The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-30
JOSEPH MAILMAN INDICTED.
CHARGED WITH THE LARCENY OF
MORE THAN 81 900.

r.
ed for Car Brea king-settIement
of an Old Salt That Grew Out of n
Dissolution of PaEtnership-Levy
j. Myers VIII FiIed-lEmma Haniii-
ton sent to Jail for Luaacy.
Among the indictments returned by the
grand jury Of the superior court, after
its session yesterday afternoon, was one
against Joseph K. Mailman, formerly
bookkeeper for the Schwarzchhd and
Sulsberger Beef Company, charging him
with larceny after trust.
It will he remembered that after the
death Of J. ". Wyness, who was man
ager here for the company. the company'S
auditor, Mr.. John T. Colwen. came to
Savannah and made an examination of
the books and accounts of the Saxannah
branch. After the investigation had pro-
ceeded for day or two, Mr.. Colwell dis
covered there was a shortage, and the re-
suit was a warrant was sworn out before
Justice Naughtin, charging Mailman with
embezzement
The amount at that time could not be
state, but according to the Indictment,
the investigation of the books has shown
total shortage of $l002.76, and he is
charged with having appropriated to his
own use that amount of money belonging
to the company.
Halinan. it is said, has wealthy uncle
living in New York, and it was thought
at one time that his uncle would pay the
amount of the shortage and secure his
nephew'S release. The time has gone by,
however and no settlement of the amount
has been made. The prosecution of the
charge before the grand jury was inst-
tuted by the company, Messrs. j. T. Col
well and s. Sulsberger appearing as the
prosecuting witnesses. The Fidelity Trust
and Deposit Company of Maryland was
on Hallinan's bond for 5000, but will
probably take no action in the case, as
long as it has been taken up by the COM
pany.
Solicitor General Osborne expects that
IIallinan will plead guilty. There are
papers in his possession, it is said, in
which Mailman practically admits his
guilt. The case will probably come up
within a few days.
The Indictment against Mailman charges
that the crime was committed Nov. "A,
! 1897. This mistake in the date is a techni-
cal error, and will Probably make no dit
| ference, though frequently technicaI err
rors make it necessary to have new in
dictments found.
Dan Rivers and William Baker, the no.
| torious negro thieves recently captured by
| the police, were indicted by the grand
| jury on the charge of breaking and en-
tering a railroad car belonging to the
| Florida Central and Peninsular railroad,
! from which they took away lot of plum
der including a trunk valise, lot Of
| clothing, articles of silver, photographs,
and whatever else they could lay their
hands on. The crime was committed Dec.
q. 1895.
Dennis Mitchell was indicted on a charge
of assault with intent to murder, it be-
! ing charged that he made a murderous
/ assault upon Lewis Johnson with a razor
| on Jan. 26
! Edward Stevens was indicted on the
J charge of assault with intent to murder
/ William Coakey with a knife.
! Robert Brown was indicted on the
| charge of larceny after trust. The charge
was preferred by Sarah Braswell, who
| states she let him have vegetables amount
! ing to 81 on Sept. Z, 1896. TO sell for her
/ and he appropriated the money to his own
| use.
The grand jury failed to indict Diedriek
Schroeder in the matter of the charge
of larceny after trust preferred against
| him by Lawyer T. L. Hill, who claimed
that he appropriated SIS belonging TO Nell
McShane.
William Tucker was indicted on a
charge of burglary. The charge was pre-
| ferred by Tena Butler, who says he broke
into the house of Caesar Butler on jan q.
The case of c. +. Prendergast against
George d. Footman and others. which
grew out of the dissolution of the part
| nership of Mr.. Prendergast and r. ID
| Footman under the firm name of II. "A
| Footman G. Co, was wound up IN the
/ hxro dV7aI
consented to by both parties, Messrs. Gar
| rard, Meidrim & Newman representing
| the plaintiff and Messrs. Wilson 4 ROGERS
| the defendants.
The decree provided that on a fun nc
| counting between the parties under tin
/ original contract of dissolution between
| r. H. Footman and c. F. Prendergast,
there is due the plaintiff $119.S3, which
amount the defendants were directed to
| nav the plaintiffs attorneys. Upon the
| payment of THIS amount the plaintiff as
owner of all the assets is freed from any
further liability under the contract be-
| tween Mr.. Prendergast and Mr.. Footman
| dated March q, 1890, which is agreed 10
| have expired upon the date of the death OF
! Mr.. Footman. Since that time it is stated
also that the business has been conducted
| by the plaintiff without any obligation on
his part 10 Mr.. Footman.
The litigation grew out of the dissolution
| of the partnership ana the subsequent
| payments by Mr.. Prendergast of premi-
ums upon policies on Mr.. Footmans life,
as security for which assignments of the
policies were made. and the further fact
that Messrs. J. c.. and d. II. Clark were
afterwards employed to collect the
amounts of these policies. In the decree
the rule to show cause was dismissed,
which finally closes up the litigation.
In the suit of Francis j. Champion
against John o. Smith. foreclosure of a
mortgage on real estate given to secure
an Indebtedness Of 5000. upon the lay
ment by the defendant of $40 interest and
s.. Il interest on the interest from the time
il was due, the court signed an order dis
charging further obligation under the fore
| closure proceedings which were declared
| fully sa tished as the principal amount.
which the mortgage was given to secure,
is not vet due The foreclosure proceed
ings were Instituted because of the nom
payment of the interest a the time 1t was
due. When the interest was paid the
court passed an order stopping the fore
closure proceedings.
I. G. Schwarzbaum. Daniel Schwarz.