Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-13
MR.. PETTY'S AFFIDAVIT
BASIS OF CORPORATION COUNSEL
DUVALL's ACTION.
''Red Devil" New in Hands of the
United States Marshal-"The
News" Attached.

against James NJ. A. Watson. The latter is
sued "for money payable by the defendant
to the plaintiff. for money had and received
by the defendant for the use OF the plain
tiff and for money found to be due from
the defendant to the plaintiff on accounts
stated between them
The District, by It's suit. instituted
through Corporation Counsel Duvall and
Assistant Corporation Counsel Thomas.
claims $1O1S27 20, with interest ON $693oS
from July 12. 1899; on So, 721 10 from July
81, 1899; on s1.5S2. 90 from November y,
1899; on S1,9O323 from February o. 1900;
and on So 2s2. 70 from February 20, 1901.
Particulars of Demand.
AS particulars of demand the following
is fled in the case
James M A. Watson, to the District of
Columbia, DR..
ITO the proceeds of the following checks
in the amounts named, fraudulently/ con-
verted by the said Watson to his own use,
being the moneys of the District of Column
bia. Wi. the following checks drawn by j.
7. Petty. auditor of the District OF Column
bia, on the Central National Bank. 10 pc
deposited in the Traders National Bank to
the credit of j. T. Petty, auditor of the Dis
trit of Columbia:
July Il, 1899. s693.5s: July 81. 1899 s., 721.-
10: November 30, 1899. 81 ,5S2 90: February
81, $50. 10, total of $40, 1879
Auditor Petty's Affidavit.
Attached to the papers in the case are
affidavits of Auditor Petty and Alonzo
Tweedale. chief clerk of the auditors Of
flee. D. c.
In his affidavit Auditor Petty sets forth
that Watson, from December g. 1885, con-
tinuously to June s. 1903. was in the serv-
ice of the District of Columbia as a clerk
in the office of the auditor. AS such clerk.
it is stated Watson received and was IN
trusted with certain funds, among others
with a portion of the deposit and assess
ment fund, which was kept by the auditor
in the Traders National Bank.
The auditor. it is explained In his af11-
davit, intrusted Watson with certain checks
aggregating $40. 1872 10. to be deposited to
the credit of the auditor in the Traders
National Bank. Watson, it is charged in
the affidavit. wilfully failed and neglected
to deposit the checks or any of them in the
bank mentioned, but fraudulently and I'M
lawfully converted the checks and the pro-
ceeds thereof to his own use. The sum OF
SO 1S2. 20. with interest. is, therefore, claim
ed by the auditor to be due from Watson
to the District of Columbia, exclusive of
all set-offs and just grounds of defense,
and that said fraudulent conversion was
not known or discovered by said plaintiff
until the Sth day of June 1902
In concluding his affidavit Auditor Petty
the debt and incurred the obligation afore:
said. respecting which this action Is
brought. and that said defendant Watson
has assigned, conveyed. disposed of and
secreted his property with intent to hinder,
delay and defraud the said plaintiff cor
pora ton and his creditors
The affidavit Of Chief Clerk Tweedale is.
substantially. copy of that submitted by
Auditor Petty.
''Red Devil" in MarshaPs Hands.
Watson's 'red devil'' is temporarily In
the hands of the United States marshal 1t
was taken attachment issued this
morning. much to the disappointment of
the friends of the ex-clerk Pedestrians on
F street were surprised this morning when
they saw the big vehicle speeding east over
the asphalt pavement with two passengers
who were known not to possess wealth
enough to own such an expensive affair.
The occupants were Detective Father and
Deputy Marshal Turner. Both men are
well known and many friends who were
upon the street at the time and recognized
them cheered them as they hurried along In
the attractive vehicle toward the marshars
office. 1t had been rumored that the ma
chine was to be ''put up in order to raise
funds to pay the bonding companies, and
for this reason an early move was made.
Corporation Attorney Duvall called on
Capt Boardman shortly after O'Clock and
explained to him that he was anxious TO
locate Watson's property, especially the
red devil" Detectives Hewlett and Flath-
were assigned to render the assistance
desired. and the latter soon had it located.
He found 1t near an office building In the
vicinity of 18th and G streets. The colored
chauffeur declined to bulge the machine an
inch. He had been in Watson's employ a
long time. and it was his idea that he was
still faithful to his trust in refusing to do
something which would take the bright
colored machine from him. The presence
of the officers about the automobile attract
ed a number of persons. and 1t was not
til a man from a local company could be
summoned that the officers were able to
make the start in the direction Of the court
building
An Attachment on The News
Deputy Marshal Callahan served an at
tachment on the office of the publica ton
known the News shortly after noon.
When he appeared in the Office and read
the legal document the men employed there
were under the impression that they would
have to vacate Immediately, and they got
ready to leave the office The deputy ex-
planned to them that they would not have
to leave quite so soon. and returned to the
marshals Office to notify him that his duty
concerning the printing office had been per-
formed.
No Bail Accepted Yet.
James M A. Watson had not been re-
leased from custody up to o'clock this
afternoon.
Justice Pritchard. In Criminal Court No
l. Justice Barnard also sitting, today ruled
that the Title Guaranty and Trust Com
pany of Scranton, Pa, may legally be ac-
cepted as surety on bonds in the District
of Columbia. The question arose shortly
after o'clock yesterday afternoon, when
counsel presented representatives of the
company mentioned as prepared to qualify
surety for Watson in the sum of $2O-
900. The clerk of the court declined to
take the bail unless directed to do so by
the Office of the United States attorney for
the District of Columbia.
1t was shown that by certificate of the
Attorney General the company is author
lied to do business in the state of Pennsyl-
vania and ''other judicial districts of the
United States" Having in mind a ruling
by the Court in General Term that the Dis
trict of Columbia is not judicial district
of the United States. Assistant United
States Attorney Taggart explained that
he preferred that the court should pass
upon the question, and therefore Watson
was compelled to spend another night In
JAIL
The matter was reached shortly after IL
o'clock this morning in Criminal Court No.
l. The discussion was participated in by
Attorneys A. s. Worthngton and Stuart
Mcnamara bxy