The herald., 1897-01-22
TAMALE MEMS TRIBULATION
An EmbezzIement Case Which Result ID
In Discharge
How ]. G. Malone Used Up "Tamale
Dick" and Escaped Arrest by Get
ting in the First Complaint.

A peculiar case was tried before JUS
tice Morrison and jury in the police
court yesterday. the defendant being a
sickly youth named Charles Thomp
son, accused by one j. G. Malone with
the embezzlement of $40. Malone has
been running a tamale stand on First
street. near Alameda, renting the place
from r. w. Morrison, better known as
"Tamale Dick"
Young Thompson is out here from New
Haven. Conn.,. for his health. and is in
receipt of $40 weekly from his parents
for living expenses. He fell in with Ma
lone just about the time the latter had
rented the tamale joint and loaned him
some 50 in all to help start up in busi-
ness. Then Malone engaged him to work
in the stand, fixing no definite rate of
wages. but promising to pay whatever
was right as soon as the business was
well under way.
Matters went on thus for three weeks,
Thompson receiving no money, but be-
ing told to take cSNh from the till when
he needed 1t. leaving a memora riun
of the amount. 1t appears that Malone
had also failed to pay 'Tamale Dicf'
for the rent OF the place, and the latter
came around several times threatening
to oust his tenant unless the money was
forthcoming. At this Thompson be-
came alarmed lest he should lose not
only his wages, but also the money
loaned. and one Friday evening took
$500. all there was in the drawer, resolv-
ing to get at least a little back
When Malone the next day discovered
the amount that had been taken, there
was a row. He threatened Thompson
with arrest and so bullied the boy that
he gave back the money Instead of
proceeding to swear to warrant, as
could have been done at any time Sat-
urday. Malone waited until o'clock the
next morning. when he called a police
officer and had the youth dragged out
Of bed, thrown into Jail on suspicion -
where he remained until Monday. when
the embezzlement complaint was sworn
to and Thompson arraigned in court. Sc
curing his release on bonds. The trial
yesterday was upon these issues.
After the prosecution had presented
its side, Thompson took the stand and
told his story, which was SO evidently
true as to leave no doubt in the minds
of the jury. After few minutes delib-
Grafton, they returned into court with
a verdict of not guilty and the defendant
was discharged. Now comes another
section of the story.
1t appears that Malone owes Tamale
Dick some $50 for rent of the place on
First street, and the latter had been ad-
vised by the district attorney to go down
and take possession. On Thursday eve
ming. in company with his brother. O..
F. Morrison, Dick went to the place to
see Malone. The latter called Dick be-
hind the counter. saying he would make
a settlement, but after a few words
made a vicious attack on him, hurling
Dick against the counter, breaking one
of hts ribs and choking him until black
in the face when he threw him out into
the street.
Bright and early yesterday morning
Malone was at the district attorneys
office and secured a complaint against
Dick, charging disturbance of the peace.
Thus forestalling action, he placidly
went to the Thompson trial. When an
officer went to Morrison's house to find
out why he did not appear as a wit
ness, for which he had been subpoenaed.
he found old Dick lying in bed under a
doctors care. dangerously hurt. His
throat was swelled to twice its nor
NAL size and on 1t were still plainly to
be seen the marksof fingers. The phys
ician said his patieflt was seriously hurt
and must not under any circumstances
be disturbed.
This was reported to the court and a
complaint was at once drawn up charg
irg Malone with battery being sworn
to by the brother, o. f. Morrison. But
a hitch occurred at this part of the pro-
ceedings. as the district attorneys office
would not O. X. the complaint because
Malone had been given one earlier in the
day against Tamale Dick, and this case
must be disposed of first. The police
court clerk would not issue warrant
with out the o. K, and there the mat
ter hung. Malone walked out of the
, court room at the conclusion of the
trial and has rot been seen since.
Dick is too seriously injured to be
moved or arrested, and, owing to the
| bullheadedness of the assistant dis
trict attorney Malone is still at liberty.
A al ~ 4