Mr.. Fields read his petition to Judge Nc
Comas. who signed an order directing the
clerk to hold the 1910 until further order of
the court, as requested.
The Petition Not Received.
Later. Judge McComas decided not to
permit the filing of Mr.. Fields petition, as
1t contained statements that should not be
before the court. The order was amended
so as to grant leave to Mr.. Fields to de-
posit the 500 into the registry of the
court.