The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1901-05-09
THE YAKIMA HERALD.
THURSDAY. NAY 8. 1901.
j. Vi. THOMAS DISMISSED.
Squire msecrimmon Held Thar Ne was Not
Guilty.

J. w. Thomas of the Yakima Cream
cry & Produce Co. had hearing Tues
day before Squire MacCrimmon on the
charge of the larceny of $500, mention
of which was given in last weeks HER
AID. After hearing all the testimony OF
both sides and listening to the arguments
of the attorneys, the squire dismissed
the defendant on the grounds that the
state had not made out case against
him. He was aided in his decision by
the action of District Attorney Guthrie,
who made statement to the court, after
a long argument against the defendant
by Attorney Snively, who appeared for
the prosecuting witness, Alex. McAllis-
ter, that he did not think sufficient
case had been made out against the de-
PENDANT. Thus the matter was dis
posed Of.
The hearing disclosed facts showing
that Mr.. Thomas was not criminally re-
sponsible for the loss of the money.
Alex. McAllister was the main witness
for the state. In brief way he stated
the part he took in the formation OF the
plans for the company and admitted that
it was the understanding when he paid
the $500 to Thomas, the treasurer OF the
company, that in return he was to re-
ceive ten shares of stock for the same.
Thomas had also paid in $1,000, but the
other stockholders had not yet paid in
cent. This money was advanced by Nc
Allister and Thomas, as it was under
stood, to purchase machinery, etc., SO as
to facilitate the operation OF the plant,
and that the equivalent for it was to be
paid for in stock as soon as the stock
holders should get together and organize.
McAllister admitted these things, but
he did not admit that the money was to
be used in the purchase of material till
after the organization had been perfected.
Mr.. Thomas stated that it was the I'M
Outstanding when he received the money
from McAllister, which was in the pres
ence of Frazer Pollock, that the money
was to be applied in connection with his
own in the purchase OF the machinery,
nothing being said whether this should
be before or after the organization. SO
accordingly orders had been placed for
the machinery, which were afterwards
recalled, and some machinery OF an old
cheese factory had been secured to be
used in connection with the operation of
the plant, and with it all considerable
expense was incurred. But before any
thing was finally settled about the or
ganization, trouble arose between the
members OF the company, or in other
words they fell out, and so the whole
thing was blocked and work on the plant
stopped. An attempt was made to effect
a settlement with Mr.. McAllister. MIR.
Thomas offered to bear two-thirds OF the
loss and pay over the balance in hand
if McAllister would bear one-third, but
McAllister would not accept these terms
and nothing came OF it. Who 1t was
that used the money was not divulged
by the testimony, but inference is drawn
that the fleeing member OF the firm is
responsible for the whole trouble. So
here the matter rests. II McAllister
wants his money he must bring civil
action to have an adjustment OF the
affairs of the embreyo creamery COM
pany; and it is likely he will take such
steps.