Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-22
EMBEZZLEMENTCHA
CANNOT SAFELY GO TO TRIAL
WITH MR.. FIELDS.
Explanation of His Connection With
Washington Beneficial Endowment
Association Affairs.

eficial Endowment Association, alleged to
have been placed in their hands as receivers
of the association, Mr. Lipscomb has moved
the court to sever his trial from that of
Mr.. Fields. The motion was filed through
Mr.. Lpscomb's attorneys, former Senator
John NJ. Thurston of Nebraska R. Walton
Moore of Virginia and F. Edward Mitchell
of this city. They have formally notified
United States Attorney Beach that they in
tend to call the motion to the attention of
Justice Wright in Criminal Court No. 1 at
10 O'Clock next Tuesday morning.
Mr.. Lpscomb contends that he cannot
safely go to trial with Mr.. Fields, and in
support of his motion for a separate trail
has filed an affidavit in which he denies the
charge against him, and, for the first time
tells in detail the story of his connection
with the case.
After explaining that he was appointed
by the court one of the receivers of the
Washington Beneficial Endowment Associ-
| alton, Mr.. Lipscomb says he gave a sepa-
rate and sole bond, Frank H. Hume aud
James w. Radcliffe qualifying as his sure
sible. 1t is added that Mr.. Fields gave a
separate bond, but, it is charged, nothing
can be recovered against the bondsmen Of
Mr.. Fields.
His Service as Attorney.
MIR. Lipscomb goes on to say that he rep
resented the Washington Beneficial Endow-
ment Association as its attorney and filed
bill in equity In its behalf to recover from
the Commercial Alliance, an insurance COM
pany of New York, which was represented
by Mr.. Fields, the property of the associa-
ton. Pending the litigat ton Mr.. Fields was
appointed co-receiver with Mr.. Lipscomb.
The case was finally decided by the court
revesting in the association the property
that was alleged to have been fraudulently
fho N i,1
nally the proceeds of the property were Or
dered to be paid to the personal representa-
tives Of Henry NJ. Stewart, Howard NJ
Morrison, administrator of Zephrina A.
Morrison; Mary NJ. Cassin, Administrative
of William d. Cassin, and the Virginia
Trust Company, in the order named, and
The rest of the living and dead policyholders
OF the Washington Beneficial Endowment
Association were finally decreed to have
no right, title or interest in the fund.
Quotes Mr. Fields Letter.
On or about the 24th of May, 1904 the
, distribution of the fund of about $751;
was due, and Mr. Lpscomb says he sup
posed the same safely in the bank On
opening his mail box at $50 am the 22d
of May, he adds, he found letter written
by Mr.. Fields, undated and containing a
number of checks. The letter follows:
Dear Andrew: l have drawn and used
the w. b. E. A. money by checks signed
by you for other purposes and others to
which have signed your name. You are
not in the least to blame for what | have
done, and no legal nor moral responsibility
attaches to you about my of this money.
| shall greatly regret if anyone shall at
tempt to make any trouble for you over
this matter, with which you had nothing
whatever to do. In haste, T. NJ. F."
Mr.. Lipscomb informs the court that on
receipt of the foregoing letter. knowing
that Mr.. James E. Padgett, member of
the bar. rppraSpntpd AM
art, whose claim was the first in priority
for the sum of $1,000 or more he imme-
diately showed to Mr.. Padgett the letter
and a number of checks on the fund in
closed in the letter, collected by Fields
and converted to his own use.
Shortly thereafter, continued Mr.. Lips
comb, he went to the district attor-
ney's Office and presented the letter to
United States Attorney Beach, and at his
instance swore out a warrant against Mr..
Fields for the embezzlement of a portion of
the fund and left the checks in the pos
session of the district attorney. Then, Mr..
Lipscomb goes on to say, he went to the
Washington Loan and Trust Company and
was told by Mr.. Andrew Parker that the
account of Fields & Lipscomb, receivers of
the fund, had been transferred, though, Mr..
Lipscomb declares, he had never authorized
any such transfer, land to his astonish-
ment found twenty-three checks, all drawn
in the handwriting of Fields, but signed by
him in his handwriting Thomas NJ. Fields,
for Fields & Lipscomb,' and payable each
and all to Thomas NJ. Fields, and by him
indorsed and by him deposited and col
lected to his own private account in the
Second National Bank of the city of Wash
ington.'
Regarding Charge of Fraud.
Continuing, Mr.. Lipscomb says in his affi-
davit:
'None of the proceeds of any of the
checks have wrongfully or fraudulently
come into the hands of this affiant, but he
asserts that Fields so manipulated the fund
by transferring the same from one account
to another that he finally secured it in his
own name and embezzied the same, as con-
fessed in his letter heretofore quoted.
ION or about May %, 1904, Mr.. Padgett
received a letter from Fields, dated Wash
ington, but as affiant believes written else
where and mailed by female confederate
of Fields, employe in one of the gov
eminent offices, in which letter he accused
affiant with completely with him in the
ENLIGHTENMENT of the funds. The letter is
too long to quote fully, but among other
things he confesses his own guilt and ac-
cuses affiant with embezzlement with him,
and then adds:
Personally 1 have no assets, and my
surety. R. C. Gwynn, became insolvent
several years ago and left the jurisdiction.
Mr.. Lipscomb has some assets and the
surety on his bond Mr.. Hume or Mr. Hol-
mead, the former, l think, is solvent and
the creditors can make their money out of
him and his surety, out Of the latter
alone.
6 hope this letter will put you on the
quickest track to get the money. / assume
of course, you will show it to the other
COUNSEL
Alleged Blackmail
after this letter of blackmail had failed
to effect its purpose and after this affiant
had at the request of the District attorney
sworn out a warrant for embezziement of
the fund against Fields and a reward was
offered for his arrest, and he was lying
perdue somewhere. he sent to Mr.. Padgett
on the 22d day of June. 1904 another let
ter repeating his former falsehoods of this
atlantis completely with him, the embezzle-
ment of the fund, seeking to exonerate the
bank from negligence and thus array it
against this affiant. in which he says:
suppose that the sureties will make
good; but IL Lipscomb's bondsmen believe
that he Is innocent, / suppose that you
VIII have a fight with them. In that case
you Will perhaps need my evidence to hold
them by proving just how much Lpseomh
got and when where and how he got it,
AS further evidence of the fact that af-
fiants defense is antagonistic to Fields, af-
fiant says:
THAT without any knowledge on his part
of the fraudulent conversion to his own use
nf he