The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-18
HE USES STRAW MEN
E. E. EMPEY is VERY INDUS
TRloUS IN TRYING TO MAKE
A LIVING
He TRIED TO COLLECT
BOGUS ACCIDENT CLAIMS
His Client, Fleetwood S. Spruce, Leaves
for Parts Unknown, Although Empey
Says That He Was Expecting to Get
500 From Railroad Company for In
juries Received in a Wreck.

E. E. Empey, the Excelsior attorney,
was yesterday found guilty before
United States Commissioner Abbott of
using the mails for fraudulent pur-
poses" and was bound over to wait
the action of the federal grand jury
that meets Sept. 6. His bail was fixed
at $4,000.
With tears in his eyes and quivering
voice, he threw himself on the mercy
of the court, and asked for an oppor-
tunity to secure his bail. 1t was then
nearly o'clock, and as he did not an
uclpate any such an ending, had not
prepared for the emergency. He said
that he had a little wife and child at
home, who, if he was not allowed to
go free last night, but was compelled
to be locked up in the county Jail,
would be Frustrated.
United States Commissioner Abbott
had turned the prisoner over to United
States Marshal Grimshaw, who told
him that he was willing to Go every
thing in his power to help him secure
bail, but if such bail could not be pro-
cured last night he would have to lodge
IN Jail, as the risk was too great for
him to take personally. Mr.. Empey
was finally allowed to return to Excel
sior. in company with a deputy mar
shall, to try and secure bail.
The direct charge against E. E. EN-
pey was endeavoring to collect $125
from the Omaha & st. Louis railway
for one Fleetwood S. Spruce, who, it
was claimed, was injured in a wreck
on that road on Sept. q, 1901, near
Dead Mans Crossing, Iowa." He had
presented affldavits properly authenti-
Gated, purporting to have been made
out by Mr.. Spruce, and giving the ma
ture of his injuries as well as de-
int ion rNF H.
We're in charge on the night of the
wreck, and other data tending to sub
stantiate the claim against the rail-
road company. All this data and cor
respondence that had been carried on
by the attorneys and the railroad COM
pany were produced in evidence.
Gave Himself Away.
From the evidence submitted it ap-
pears that the defendant reckoned not
wisely in trying to work the railroad
company. A deep-laid trap was set for
Mr.. Empey and he fell right into it,
and after they had their man cinched
they had him arrested.
The first witness placed on the stand
was A. f. Wilson, the conductor who
had charge of the Inflated train. He
told of the wreck and of his checking
the train just as soon as he could after
the accident had happened, and of
there being no such person as Fleet
wood ). Spruce on the train, or a
through passenger from st. Louis to
Council Bluffs, as sworn to in the affi-
davit by the defendant.
w. S. McCaull, the claim agent for
the Q. o. & K. C. Ry. went on the
stand and said that at the last meet
ing of the National Claim Agents as
ISOLATION there was evidence presented
there which showed that E. E. Empey
had been operating quite extensively
in STRAW men" and endeaVoring to
collect from various roads for injuries
received by men whom the train rec
ords did not show had ever been in
wrecks on any Of the roads that he
had tried to work. 1t was then that a
plan was figured out to catch Mr..
Empey.
Laid Trap for Him.
When Mr.. Empey had presented the
claim to their road for Mr.. Spruce he
was informed that an affidavit would
be necessary in order to show that Mr..
Spruce was really on the train, and it
was necessary to give description of
the train men who had charge of the
train that night. A fictitious descrip-
ton of these men had been given in a
letter which Mr.. McCaull and his
brother, F. S. McCaull, of Minneapolis,
had in their possession when they call
ed on Mr.. Empey at his Office in Ex-
celsior, and they claimed that they
were disinterested parties to the trans
action, and not being known to Mr..
Empey he believed what they told
him.
When they called on him he said
that Mr.. Spruce was not at Excelsior
at the time, and it might be several
days before he would see him, but if
they would leave the letter so that he
could look up the salient points which
to +I,A =
ne would have it made out and for
warded to the headquarters Of the
road at Kansas City promptly. This
is just what Mr. McCaull wanted him
to do, so he left the letter. and the
description of the train men as en-
bodied in the letter was inserted in the
affidavit verbatim. The description of
the conductor was given as ga tall
dark man, with a heavy black mus
tache, and left arm was off half way
up to the elbow" The brakeman was
described as q "colored man with a
large cash under his left eye"
Didn't Fit Description.
When the conductor was produced
he was a good sized, light
ed man, with sandy beard and mus
tache, and he had no arm missing. The
brakeman, whose name was w. H.
Dodd, was in every respect a white
man, anu d SOOo-tOohAHS Oh0' IOO' Ills
knocked the affidavit to smithereens,
so far as description was concerned,
and the defendant looked nonplussed
when he saw the grave mistake that
had been made by his client, Mr..
Spruce, in giving descriptions of the
train men that was so necessary to Sc
cure the claim as stated by the rail-
road company in their correspondence.
Mr.. Empey took the stand in his own
behalf. He said that Mr.. Spruce came
to him through a recommendation of
two clients of his, Messrs. Durkin and
Rutter (who, by the way, are also
nd no hn