The record-union., 1896-01-22
IT WAS NOT EMDEZZLEMENT.
Why ]. F. Palmer Failed to Return the
GiVenS Bicycle.
Admitted He Was Negligent, But De-
clared He Had No Intention
of Keeping It.

1t was quite apparent to those who
heard the testimony yesterday in the
case of j. F. Palmer, whom Mrs. J. w.
Givens had charged with embezzling
her bicycle, that he would be acquitted,
and such was the result of his examina-
tion. Palmer had been negligent about
returning the machine, and so admit
ted, but it was evident that he had not
intended to keep it.
Mrs. Givens testified that last sum-
mer she let Palmer have the use of the
bicycle in lieu of instruction on the
guitar. She ceased taking lessons in
October, and he was to return the wheel
shortly afterward, but failed to do so.
The original value of the wheel was
$125.
O. A. Lovdal made his debut as an
attorney in court by appearing as coun-
sci for Palmer. In response to his in
quiries, Mrs. Givens repeated her first
statement as to the terms on which she
| lent Palmer the wheel.
Mrs. Givens further said that her OBJ
| ject in causing the arrest of Palmer was
to recover possession of the wheel as
she could not learn of it's whereabouts.
| Mrs Palmer called on the witness some
| time ago and said her husband was
away, but that the wheel would be re-
turned.
She further explained that she swore
to the complaint on the advice of the
City Attorney, after having stated the
circumstances to him. This was veri-
| fed by that official.
| ]. w. Givens, husband of the COM
plainant testified that the bicycle was
| his property. He authorized his wife
| to lend it to Palmer last September as
payment for some music lessons. Late
in October Palmer was at his house and
said he would return the wheel about
the 1st of November, but did not do so.
/ Mr.. and Mrs Givens' seven-year-old
daughter told what she knew Of the ar
rangement, and said that her sister had
once been sent to Palmer's house after
| the wheel.
| C. C. Cooley, freight clerk in the rail-
road Office, testified that the wheel had
been at his house for couple of months.
When Palmer took it there he asked
permission to leave. the wheel there two
or three days, as it would be unsafe to
leave it at his house. Since that time
he had not seen Palmer. When the
latter left the wheel he said he intended
to have it cleaned and repaired before
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say to whom it belonged.
The witness was asked If he had not
stated to officer Logue that he supposed
the wheel was Palmers and that the
latter talked as If he wanted to ask for
a loan on it. He replied that this was
true, except that he did not understand
that the wheel was Palmer's.
The defense called j. F. Banta, a
bicycle expert, who testified that If the
bicycle were his he thought he would be
doing well if he could sell it for SO. 1t
was probably worth $125 when new, but
is old style and had been broken. He
had repaired it for Palmer.
| L. T. Andrews, another bicycle expert,
testified that he would not give more
than $40 or $12 for the wheel in its
present shape.
| Palmer himself then took the stand
and gave his version of how he came
by the wheel and why it had not been
returned. He had agreed to give Mrs.
GivenS guitar lessons in consideration
of being allowed to use the bicycle, and
did So 1t is not in as good condition as
| when he got it. He had it about a
month, and as he was moving he left
| the wheel at Cooleys and asked him to
look after it. Shortly afterward he went
to San Francisco, and while there de-
cided to remain. as he obtained en-
ployment at Main & Winchester's har-
ness shop. He regarded this as but
temporary, and expected to return to
this city.
In the meantime he wrote to his wife
here asking her to get the bicycle, have
it repaired and returned to it's owner.
This had not been done, and he admit
ted he had been careless about it, but
had never had any intention other than
of returning the wheel
Justice Davis could see no evident in
tention on the part of Palmer to appro-
pirate the wheel to his own use, and
when the case had been submitted he
ordered Palmer released
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