The San Francisco call., 1903-12-17
ARREST OF BOY
AROUSES ANGER
Howard X. James, Collector of
Bills, Accuses Henry James
of Crime of Embezzlement
MATTER UNDER INQUIRY
Justice of Peace Requests
District Attorneys Office
to Investigate Proceeding

ALAMEDA, Dec. 16.-Circumstances
surrounding the arrest Of Henry James.
q boy. on a charge of embezzling SO
from J. D. Rogers. publisher of the
Alameda Tidings, have caused JUS
tice of the Peace F. S. Cone to request
District Attorney Allen to make a
thorough investigation of the case.
Particularly has Judge Cone urged that
there shall be a complete inquiry into
the reasons why Attorney Howard K.
James swore to a complaint charging
his nRmesake with crime, when Rogers,
the client, disavows the lawyer and
bin collectors actions therein.
According TO the complaint on file in
Judge Cones court, Attorney James
swore that the $40 was embezzled while
the boy was in Rogers employ. Now
comes the accused youth and denies
fatty that he was ever in Rogers en-
ploy. The boy denies any embezzle-
ment, but says he owes Rogers IS bal
ance due on a so loan.
Rogers is unwilling to assume re-
sponsl lbility for young James arrest.
Attorney James insists that the pro-
ceeding is regular, and says he invites
full investigation.
THE BOYS STORY.
Henry James says that some time ago
he borrowed SO from Rogers to pay
his way to Sacramento and upon re-
turning paid back s.. Subsequently he
met Rogers, who asked him if he would
pay the balance before Christmas and
he said he thought he would be able TO.
Then Howard X. James had his name
sake arrested and the boy declares the
collector said 70 him in court: 4 have
influence and it win be easier for you
TO dig up than 10 fight the case" The
boy says he always intended to pay
the s. due and that Rogers told him
he did not authorize Howard K. James
TO have him arrested, thus making it
appear 70 the world that he was an
embezzler.
City Justice r. B. Tappan, to whom
the young defendant went for advice
after Investigating the proceedings,
said the placing of a stigma of crime on
the boy was a disgrace act. This
affair should be probed 10 the bottom
and I for one viii lend all the assist
ance within my power" he said.
H. X. JAMES SIDE.
J. D. Rogers said he had loaned
Henry James money at various times
and that the boy had Invariably paid it
back. He had not yet paid back all
that was loaned him on the last occa-
sion. Rogers said. He would not say
that he authorized Howard K. James
TO accuse Henry James Of embezzle-
ment in his effort to collect IS from
him.
Howard X James said: Henry
James was employed by Rogers to get
certain money and turn it over to Rog-
ers, but he did not. Instead of doing
so he decamped with the funds. When
I had him arrested he wanted to square
the action and I told him that If he
would arrange to repay the money and
prove that he had no criminal intent
! would ask the court to dismiss the
charge"
Justice Of the Peace F. s. Cone re-
lates his connection with the matter
thusly: Howard tx James made out
the complaint against Henry James
and swore TO it before me. To-day he
wanted to amend it so that the amount
alleged to have been embezzled would
read 3. I told the collector that was
not satisfied that all was straight in
his proceeding thus far and set the en-
tire matter for hearing tomorrow at 9
O'Clock. Young James was clossted
with ]. D. Rogers. H. K. James and
Attorney VI. X. Simpson to-day and
afterward called upon me and wanted
me to permit him to withdraw his plea
Of not guilty and plead guilty. 1 would
not permit any such action. I have no
titled the District Attorneys office Of
the case and tomorrow expect to give
the whole proceeding a thorough legal
airing"