The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-13
SUING FOR BAIL MONEY.
L. Michaels Wants 5000, Given to
Clerk COnrOy.

l.. Michaels, who put up 5000 cash
as bail in the police court on Dec. 20,
1896, and has been unable to get the
money back, will commence suit
against the city and Clerk Conroy.
Michaels thinks he is entitled to some
consideration, although he does not
care SO much about the consideration
as he does about getting his 5000.
Seen yesterday afternoon, Mr.. Mich
aels said the entire affair was an out
rage. When arraigned in court Dec.
%, he had been informed by the judge
that, unless he could give bail, it
would be necessary that he be confined
in the county Jail until the case was
heard. AS both himself and his brother
had been arrested on charge Of lar
ceny, the judge fixed the bail at 500
each. Without troubling himself to Sc
cure a bend Michaels handed over to
Thomas f. ConrOy, the clerk of the
court 5000 in cash, which was accepted,
and both defendants were released.
The case was continued from time to
time, and, on Jan. 9, both defendants
were discharged by the judge Mich
aels at once. asked fer the return Of
his money, but was put off by the
clerk with the statement that it was
after banking hours, and told to come
around Monday
When Michaels called Monday
Clerk ConrCy was so busy ne did not
have time to attend to him. He called
again Tuesday, but Conroy was still
busy, that is, he was too busy to stop
to count out the 5000, which rightfully
belonged to MichaelS. On Wednesday,
Jan. ID, Conroy gave Michaels check
on the Minnesota Savings bank for the
amount. The bank refused tC pay
giving some frivolous excuse for such
action. The next day Michaels de-
nnCjfn6 oh IN, ali
bank for collection, but it was returned
to him on Jan. 16 protested and with
an additional 81 tackled on to it for
protest fees.
Various interviews were had after
that date with Clerk Conroy, but
Michaels neither secured satisfaction
nor his 5000. The best he ever did get
for his money was a proposition made
to him by CCnrCy to the effect that, if
he would give up the check, Conroy
would give him individual notes at
thirty and sixty days for $500 each
This Michaels would not agree to, and
explained the situation to a friend
who was al that time a member Of the
grand jury. This made Conroy angry,
and he informed Michaels that he
would not pay him a cent until after
the affairs Of the Minnesota Savings
bank had been settled. Conroy claimed
at the time the bank suspended that
he had large amount of money, which
had come into his hands as bail for
prisoners, in the bank and was unable
to get it out
Michaels, however, fails to see why
the city, through one Of it's officers,
should retain money which belongs
to him, and, in order to bring the mat
ter to a head, will commence suit
against the city for the amount II
he should fail to obtain the amount
by the suit, he will sue the sureties
on Conroy's bond. The bond given by
ConrOy has for sureties Timothy Rear
don and P. O'Halloran, and the bond
is in the sum of $4,000
Clerk COnroy, in discussing the mat
ter day or so ago, said he had
received an opinion from several Of
the best attorneys in the city to the
effect that he was not liable for any
bail money which might come into his
hands. The charter, Conroy claimed.
made him liable only for fines and
fees, and not for bail which was de-
posted with him.
A clause in the $4,000 bond given by
ConrOy, now on file in the office of
the city clerk, provides that the sure
ties are liable for any moneys which
may come into the hands of the prin-
| cipal by virtue of his position as clerk
| Of said court. 1t is on this point that
Michaels' attorney claims the money
| can be recovered, and while it is ad-
mitted Conroy may not be reached
through suit, his bondsmen can be
made to pay all shortages.