The San Francisco call., 1896-05-16
Two for Grand Larceny and
Two for Embezzlement of
Gas Stock.
BENCH WARRANT FOR ARREST
The Breach of Trust Involves $40, 900.
How Harvey Duped the
Widow.

The Grand Jury yesterday found four
| indictments against Leroy G.. Harvey, a
welI-known private banker and financial
agent of this City. Two of the indict-
ments are for grand larceny and two for
EN- beZZlement. The sum which Harvey
is said to have embezzled approximates
| SAC, 900, but the amount Immediately in
volved is $4,000 representing the value of
300 shares of the capital stock of the Oak
land Gas, Light and Heat Company, which
were assigned to him for specific pur-
pose by Mrs. Emily A. 2. Smith and her
daughter, Miss Maude A. Smith, of San
Francisco.
The Grand Jury heard as witnesses in
the indictment proceedings: Harry Piper,
Chief Deputy in County Clerk Curry's
office; Emily A. P. Smith, John A. Brit
ton, J. Dalzell Brown, Maude A. Smith
and Guy c. Earl, a State Senator from
Alameda County.
The case was presented to the jury by
District Attorney Barnes. The indict-
ments were reported to Judge Slack. The
District Attorney said to the court that
there was no necessity for placing the
papers on the secret file.
The first Indictment for grand larceny
sets forth that on August 25, 1894, Leroy
G. Harvey did felonlously steal and carry
away one certificate representing 225
shares of Oakland Gas, Light and Heat
Company of the value of $40 per share, the
personal property of Emily A. P Smith.
The second indictment is embez element
and states that in San Francisco on
October 81, 1894, Leroy G. Harvey was
then and there, as pailee of Emily A. 2.
Al 90
land Gas, Light and Heat Company stock
and did embezzle, convert and appropri-
ate said stock to his own use contrary to
the said trust as said bailee.
| The third indictment is for grand lar
ceny and sets forth that on August 2,
1894, Leroy G. Harvey did steal seventy
five shares of Oakland Gas, Light and Heat
! Company stock belonging to Maude A.
Smith.
The fourth indictment charges embez-
Element and sets out that on August 4,
1894, Leroy G. Harvey as trustee of Maude
A. Smith was entrusted with one certif-
cate of Oakland Gas, Light and Heat Com
pany stock, valued at $40 per share, and
! did in violation of the trust wilfully and
! unlawfully convey the same to his own
use.
On October g. 1891. the estate of George
Law Smith of San Francisco was distrib-
uted to his heirs-his widow, Emily A. P.
Smith, and his daughter, Maude A. Smith.
The estate was very valuable, consisting
of desirable real estate in San Francisco,
stocks, bonds and other securities. At
the time of his death or shortly before his
demise, George Law Smith owned the
valuable gore property at the intersection
of Market street, Golden Gate avenue and
Taylor street, on which the Colonnade
Hotel stood.
He was careful, prudent and economi-
cal citizen, and as result of his industry
and prudence his widow and daughter be-
came possessed OF large share of worldly
| treasures.
Having vast and varied property in
terests to look after the widow deemed it
advisable to employ the assistance of a
financial agent. Leroy G. Harvey, pri-
vate banker of reputed sagacity and fine
business attainments, was engaged as Mrs
Smiths agent She had the utmost con-
tidence in his integrity and the greatest
admiration for his judgment. For long
time he managed the property interests
confided to him to the satisfaction of the
|
daughter.
According to the story which was told to
the Grand Jury yesterday Harvey in July
or August of 1894 represented to Mrs.
Smith that he desired to enter into a deal
or speculation which promised a large
return to any one fortunate enough to
become associated in the enterprise. He
represented to the credtilous widow that in
order to get fair stanoi ng in the company
be would have to convince his associates
that he had ample means of his own.
Therefore he said to her: "Assign to me
these certificates of Oakland gaslight stock
and I will show the securities to the men
with whom l am to be associated, and
they will be convinced that l have the
necessary capital to get along"
Mrs. Smith had always trusted him as
her financial agent and confidential man
ager of her busne IS affairs, and so she as
sented to the assignment or transfer OF
the stock to him on the condition that he
would restore the property to her as soon
} as he made this temporary use of the
stock.
The Grand Jury narrative was to the
effect that Harvey did not return the
stock, but appropriated it to his own use,
and ultimately sold 1t to innocent pur-
chasers. 1t is said that some payments
on account of the stock were made to the
widow. Transactions in other securities
must have followed for statements were
made to the jury that Harvey had con.
verted to his own use some $40, 900 worth
of property belonging to Mrs. Smith and
: Miss Maude A. Smith.
Senator Guy c. Earl accompanied the
widow and her daughter to the District
Attorneys Office, where the investigation
was held with closed doors.
The jury did not deliberate long after
the witnesses were heard. and the infer
ence was created by this circumstance tn at
clear case of grand larceny or embezzle-
ment had been established.
On motion of District Attorney Barnes
in Judge Slacks court bench warrant
was issued for the arrest of Leroy G. Har-
vey. The warrant was at once placed in
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