The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-04
PRETENDED TO BE DEAD.
Judgments Obtained by False
Swearing Will Now Be
Set Aside.
PENALTY FOR THE 0FFENSES.
IF Convicted the SWindler May Be
Sentenced to Thirty-Flve Years
imprisonment.

KANSAS CITY, Mo-, Sept. 8. DR..
George w. Fraker, the insurance swindler,
arrived at Kansas City at $50 o'clock this
evening in the custody Of his captors and
was at once placed in the jail of jackson
County. He was met at the depot by the
Sh eriff of Ray County, who placed him
under arrest on five charges Of attempt to
defraud and obtain money under false pre-
lenses.
1t was in Ray County that DR.. Fraker
pretended to fall into the river and drown,
and as that act was the principal one in
series to defraud the insurance companies,
he will be prosecuted there. If he is found
guilty on each of the five charges made
against him, he may be sent to prison for
thirty-five years. seven years on each.
At the same time criminal prosecution
was begun against DIR. Fraker steps were
taken to recover the insurance money
which had been paid to ex-Judge Lincoln,
the executor of the estate, and this morn
ing before Judge Foster, in the Federal
court here, attorneys for five of the de-
frauded insurance companies filed five
suits. They were against James E. Lin
coin, executor of the estate; George w.
Magruder, trustee for the Fraker orphans;
w. E. Fowler, Judge of the Probate Court
at Liberty; Nancy j. Magruder and Gym
thia a. Hatfield, sisters of DR.. Fraker, and
the Commercial Savings Bank at Liberty,
Mo.
The petition in each suit reviewed the
facts of the insurance policy on DIR.
Fraker's life being in force on July 10,
1893, when he disappeared and falsely
and fraudulently pretended to be dead,
and consp1red with James Trplett, George
Harry, Jake Crowley and others to pre-
tend that he was drowned in Ray County"
The petition recites that Fraker left a
will by which Lincoln was made executor
and his sisters and nephews were made his
heirs; that the heirs demanded the $751;
600 insurance money, which was refused,
and that suit was brought and judgment
obtained against the insurance companies
by the heirs. 1t states that the evidence
by which the judgment was obtained was
perjured and false. The judgment had
been paid to Executor Lincoln August II,
and on September it was discovered that
DR.. Fraker was alive in Minnesota. The
court is asked to set aside the judgment
which was rendered in favor of the Fraker
heirs and that Lincoln and Magruder be
ordered to pay back the Judgment money,
the principal and interest, and that Judge
Lincoln and the other defendants be en-
joined from paying out any of the money.
Judge Foster made the injunction as
asked, which will be in force till the
United States Circuit Court meets here
early in November, when Judge Phillips
will reopen the case, set aside the judg-
ment and order the money returned to the
insurance companies. How much of the
money paid over to Judge Lincoln has
been paid over to the Fraker heirs is not
known.
The Modern Woodmen of America will
recover the whole of the $1,000 policy held
in that order by DR.. Fraker. This money
was paid to Miss Utter, clerk of the United
States court in check, and it still remains
in her hands, Judge Lincoln having me-
elected to call for it. By agreement of the
attorneys this check will be held by Miss
Utter till the final settlement of the case
before Judge Phillips.