The herald., 1898-11-17
.MARCHfR DISCHARGED
LooMIs LOST HIS MONEY BUT
HAS NO RECOURSE
THE EVIDENCE IS DEFECTIVE
Case of Cove Yet to Be Considered but
the Jeweler Who Appraised the
Stock Goes Free

Frank A. Marcher, the Jeweler who was
alleged to have swindled Henry j. hoomls
out of Sll00, was placed on trial before Judge
Smith and jury yesterday on the charge
of obtaining money by false pretenses. He
was represented by Oliver 4 Rose and the
prosecution was conducted by Deputy Dis
trict Attorney McComas.
The case has been frequently written up.
Briefly, it was alleged that Marcher and one
]. w. jackson, whose true name has since
been discovered to be Charles A. Cove, on
January 10Th last, were dcsirous of securing
a pretended loan of Sll0O, and with intent
20 defraud Loomis, falsely and felonlously
represented to him that they were the own
ers of stock of solid gold watch cases and
rold watches, watch movements, gold lock-
IT'S lace pins, scarf pins and finger rings,
Of the aggregate value of $4,000, and that the
,ame. if melted, would amount in value to
about Sll00 that in truth and fact the goods
we're not gold except a thin washing on their
surface. or otherwise as represented, but
that Loomis, believing the representations
made to him, advanced the money on such
security.
The complaint was sworn out by LOOMS
On July 10th, Justice Sexton OF La Balona
township issuing the warrant OF arrest.
Marcher evaded service for some days. but
both men were caught and on the prelimi-
nary examination were held to answer to
The superior court.
Marcher's defense was that he merely ap-
praised the goods, in consideration of fee
of S., and the prosecuting witness now says
that neither Marcher nor Cove represented
the goods to be gold but merely fixed the
value at $4,000. There is said to be lack OF
evidence to connect the vaCious transactions
and reveal conspiracy on the part OF the
defendants to defraud Loomis, though there
a no doubt he lost his money on cheap col
lateral and was incorrectly informed as to its
character.
Yesterday technical objections were made
by counsel for the defense to the wording
Of the complaint. In one place direct fraud
vas alleged and in another, through some
inadvertence, it appeared that the stock of
goods was not sufficient security or any
security exceeding the sum of $50. or the
sum of Sll00." The latter part of the quo
tation seemed to contradict the previous
statement that the goods, instead of being
worth $3300, were actually worth not more
than $50, and to leave it open to the pre-
sumption that it was worth enough to al
ford basis of security for SllOO, the entire
amount obtained.
For the purpose of considering in how far
this error affected the validity OF the COM
plant an adjournment was taken until the
afternoon, at which time, on the reconven-
ing of court, Deputy District Attorney Nc
Eomas made a statement, contesslng the IN
sufiiciency of evidence, and moved that the
complaint be dismissed so far as Earcher
was concerned. The motion was granted by
the court and Marcher marched out a free
man.
The Cove case still awaits trial, but there,
!oo there is a lack of evidence, and it is eN-
pected that only Scotch verdict conld be
9btained. Cove is still in Jail awaiting for
NAL disposition OF his case.
Ioomis. who is a one-armed man, is quite
indignant because of the outcome OF the
Marcher prosecution, and after that case
was dismissed had an alteration With Mr..
Met Comas. whom he charged with duplicity
in permitting the case to fall through
Mr.. McComas quickly resented the attack
made upon his professional reputation and
told Loomis he would never have issued
complaint to him if he had not understood
him to say positively that Marcher had de-
clared the watch cases and other articles to
he gold He explained the law, which he
showed to be such that no conviction could
De had under the evidence, but Loomis had
IN his war paint and accused McComas OF
falsehood The lie was passed back with
emphasis, but no scrap resulted from the
mutual accusations Looms, naturally sore
because he lost his money. wanted a victim
somewhere. even if ne had to take one from
the district attorneys office, and having no
knowledge of the legal aspects of the case,
was not to be convinced by argument that
he was in error. Bailiff Marsh poured oil
on the troubled waters and the storm pro-
duced no wreck.