Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-06
REMOVAL OF TRUSTEE
Court Asked to Direct Sale Under Deed
Of Trust-Mgr. Marchetti
Files Plea.

proceedings In equity, the court being
asked to remove Thomas e. Waggaman as
trustee under a deed of trust to direct a
safe OF the real estate concerned. and to
order judgment for deficiency, were in
stituted this afternoon BY Jackson H. Raj
ston and Harry Lee Rust, trustees. In ad-
dillon to Thomas E. Waggaman, Katharine
y. Malone. 8. E. Allen. jr, and John F.
Waggaman are named defendants
The property In question consists of lots
II to "A. inclusive, block 10, Wesley Heights.
Defauit has occurred In the payment of in
terest on the trust, 1t Is alleged, and the
property should be sold. Thomas E. Wag-
gaman 1t Is added. Is a BANKRUPT, and there
iore Is not proper person to sell the real
estate.
Attorneys Ration & siddons represent the
compliments.
Files Answer.
Mgr. Francis Marchetti, through Attorney
Charles J. Murphy. has filed his plea to the
suit at law instituted against him the 7th
OF last month by the Columbia National
Bank. to recover $685. IS. with interest. His
plea Is that he is not Indebted as alleged.
ana ne adds that he never undertook and
promised. as alleged,
Inc plea Is supported by an AFFIDAVIT I'm
winch Mgr. Marchetn sets forth that he is
q a.. citizen Of Italy. temporarily residing in
~ sne Dtstrict or Columbia. August 8. last,
ne ns explains, he had on deposit with Thomas
-, Wasgaman $1,000. which It was his in
tention TO use for defraying the expenses of
a trip to his home In Italy and through
e esva ga',s Oh Europe: The day mentioned. he
70 MIN a letter of credit for $1,000. He was
informed by Mr.. Waggaman that the latter
could not issue the letter of credit as de-
sired, but that he would arrange for and
Nn1 nr,bi No
tional Bank. in which bank he was a de-
position and director
Mr. Waggaman. Mgr. Marchetti. contin-
Jung says. thereupon took him to the CASH
Ter OF the bank. and requested the cashier
10 issue to the monsignor a letter of credit
Tor $1OOO. Mr. Waggaman stating to the
caShler that he had in his possession 81 900
belonging to the monsignor to be used for
the purpose of paying for the letter, and
that the same would be paid for out Of the
FUNDS In Waggaman's hands. The cashier,
II Is asserted. issued the letter Of credit at
the request of Mr.. Waggaman.
His First Dealings With Bank.
The court is further Informed by Mgr.
Marchetti that he had never before had
any dealings of any kind with the bank,
where he was entirely unknown and with
out credit. and that he never requested the
bank to issue to him the letter, the same
having been issued by the bank solely by
.oo u rs contract with Mr.. Waggaman.
1t Is added by Mgr. Marchetti that he hon
estiy believed that the Columbia National
Bank had been paid for the letter of credit
with the $1,000 that had been left with Mr..
Waggaman, until he received a cablegram
from the bank, addressed to him at Rome
which. however. was not received by him
until he had reached Liverpool, England
October 10 last.
In conclusion. Mgr. Marchetti says that
the letter of credit having been issued by
the Columbia National Bank by virtue of
Its contract with Thomas E. Waggaman
and upon no contract or understanding with
the monsignor. the latter is not indebted to
the bank in the sum of $3.50 49, OF in any
amount whatever
Expert Accountant Employed.