The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-14
WAS COMPLETELY
INDICATED IN LAW
w. r. M'ARTNUR WARMLY CON-
GRADUATED BY FRIENDS ON
TERMINATION OF TRIALS IN
SAVANNAH.

W. r. Macarthur, manager of the e. e.
Forbes piano business In Birmingham,
has been warmly congratulated by hun
dreds of friends on his complete vindi-
cation in the courts of Savannah. The
Savannah Morning News of last Sunday
printed the following:
The prosecution of F. e. and w. r.
Macarthur terminated in the superior
court yesterday morning.
All of the indotments-six in number
on which trial has not been had. were
placed upon the dead docket upon
motion of Assistant Solicitor General
Charlton, after Col. p. w. Meldrim. an
important witness for the defense, made
statement to the court
Mr. Charlton announced that he felt as
sured he would be unable to make out
case of larceny after trust as charged
in the indictment, in view of the state
ment of Colonel Meldrim that he had
advised the defendants to act as they
did in the deal with the Mason & Hamlin
Piano company The cases were, in con-
sequence, ordered placed upon the dead
docket of the court, which Is equivalent
to nolle prosequi
Messrs. Macarthur have a number OF
| friends In Savannah who were gratified
| over the result of the two trials in which
| verdiots of acqulttal were rendered, and
| also the action on the part of the state
in moving to dismiss the remaining cases
| An informal reception was held during
| the morning in the office of Mr. Fred T.
| Saussy, of counsel for the defense, and
number called to congratulate them
upon their acquittal
| At noon Messrs. Macarthur, Mr. Saussy.
| Mr.. Robertson of Knoxville, who was as
ISOLATED with Mr. Saussy In conducting
the defense. and Mr.. II. r. Brinkerhoff,
vice president of the w. b. Brlnkerhoff
| Piano company, went In an automobile
| to Mr.. McArthurs Isle of Hope home for
| dinner.
During the morning Mr.. Macarthur and
/ son prepared a statement of their ver-
| sion of the charges of which they have
| been cleared. The statement, In part,
| follows.
THE defendants contended at the trial
| of the first case that the prosecution
was the result Of villainy or bad advice.
| It appears that the McArthurs had never
| been appraised of the fact that any one
| contended they had mlsused. or converted
| the money Of property of the parties
named in the indictment; that they had
been arrested respectively In Knoxville
and Birmingham, by the officers of the
respective states upon telephone orders
| from the sheriff of Chatham county. At
the time that they were arrested they
| contend that they had no intimation
O.. who was bringing the charges, or
| Of the purpose of the prosecution.
! 1.-THE newspapers of the south. as well
! as the music trade papers, generally
commented upon their arrest because Of
their prominence In the south and par
| tieularly their connection with the plano
business. These comments were most
| detrimental to the credit, integrity and
commercial and social standing of the
| McArthurs Upon investigation by their
attorneys 1t appeared that no person os-
| tensibly was prosecuting the cases. In
stead of being indicted In the regular
! ordinary and usual method pursued by
grand juries. It appeared that the grand
| jury had acted upon special presentments
| Indicating that no one had appeared be-
fore the grand jury with the purpose
| and motive of having them punished for
crime.
"Of course the grand iuries should act
| upon the information and evidence they
receive from witnesses who testify re-
| garding the criminal acts OF the defen-
dants, and the defendants are not al
| lowed to present their contentious and
defenses before them. Furthermore. II
appeared that all the charges except the
| Clif charge, could have been contained
| In one special presentment and that the
| purpose of having a great number of spe-
| cial presentments was TO prejudice the
defendants in the eyes of the community
as defaulters of trust funds
| In justice to the assistant solicitor
| nor u a
be stated that he did not lnow of the
facts at the time of the special present
| ment, or at the time of the trial OF the
| first two special presentments. 1t appears
that Mr.. Robert NJ. Hitch. as attorney,
representing the state and assisted by
Mr.. Dan Charlton, took great interest
In the prosecution. BY whom he was
paid or by whom he was employed Is
generally unknown, but the McArthurs
claim he was employed by a piano COM
| pany.
1.-THE McArthurs claim they were ma
| lciOusly prosecuted without Just or rea-
sonable cause. and that the prosecution
was for the sole purpose Of forever ruin
! ing them in the piano trade and thereby
wiping out competitors Of a plano COM
pany In the piano trade In the southern
| states.
| Mr.. Macarthur contends and II Is adj
mltted by the Citizens Bank that he was
authorized to collect the money due on
the Cliff note. and that the banh did not
require him specifically to account for
such collections That the scheme and
purpose Of the prosecution was to try
his case first and convict him, and there
| by destroy the repute of the two Near
thurs so as to injure them In the subse-
quent trials and to ruin his future In the
piano business. What action the Near
| thurs will take in the future may be in
ferred from this statement OF their con-
tentions"