The Minneapolis journal., 1902-07-18
CLAIMS WERE MANY
Those Made by Lawyer E. E. En-
pey Against Railroads.
HE is HELD TO U. S. GRAND JURY
Bond Fixed at $2,OOO-He Must Fur
nish Bail or Go to =
w. g., .s. 4.& Jail. ."-s.-. j. ......

z
charged with using the mails for fraud
ulent purposes, was bound over to the
federal grand jury in $4,000 bonds after an
examination yesterday before United
States Commissioner Howard S. Abbott.
In the federal court only a probable sus-
picion Is required to detain a prisoner:
The grand jury, meets Sept. 8, -.
United States District Attorney G., u.
Haupt made his first official appearance
in Minneapolis. He was assisted by +: N.
Dickson of st. Paul, and Postof1ce In
spector Perley r. Lance, of Minneapolis,
who has ably worked up the govern
ment's case. The defendant was repre-
sented by his brother.
The star witnesses were W. S. McCaull,
of Kansas City, claim agent and special
representative of the Quincy, Omaha &
Kansas City road and secretary OF the
National Association of Railway Claim
Agents, and Mr.. Empey himself.
Mr.. McCaull told Of the fraudulent
claim made against the Omaha & st.
Louis road for injuries to Fleetwood 5.
Spruce and Of the manner Of trapping
Empey through affdavits containing false
descriptions of the conductor and train
man of the wrecked train. Letters We're
written to him with the sanction Of the
postoffice department and the present
trial hinges on the fact that Empey's ne
gotiations were made by mail. = 49,.
An Unfavorable Impression.
For the defense Empey was placed on
the stand. He made an unfavorable i'm
preston by his long, rambling answers
to questions and because he had not the
slightest idea of his clients whereabouts.
He knew nothing of the clients residence
for several months in Minneapolis and
could give only an imperfect description
of the man.
clearinghouse for Claims.
W. s.. McCaull, who is prosecuting the
investigation, is endeavoring to get all
the claim agents of the country together
in sort of a clearing house. He had
large contingent on hand yesterday. He
believes that If every claim against a
road is registered with every other claim
agent, fraud attorneys will soon be out
of business.
According to Mr. McCaull, Empey has
made several attempts to collect from
railroads for persons never injured IN
wrecks His first was for a man named
Parks against. the Illinois Central. 1t
was discovered that Parks had never
been outside his own town. Claimants,
thereafter are alleged to have been fic-
titirus men.
The next cases were those Of John
Rutter and Albert Durkin, passengers
said to have been injured in wreck on
Crossing, Iowa, Sept. q, 1901. These
claims were settled at s75 each owing to
the transfer Of the road to the Wabash
and the desire to close up outstanding
matters, although it was discovered, says
Mr. McCauE, that there were no such
men.
An unsuccessful attempt was made to
collect for injuries to Henry Preston and
Nels Swens,n on the Great Northern at
Essex, Dec Is, 1901. Failure carefully
to lay out plans as to dates and a general
indefiniteness was the undoing of the
scheme. j.. -, r~s~ :. = ..:e.>
Other Claims Advanced
Other claims were as follows: Ralph
Meehan and John Rice against the Boston
& Maine at Nashua, N. H., unsuccessful; ;
A. R. Case and Henry Cogswell against
the Chicago & Northwestern at Malta,
ILL.,. unsuccessful owing to the fact that
the train on which the clients were re-
ported as having been injured was laid
out by snow and replaced by special;
F. H. Cameron and Sam Garfield against
the New York Central in tunnel wreck
| at New York city, Jan. 8, unsuccessful ;
Frank Dryden and Oscar S. Jaques against
the Chicago, Rock Island & Pacific at
Victor, Iowa, unsuccessful owing to the
! fact that F. D. Davy was at the wreck
! himself, and had also been warned by
| the Boston & Maine; Peter. Dallas and
Albert Krann against the Southern Pa
cific, unsuccessful until clients are pro-
duced.
| This list convinces Mr.. McCaull that
| success in stopping false claims against
| railroads for injuries will be attained
only from comparison of claims by all
claim agents.
| Mr.. Empey secured bondsmen this
| morning. They are his wife, his father and
G. F. Clifford, postmaster at Eureka. Mr
| hl1f
the federal grand jury will indict him
| hut a inrv will declare him innocent.