Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-24
\. 4. GbRNEbN
Is ARRESTED
Head of Bankrupt Buggy Con
Germ Charged with Embez-
zlement-He Explains
HAMPTON FIRM BEGINS ACTION
Claims That Mr.. carmean Appropri-
ated Money Sent to Apply on Notes
Latter Had Been Sold and Carmean
Claims Assignment Left Money in
compsny's Hands-Debtors' Hearing

N. A. Carmean, president of the
Rhoades. Carmean Buggy Company,
which recently assigned for the benefit
of it's creditors, was placed under arrest
late this afternoon by Sheriff Shoemak-
er. The sheriff acted upon two war;
rants, which were placed in his hands
at 2 o'clock, resulting from two infor-
nations filed in Justice Burritt's court
fifteen minutes before One information
charges embezzlement and the other
larceny, altho each refers to the same
transactions and prosecution will be be-
gun only on one. Roemer & Miller,
buggy dealers of Hampton, are the
prosecuting witnesses, and the infor-
nations were filed by Mr.. E. A. Roemer.
In brief the crime for which Mr. Car
mean is accused is appropriating $685.
so to his own use, when he should have
applied the money on notes which the
Rhoades- Carmean Buggy Company
held against Roemer & Miller. The
notes had, in the meantime, been sold
to NJ L. Meickley. 1t is alleged that
Mr.. Carmean kept the money, so that
Roemer & Miller had to pay the notes
the second time. 1t is alleged the crime
was committed June 16, 1902.
The information charging embezzle-
ment is virtually as follows: "The
Acknowledgement Buggy Company on
or about Nov. %, 1901. by and thru the
defendant, N. A. Carmean, its presi-
dent, executed a so-called commission
contract with the said Roemer & Miller
Under the terms of said agreement
Roemer & Miller executed and deliver
ed to the Rhoades- Carmean Buggy
Company their certain promissory
notes, dated Dec. %. 1901, and matur-
ing Oct. /, 1902 On or about Jan. II,
1902, said N A. Carmean, acting for the
Rhoades- Carmean Buggy Company
sold and transferred the said notes to
one M. L. Meickley and duly noted, or
caused to be noted, said facts on the
books of said corporations The said
sale and transfer of the said notes was
not known to Roemer & Miller; was not
communicated TO them by the defend
ant. and was without their consent.
"Under the terms of the contract be-
tween Roemer & Miller and the
Rhoades- Carmean Buggy Company u
discount was allowed Roemer & Mill
Ter for payments in advance of their
maturity, therefore, on or about the
18th day of June, 1902, the firm OF
Roemer & Miller sent to the said
Rhoades- Carmean Buggy Company the
sum of S3S5.50, with instructions tc
apply the same on their said prom
issory notes. The said money was
duly received. but instead of being ap-
piled on the notes of said Roemer &
Miller, as they directed, was wrong
fully and fraudulently, and without
the consent of the said Roemer & Mil
same TO the uses of the corporation
and deprive Roemer e. Miller of theii
property, appropriated by defendant
N. A. Carmean, to the uses of the said
corporation, all with the knowledge
consent and direction of N. A. Car
mean. defendant, who well knew sale
notes were not in the possession Of the
corporation and the Rhoades- CarmeaT
Buggy Company did not own them
the said Rhoades- Carmean Buggy
Company being at that time, as N. A
Carmean well knew, insolvent and il
need of ready money, and converted
same to his own use, without the con-
sent of Roemer & Miller and to deprive
them thereby of their money and thei,
property said money belonging te
Roemer & Miller and being sent to the
Rhoades- Carmean Buggy Company fol-
a specific purpose.
THE defendant thereby violated the
trust, and confidence reposed in him
by Roemer & Miller, and the duty de
volving upon him by receiving sait
money"
MIR. carmean's Explanation.
Mr.. Carmean, when seen. explained
that this was one of many similar cases
He says that the note was dealer:
note received for buggies, that the note
was turned or sold, as millions Of dol
lars worth of notes had been, and tina
when money was received on them, TIL,
notes We're taken up and returned, bu
in this case the crash of the assignment
stopped all business and left the money
in the company's hands, while the note
was held by another party.
The Debtors Hearing.
The debtors hearing, at which the
creditors of the company We're privi
legged to examine the business of thu