Evening journal., 1897-08-31
FOSTER AND SUTTON.
They Are Cunning for Will
liam F. Smalley, Jr.
ARREST MAY NOW FOLLOW ARREST
FOSTER ACCUSES SMALLEY OF
EMBEZZLEMENT AND LARCENY
AS BAILEE-SMALLEY DENIES
IT AND ACCUSES FOSTER OF AL
TERING A CHECK.


IT AND ACCUSES FOSTER OF AL
TBRING A CHECK.
1t is not often that William f. Small
ley Jr., Mahlon B. Foster and e. d. II.
Sutton get tangled up and at logger
heads on a business deal, but when
they do there is a mutual but unex-
pressed understanding that each is to
make life as unpleasant for the others
as It is possible to do under the liberal
statutes of this little commonwealth !
That is the condition just now. Mr..
Foster has had Mr.. Smalley arrested
for ombezzlement and larceny as bailee
and as Mr.. Sutton supplied him with
the material to enable him to swear
out the warrants, Mr. Smalley now pro-
poses tc have them both arrested for
conspiracy to defraud, and as all three
men are fighters when they once get IN
the legal arena, it promises to be a bat
tie royal to determine which of the
three men shall remain longest in the
clutches of the law.
The latter part of Inst week Mr.. Fos-
ter went to Newark, entered the office
OF Magistrate Dean, and swore out two
warrants for the arrest of Mr. Smalley
He charged him with embezzling a dia-
mond ring and a watch, and with the
larceny as bailee, of 200 bushels of
wheat The warrants were placed in
the hands CT Constable Mote, who
drove out to Mr.. Smalleys farm and
served them on Saturday. He had too
much respect for Mr.. Smalley to ar
rest him, but obtained from him a
promise to appear at the office late yes
terday morning. Mr.. Smalley came to
Wilmington yesterday bright and
early, stated his case to William S. Hill
les, and he volunteered to defend him.
Then there was a hurry and scurry on
all sides for witnesses and documentary
evidences. When It was time for the
combatants to go to Newark it was
discovered that Deputy Attorney-Gen-
eral Peter L. Cooper Jr, who was eX-
pected to hold up the Foster-Sutton
end Of the controversy, was at Belmar,
n. j., whittier he had gone to bring
his family home This stumped Foster
and Sutton and resulted in a postpone
ment of the case, which may now be
heard tomorrow or next day If COM
promise is not effected before that time.
Mr.. sMALLEY'S SIDE OF IT.
Yesterday morning an Evening Jour
Il nal reporter called on Mr. Smalley at
his Office, on Market street above
Ninth. He found him so busy getting
ready to make it hot for Mr.. Foster
and Mr.. Sutton that he had little time
to devote to the interviewer.
SITS nothing but a blaekmaillne
!, scheme all the way through" he cN-
Il claimed. "The facts of the matter as
regards the 200 bushels of wheat are
4 that l simply borrowed from man
named Hess. of Philadelphia, through
e. d. X. Sutton, $3.50 for which l gave
as collateral certain securities and O
bill OF sale for 700 bushels Of wheat, the
/, understanding being at the time that
[ had promised it to Jefferson b. Foard
of Middletown, for August delivery, at
so cents a bushel. / have a receipt
, setting forth these facts. l was to pay
the loan out of the proceeds of this sale
! In the meantime Sutton, acting Ioi
r Hess. sold this bill of sale for wheat
to Foster, thus getting it into the
/, hands of a presumed innocent holder
Right here it might be well TO state
that | was not to pay Hess until Sole
r the wheat, and until note Tor Won
which / put up as collateral was due
[ which is a week or two of yet. roster
, came to me and demanded the iOObush
)l els of wheat or S7OU, the price OF wnea
el having gone up at that time. tol'
= him | would pay the $3.50 which l orlgl
= nally borrowed if he would get me th'
: collateral security back. rms ne reiuse,
! to do in the presence OF witness.
! sold the wheat to Mr.. Foard, hence thi'
Y action against me-
What have you to say about TN
q diamond ring and watchY' asked th'
y reporter. - -
n last summer" said Mr.. Smalley, "an'
r never Paid me but 5000 on II, leaVlnl
= balance due Of $193.50. | went 4
!, Sutton for scme money az Varlou
: times. and some time the first part o
Iarf January. when / went TO him TO
. SIS he told me he had no money, Du
. that Mahlon b. Foster had ring ofhis
= and that. he. Sutton, had a watch. /
v I wished to could get.the watch from
= him and the ring from Foster and g
e and raise money on them, which wa
n done. The articles were pawned and
: realized $40. Sutton knows where the.
e are. and / will not redeem them unit
he paws the S193.50 ne owes me. Ina
is the basis of his charge Of embezzle
g ment against me. so you will see that
e is a black-mailing scheme all the wa.
S through on their part.
y FOSTER TELLS HIS STORY.
The reporter did not have to hunt u
- Mahlon b. Foster. He called alt tn
Evening Journal office with his heal
: full Of alleged facts and his pocket ful
: of papers bearing On the case as wei
as on some ether transactions he ha'
with Mr. Smalley.
"Smalley was $50 in the hole abou
some money he had collected" he said
"and he was to let Sutton have hi
: wheat to square up other things tha
were between them. The bill OF sal
= was sold to me by Sutton. Smalle.
admitted selling the wheat to Jeffersol
b. Foard, or at least $50 bushels Of ID
for S45S25."
What is your side Of the great dia
g mond robbery" he was asked.
t Il was in SuttOn's office one nighi
h and Sutton gave me diamond ring Z
= dispose of for him. Smalley was Il
Il fbar-a af the fine I SuuDOSp the rim