The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-13
nLOBE'S MINNEAPOLIS OFFICE,
" 20 WASH!NGTON Az. SOUTH
Advertising Subscriptions
Tel. 2796 il. Tel 279OJ-4

Isaac r. Berry and J. S. Homan, who
have been associated together in the con-
struction of the Paris flats, on Harmon
place, came in for a scathing arraign-
ment by Judge MCGEE in an order which
he filed yesterday in the case of J. H
Seymour against 1. R. and Ella Berry.
Reuben S. and Martha Goodfellow and
the st. Paul Fire and Marine Insurance
company. The suit was brought to es-
tablish a mechanics lien upon the flats
The court substantially declares in his
memorandum that Messrs Berry and
Holman are guilty of a much graver Of
tense than that for which culprits are
now serving time in the states prison
To block the game Mr.. Seymour
lien was granted only as against the
Berry interests. The interests of the
Goodfellows and the ST. Paul Fire and
Marine company are thus protected.
within year." reads the order, 81
have sentenced a man to the peniten-
tiary for a term of five years for work
ing what is known as the lock game
swindle, by which he obtained SS5, a
sWindle that in moral turpitude dwindles
into 1nslSnihcance compared with the
one perpetrated in this case by men who
parade as !aw-abiding citizens of this
city"
The court finds that according to the
evidence Berry and Holman, in the fall of
1887, concocted a scheme to select some
persons who had land in Minneapolis
suitable for the construction of fiat build
ings and to select a contractor to erect
buildings thereon. They decided to Sc
cure contractor to fleece the land own
er, after which, alleges the court, they
We're to fleece the contractor. The land
owner selected was Reuben S. Goodfel-
low. Under a lease delivered May "a,
1888, the premises in question were trans
ferred to Berry and wife for thirty years,
With right of renewal of sixty-nine
years, GoodfelTow and Wife agreeing to
mortgage their property for $24 900 to
aid in the construction of the fiat build
ings by Berry, Homan being unknown to
Goodfellow in the deal
The contractor" continues the order
was the plaintiff Seymour who was well
and faVorably known to GoodfelloW. Sew
mour represented to Goodfellow that he
had contract with Berry for the con-
struction of the flats, and that he was to
receive $4,000 in cash and $135O0 in real
estate. The copy of the written contract
between Berry and Seymour for the CON
struction of the building, which was
shown to Goodfellow, bore out the rep
reservations made by Seymour AS a mat
ter OF fact the provision as to the $13, 500
real estate payment was a bogus one, in
serted for the purpose of misleading
GoodfelloW. Seymour testified In the trial
OF TINS case that the building, constructed
strictly in accordance with the plans and
specifications, only cost him $23,014 Sey-
mour was used in the same way to Sc
cure the $4,000 loan from the insurance
INV Nba dN0
the property when the flats were COM
pleted and occupied by tenants, and a
division of the proceeds.
From first to last Berry hadn't a dol
lar to invest, and Homan was not to and
has not invested a dollar in the property.
Yet he testified on the trial that he was
to receive one-third of the proceeds of
the sale.
when the building was completed. the
second part of the scheme, to fleece Sey-
mour, the contractor was put into
operation. Berry and Homan went upon
the stand and testified that the written
contract was abandoned, and that an oral
contract had been made in its place by
which Seymour was to get per cent for
his profits, plus one-half of what Homan
was to get for the part he took in the
nefarious scheme-one-sixth of the profits
The persons defrauded were the Good
fellows and the insurance company. and
the Judgment in this case absoIves their
property and interests in this property
from any lien in favor Of the plaintiff
For the part that he took IN the transac-
ton he should be denied any relief as
against the persons whom he aided in
defrauding.
ut would be more satisfactory to my
mind to order judgment for the defend
ants, were it not for the fact that that
would enable Homan and Berry to walk
of Nxrffh he 0il
with the entire fruits of their fraud
THE judgment ordered Furnishes Sey-
mour to the extent of denying him lien
upon the interest Of the Goodfellows, and
subordinating the lien decreed him to the
lien of the mortgage of the insurance
company; but reaches the interest of Ho-
man and the Beerys by fastening a lien
In favor Of the plaintiff on the leasehold
interest, for the unpaid part of the con-
tract price thereon"