The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-16
.fECELY Was A DECENfR
Judge Edwards Finds That He MIS-
represented Matters
HAS TO PAY OK GO TO, JAIL
lie Is Given Thirty Days 20 Settle Up or
Will Have to Show That He Is IN
Insoivcut Dcbtor-Judge Ed.
WARDS Opinion.

court yesterday to give ball In the sum
of 1000 for his appearance at a final
hearing within thirty days, when he
must either pay the debt he owes to
Kahn & Kahn, of New York, or show
Conclusively that he Is an insOlvent
debtor. Falling in this he must go to
Jail and the case will go before the grand
jury in criminal court f. A. Stevens
and f. Nj. Butz qualified as his bonds
men In the above named sum. A bench
warrant was issued by Judge Edwards
last Monday and Fegely was arrested.
There was a hearing Wednesday before
Judge Edwards in chambers. Fegely
was in the shirt manufacturing busi-
ness on the upper floor of 412 Spruce
street. The opinion of Judge Edwards
In the case Is as follows:
THE complainants In their affidavit
In this case set forth that the defendant
Is indebted to them in the sum of 29.51
for goods sold and delivered to him in
January, 1896; that a suit has been in
stituted in the court of common pleas
of this county to recover judgment
against the defendant for the said sum;
that the defendant has property which
he fraudulently conceals; that he has
rights in action, money and evidences
of debt which he unj jus tiy refuses to ap-
ply to the payment of the conplain-
ants debt; that he has assigned, re-
moved, and disposed of his property
with the intent to defraud his creditors;
and that he fraudulently contracted the
debt sued for by the complainants.
WARRANT ISSUED.
considering the affidavit sufficient in
law, ] directed a warrant to issue and
the defendant was brought before ME
fora hearing. At the hearing the de-
fendant presented an answer denying
the allegations Of fraud contained in
the complaint. verifying his answer by
an affidavit and submitting himself for
examination under oath, touching the
facts and circumstances material to the
inquiry before me.
THE allegations as to the fraudulent
concealment of property, the refusal
to apply rights In action. money. and
evidences Of debt. in possession of de-
fendant to the payment of complain
| ants claim. and the removal of prop
erty from the reach of defendants
creditors are not sustained by the evil
dence. The only allegation of fraud re-
naming is the one charging the de-
| fendant with fraudulently contracting
| the debt now due to the complainantS
"On this question the material facts
| are not In dispute. They are to bt
| found In the affidavit of the defendant
| and In his testimony. According To all
| the evidence In the case the credit given
the defendant for the goods purchased
by him from the complainant was
| based upon certain representations
made by him as to his financial ~
sponsibility. The basis of the credit /.
| the following statement furnished I,
the com mplainants.
.af Il
1895, and took un interest in the Scraii
ton scarf company with MIR. traver
| and Mr. SteN ems. Mr.. Craven was til.
practical man and had no money. Mr.
| Stevens had some means. but no expert
| eice IL this line. | W:4S handicapped
| BY them from the start and concluded
| to buy tEem out. At the start | put IL
$500 ard subsequently pi.!d Stevens SyU0
| have since put in 81 100 IN cash and
, vii. add about 81 .5GO as soon al the bust
ness develops. ! am worth $4,000 clear
| and as to my connections and respect
aility you can easily ascertain through
agency sources
THEY ALI. AGREED.
| ''rhe defendant and complainant.
agent, as Well as the representatives o
Dun's Commercial agency. agree as t,
| the statement made by the defendant
The complainants sold goods. to the de
fendant in January, February ant
March or April. amounting altogethe
to more than $500. On May an execu
ton was issued against defendant on
Judgment confessed by him for So, 400 IL
favor of his father. The note on which
judgment was entered dated back t,
February, 1896. Defendants stock o
goods was levied on and sold by TIL
sheriff, and the defendant also assignc,
to his father. through an attorney a
trustee hook accounts amounting t
about $1,000. The proceeds of the sal
did not satisfy the fathers judgmen
and of course there was nothing left 70
defendants other creditors.
THE following facts We're established
by defendants own evidence:W Th
first $500 put In the business was Dor
rOWed by him from his father. (2) Tn
$500 alleged in the statement to hav
been paid to Stevens was secured b.
defendants note with his father a
surety, the note being payable in thre
years after date. go The LOO cas-
which the defendaE, says he put in Tn
business was part OF a loan of $500
received by him from his father, $500 @
the loan being used by the defendan
outside of said business. (4) The addi
|
ed putting in the business was to be re
ceived by him from his father The ia
ther either failed or declined to rails
this money.
In the face of these undisputed fact.
known to the defendant at the time h
made the statement to the complain
ant and to Dun's agency, how could h
say with the slightest regard for trut
and honesty that he was worth $5,Ot
clear? He had no money Of his own
the business. The natural and fair ei
feet of the defendants statement woul
lead his creditors to believe that he ha
, paid Stevens his 5000 in cash that til
, $1,000 put In the business was his Ow
money, that he had $l,50O more with
reach when needed and that thes
amounts with the profits or increase ,
his business would leave him $50
clear over and above all his indebted
ness. This Is the only reasonable cor
struction that can be placed on the dt
PENDANTS statement. In the light
the evidence before me, the statemer
as whole was untrue and well dt
signed to deceive.
DEFENDANTS EXCUSE.
"The defendant endeavors to excus
and even to justify himself In maxim
such a statement on the ground that /
did not consider the loans from his ia
ther as an incumbrance upon his cap
tai. He says that when he received II
money he gave no notes; that nothin
was said as to the payment Of II
money, although 1t was understood /