The San Francisco call., 1896-02-12
Papers in the Case Missing
From the Justice Clerks
Office.
BOND AND COMPLAINT GONE.
Pittsburg Phil's Friend Says He
Liquidated Under Duress and
Will Ask Damages.


fidential man, carries out the intentions
that are indicated in an answer filed in
the Justices Court yesterday Colonel
Theodore G. Marceau. the photographer,
will soon have a $25, ,0O0 suit for malicious
arrest on his hands.
Incidental to the threat of heavy legal
battle between the turfman and the pic
ture-man there is CONSERVATION in the
Justice Clerks office regarding the papers
in Justice Court suit between the two.
The most important documents in the
case-that may have material bearing on
the final issue-are missing and no one
seems to know where they are at the
present time. A search of ell the papers
in the possession Of the clerk has been
made without result and Clerk Williams is
now trying to ascertain who carried them
away.
In March last Maloney visited the
Marceau studio and sat for his portrait.
The turfman was not satisfied with
common panels, but ordered the most
expensive kind, agreeing, as he admits. to
pay $40 for the lot When they were
finished he alleges that he was disgusted
with the job, that the pictures bore very
little resent blance to him, were very poorly
executed and that he refused to accent
them.
He also says that while taking the sitting
he was asked by the photogra pher to allow
life-size portrait to be made, and that he
consented, though warning the operator
that he would not buy the same and that
the likeness must be made at the expense
and risk of the house.
When his refusal to accept the pictures
reached the ears of Colonel Marceau, that
parsonage at once instituted suit for $225
for material and labor furnished, alleg-
ing that the turfman had ordered that
amount OF portraits.
While the suit was pending Maloney was
called East on urgent business and pre-
pared to depart. Just as he was leaving
the Palace Hotel where he resided. a
stalwart blue coated guardian of the public
peace appeared with an order for his arrest
on a charge of attempting to defraud his
creditors. With the policeman came a
representative OF Colonel Marceau, who
said that if the bill was paid in full at once
Mr.. Maloney would be pc rmitted to go ON
his way rejoicing. Not having time to
stop and put up bond for such trif1e as
$225, Maloney paid the money and left OH
the next train.
Recently the turfman returned, full of
wrath and a determination to make the
photographer pay dearly for the trouble
he had caused.
In the answer filed yesterday he not only
demands the return of the $225 paid under
''duress and force of circumstances, but
expressly states that he has been injured
by the enforced payment TO the extent of
$25, 600, and that he proposes to sue for the
same. The answer concludes as follows:
counterclaim defendant alleges that this suit
was brought and an order of arrest issued
without any authority of law and in violation
of the statute, and without any sufficient ex-
cuse therefor, and on March 30, 1895, this de-
fendant was illegally and at the behest of
plaintiff arrested while he was about departing
from San Francisco on business and lust as he
was leaving his hotel, to wit, the Palace Hotel
for the train departing eastward; that he had
not time to consult his attorney, obtain legal
advice or prepare to give any bonds or protect
himself at all, and being entirely at the mercy
of the plaintiff and the officer of the law he
was compelled and coerced by Illegal pressure
and the circumstances, much against his will
and in the face of his violent protest that he
did not owe plaintiff any money, to pay the
plaintiff anything he asked; that plaintiff de-
manded 1926 in gold coin which he
thereupon paid him and took his receipt there
for and thereupen departed East. where he re-
mained until recently; that defendant has
during the last sixty days returned to this CITY
on business; that the defendant has demanded
of. said plaintiff the return of said 1925, with
interest thereon, but to pay the same or any
part thereof the plaintiff has refused and neg
leeted and still refuses and neglects. The de-
fendant has counter claim and cause of ac-
ton against the plaintiff for damages by rea-
SUI VI the llIeBdi drIeSI allegeQ ana referred TO
in this answer, but as the amount of damages
he has sustained is the sum OF $25 600 this
court has no Jurisdiction of the said counter
claim, and neither has any Justice Court ju-
rlsdlctlon OF said counter claim, but the de-
fendant does not waive the same but he here
by expressly claims the said damages and his
right to obtain the same, and declines in every
way to waive the said damages or any part
thereof, or to waive his cause OF action against
the plaintiff or the sureties on his bond given
on the order of arrest herein.
Charles I. Hanlon has charge of the
case for Maloney, and when few days
ago he called at the Justice courts to ex-
anime the complaint filed by Marceau's
attorneys and the bond given by the pho
tographer at the time of Maloney's arrest
to cover damages he was unable to see
them. They were missing from the pigeon
hole where the clerk had placed them and
the strictest search failed to show why or
when they were-removed.
1t is believed that some one entered the
room where the documents are kept while
the clerk was engaged in looking up papers
for other parties and quietly walked off
with the bond, complaint and other papers
connected with the case.
Attorney Hanlon states that while the
missing bond would be appreciated if it
could be found it is only for a small
amount and would fall far short of cover
ing the sum asked by Maloney as balm
for the wound to his pride caused by his
arrest.
Rodgers & Patterson have taken Mar
ceau's end of the case and will do battle
with Mr.. Hanlon when tie case reaches
court.