The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1900-07-05
Thomas J. Mcmahon Acquitted
Of Embezzlement.

else could be done, and the case against
the young lawyer was very slim one at
the best. The result is highly pleasing
to all Of his friends and acquaintances,
many Of whom reside in Fargo.
Mr.. Mcmahon, the defendant in the
case, is brother of Lieutenant E. j.
Mcmahon, OF the 10th MINI. Vol. Infan.
try and himself an attorney. Some
years ago Lieut.. Mcmahon was engaged
in the practice Of law at Hope. He re.
moved from there to Minneapolis where
he opened law Office, turning over his
Office and business in Hope to his
brother Tom. (Where was Jim, all this
time?) Among the other things inher-
tied by young McMahon along with law
books and musty old deeds and papers,
was collection business from num-
Der Of machine houses. Among other
clients was the Plano Mfg. Co., Of Chi
cago. In November last, Mrs. Mcmahon
wife of the young lawyer, was taken
sick and her condition was so serious
that for time her life was despaired Of.
While she was at the most critical point
in her illness, her husband was thrown
from buggy by runaway team and
severely hurt. He was removed to his
home where he was confined for a per.
iod of about six weeks. whats that?)
During the time Of his forced retirement
and wife's sickness. the sum of $1,000
collected for the Plano Mfg. Co. disap-
peared and could not be accounted for.
II had been in the Office safe. land the
Steele County Bank is next door.) Mr..
Mcmahon denied any knowledge of the
disappearance of the money, but
as he was the responsible party in the
case, his arrest followed on charge of
embezzlement, and he was confined in
the county jail. Political feeling or
business competition, or some other un-
explainable cause (perhaps that was it,
''some other un(?)explainable cause')
made feeling run pretty high at Hope
against the young lawyer and he was
compelled to lay in Jail for several
months, being unable to procure bail
for his release. He finally managed to
get bonds however.
The case was called for trial at Sher.
brooke last week. States Attorney
Shippy and ex-States Atty Murry, OF
Steele county, appeared for the prosecu.
ton. and the defendant was represented
by Judge Ames, of Mayville, (appointed
by Judge Pollock, at an expense of s25
to Steele county, and Taylor Crum, Of
this city. The defendants attorneys
made application to Judge Pollock for 8
change of venue from the Steele county
court on the ground of the predjudice
existing against their cliant which
would prevent his securing fair tria
according to the affidavit they filed. Tht
showing was strong enough to convince
Judge Pollock of the rightfullness o.
their claim and the case was sent ts
Hillsboro and the trial set for the 28tt
inst. It began on the day set and wal
concluded yesterday. Both Judge Ame'
and Taylor Crum appeared in the cast
for the defendant, and his brother E. j
McMahon was also present and advising
The state was represented as above
The verdict of acquittal was rendered
after the jury had been out long enough
to take ballot. It is claimed by Nc
Mahon's friends that the case woulc
never have been brought had it not beer
for the enmity Good Gracious! Lister
to that!) of number of persons in Hop'
Mr.. Mcmahon arrived in Fargo las
night.
The verdict in the case was advised
by the court. After the address to th'
| jury had been made by the prosecution
Judge Ames, on behalf of the defense
moved that the court advise the jury t.
bring in verdict Of acquittal, on th'
ground that the evidence did not tent
to show that the money alleged to hav'
been embezzled had come into tn
| hands of the defendant, and because tn
law applicable to the case, was that de
fendant having been allowed commits
sion Of per cent, on all monies collect
ed to be deducted before remittance
was made of the amounts, it was in ef
| feet an agreement to give the defendan
an undivided one-twentieth in none.
collected, SO that the same became tn
! joint property Of the Plano Mfg. Co. ant
the defendant, and that under such cir
cumstances he could not be convictet
| for embezzlement. Judge Ames anc
Mr.. Crum cited as authority the case o
Minnesota against Kent, reported in tn
j 2A Minnesota, page Al. Judge Pollocl
held with the defendants attorneys, an,
| the case ended as recited.
i With all due respect to Mr.. McMahol
and all concerned, the above article a
/ it appeared in the Argus, is certainl.
misleading, and many Steele county ci
tizens, especially in Hope, feel very bit
ter over the remarks. Had the Argu
known the true facts, we do not believ
the article would have appeared. Some
body must have told 'em.
\ States Attorney Shippy informs u