The herald., 1898-05-14
SEnlOUS CHARGE MADE
HOW HEsHANDLED HER MONEY


Suit was Instituted yesterday against ].
W, Kemp, an attorney-at-law. who has his
bnice In the Byrne block, by Mrs. Hattie
u. knight for $780, n on q promissory note
or $2So, delivered by the defendant and
made payable to plaintiff on october Is.
1884, and for one for $50, subscribed by C..
4. Tecl In October, 1894, Of which Kemp
guaranteed the payment in writing on Oc-
tober 8, 1897.
Mrs. knight alleges In her complaint that
previous to the making of these notes, and
while insane and incompetent to transact
business, she entrusted Kemp, who was
her attorney, with $3.50. He loaned the $50
above mentioned to Teel and appropriated
oeSO Of the balance to his own use, making
unknown to her the promissory note upon
which she sues for payment now.
On Nov. 8, 1894. Mrs. knight was adJudged
insane In the superior court. and the wit
nesses against her. were Kemp, her step
father, Calvin LOOMS, and her mother,
Mrs.. Martha Loomis Kemp then petit
toned for letters of guardianship to her es-
tate. which were granted. She was dis
charged from Highland and restored to
capacity on Jan. 21st OF last year. As soon
Is she returned she demanded her money,
but was instead given the notes, which
Kemp has since refused to cash.
Mrs. knight Is little widow, about IS
years old, who runs grocery store in a
small way at the end of Central avenue.
She alleges that Kemp has retained Of the
money which he has handled for her near
ly the whole amount, between 500 and
$500.
Her attorney is H. H. Heath, who has
for some time visited the district attor-
ney's office OF and on in a vain endeavor
to secure criminal complaint against
Lawer Kemp. He says that the facts as
he learned them convinced him that
Kemp's appropriation Of the money was
embezzlement, pure and simple, and he
laid them before Major Donnell, the dis
trict attorney, who after hearing them re-
ferred him to Deputy District Attorney
McComas. Heath states that he told his
story to McComas over again, who con-
cluded that he would have to look up the
law in the case, and made an appointment
with him for the next day. When the law
yer returned to Mr.. McComas' office the
latter inquired who the party was who was
alleged to have embezzled the money.
II told him. said Mr.. Heath, that it
was J. w. Kemp. What, Lawyer Kemp
exclaimed the deputy district attorney, and
he at once seemed to lose all interest in
the case. He was Of the opinion that 1t
would need the testimony of at least two
or three witnesses who would testify that
Mrs. Knight was insane when the note
was made. 1 procured statements from
Mrs. Knights mother and from the step
father, Calvin Loomis, to that effect, which
appeared satisfactory to Mr.. McComas
but he stated that he had talked with the
major and the deputy and his chief were
inclined to think that the case was out
lawed. again conferred with District At
torney Donnell, who still had some doubts
As to the time that the embezzlement took
place and whether the embezzlement had
already taken place when Kemp made the
note. etc. He now called in Deputy Dis
trict Attorney Willis for further consuita-
ton, who after he heard the whole busi-
ness again gave 1t as his opinion that
Kemp embezzled the money at the time
Judge Clark ordered the estate returned
by its guardian to Mrs. knight after she
was restored to capacity.
II urged that the case should be prose-
cuted at once. and Mr.. Willis answered:
I don't care to draw the complaint, as
Mr.. Kemp was once my partner called
again later on and was then told by Mr.
Willis that In his opinion there was no
endorsement, judging from the fact that
the judge had ordered the note along with
the other property returned to Mrs.
knight. He refused to prosecute Kemp.
'"rhe statute of limitation does not run
In the case of insane persons" said Mr..
Heath, as he concluded his remarks
When Mr.. McComas was asked about
this case, he said that he presumed a COM
plant had been issued. and Mr.. Willis said
that the statute of limitation barred pros
ecutior.