The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-06

about this transaction, and I repeated
substantially the above to him. I ten
dered no advice to him or his brother
to go of h bond
Is THE STATEMENT MADE COR
RECT?
Mr.. Bellamy's ~allusion to the matter
obliges my statement Of what was said,
and the basis for saying it The state
ment was based on information and
correspondence in my hands. This cor
r~espondence, wherever material, is given
below. The asterisks simply indicate
unimportant details not pertinent to
the matter at issue, which are omitted
in order to condense the c~orrespon-
dence- My connection with the matter
commenced August 9Th. On that day
I received a letter from the United
States Fidelity & Guaranty Co., dated
at Baltimore, August 9TH, inclosing me
the account against Bellamy. 1t states
that A. j. Marshall, Esq, previously
had this claim in hand, and continues:
"Mr. Marshall has a copy of this
statement in his possession, and also
our letters referring to the same, and
we hereby authorize you to call upon
him and obtain this Information, in
order that you may be able 10 proceed
against this party. and if possible, col
lect o
We have his day written our attor-
ney referring to Mr.. Marshal) to turn
over these papers to you, and we trust
you will be able to take the case up at
once and force Mr.. Bellamy to a set
| tlement. If you find it impossible to
bring him around. advise us, at once,
and we will direct got what course to
pursue. You might state TO Mr.. Bel
1amy that he is liable to criminal prose-
cution for ~appropriating premiums to
his own use, and this may expedite
| matters considerably.
Any further formatio you desire
will be furnished promptly.
IF this party wishes to postpone
matters, advise me, as / think he has
had sufficient time already, consider
ing he has not made a remittance for
ten months"
On the next day 7 received another
letter from the company. dated Balti-
more, August 18th, as follows:
'Since writing you yesterday 1 have
examined statement sent by our attor-
| ney Mr.. Marshall, of numerous admin
istrator and guardian bonds which were
| executed during the administration Of
our agent Mr.. Bellamy. a number of
| which we have been unable to locate.
This appears to US to be more SER
ious than we first thought, and on the
] strength of this examination we have
decided to send our Special Agent to
Wilmington to act in conjunction with
you in handling this claim. Our Special
| kAScll VII have cApllSII lie i
from this office and will be clothed with
authority to act on behalf of the COM
pany and give you Instructions as to
what steps he thinks best to take in
the premises.
1--WE therefore request that you do
not accept a settlement from this party
| in full until our Special Agent arrives,
although, of course, we are not averse
to taking any money Mr.. Bellamy may
offer and giving him a receipt on &C
count"
To this letter 1 replied, August 9Th.
Your letter of August It'll, %inclosing
| claim against William ]. Bellamy, is at
hand. 1 will take pleasure In endeavor-
| ing to force at once a settlement. 7 en-
| close copy of a letter that I have ad-
dressed to him.
H first effort will be, of course, to
| evade a settlement and seek to settle
through you direct. If he does so, I
| will ask that you al the positive stand
with him that this matter IS now in my
hands for collection.
"His father, as we'll as his people, are
men of means, and I think the money
will be forthcoming, but he would hard
ly wish to disclose. even to his own
| people, the situation, and / doubt If he
| has the money himself.
(Here is omitted a statement of legal
| remedies to which the company could
| r~esort.)
I'm this connection. 1 suggest that
| you send me a complete list of all the
| bonds that you have issued in this Sec
| ton and that he has reported to you as
| issued. If the list sent me does not con-
tain them all, then I know of some
| bonds issued which are apparently not
| reported.
II may, with Mr.. MarshalIs assis-
| tance, be able to get a list of these
bonds. He called my attention today
Il 70 tho foot that one or two he thinks
have been issued that are not on the
list you have sent me.
Il will take pleasure in pressing the
matter to the speediest possible con-
clusion."
The following letter was addressed to
W. J.. Bellamy by my law firm on AL
gust 9th:
w. ]. Bellamy, Esq, City.
"Sir-The United States Fidelity q
Guaranty Co., of Baltimore, for whom
you have acted here as agent, have sent
US for collection the enclosed statement
of premiums on bonds collected by you
and not accounted for. This statement
is subject to a deduction for your COM
mission of 20 per cent. and n other
expenses that he (you) has written au-
thority from the home Office to ncur.'
w are directed to demand an i'm
mediate settlement Of this claim. The
company informs us that you have had
sufficient time already within which to
settle and that you have not made them
a remittance for ten months.
w need hardly suggest under the
circumstances what legal remedies are
at hand if settlement is not made. The
does not intend to extend any
further time for settlement.
w await your immediate
Respectfully
MeareS & Ruark."
Mr.. A. J. Marshall, in obedience to
his instructions. turned over to me, up
on demand, the statement and cores
pondence he had had with the company
in connection with this matter. 1t fol-
lows below. except where mmaterial
points are indicated by asterisks: