Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1905-04-22
WANT sEpARATE TRIAL.

Andrew A. Lipscomb, who is jointly
under indictment with Thomas NJ.
Fields, for the alleged embezzlement of
nearly $40, 900 of the funds of the de-
funct Washington Beneficial Endow-
ment Association. filed a motion in the
District of Columbia Supreme Court
Yesterday for a separate trial. The mo-
ton was presented by former Senator
John NJ. Thurslon, r. Walton Moore.
and f. Edward Mitchell, Mr.. Lipscomb's
attorneys.
An affidavit of Mr.. Lipscomb accom-
panied the motion, and in il the reasons
for the separate trial are assigned. The
affidavit recites that Messrs. Lipscomb
and Fields we're appointed receivers OF
the association, both giving bond in the
sum of $40, 900. Frank Hume and
James W. Radcliffe, both OF whom are
claimed in the affidavit to be solvent,
executed Mr.. L~ipscomb's bond, while
Mr.. Fields bond was given by Raphael
@. Gwynn aud n Stienhle both OF
whom are alleged to be insolyent.
After setting out the history of the
Endowment Association litigation up to
the final decree of May "a, 1904, order.
ing distribution by the receivers of the
funds in their hands, the affidavit sets
forth a letter received by Mr.. L~ipscomb,
May %, 1904, in which Mr.. Fields is
said to have confessed to the EN-
bezzlement, saying that he had forged
the name of Mr.. Lipscomb, and that
the latter was 10 no way to blame,
legally or morally, for what had been
done.
II is stated hat a number of checks
were inclosed in the letter, which had
been drawn By Mrs. Fields against the
fund, aud which were turned over by Mr..
Lipscomb to the United States district at
torney. At the instance of the district
attorney, Mr.. Lipscomb states, he swore
out a warrant against Mr.. Fields charg-
ing him with embezzlement Of a portion
of. the fund, and Fields was afterward
apprehended on that warrant.
According to the affidavit, twenty
three checks found at the bank, upon
which the indictment of Mr.. Fields was
based, we're all signed. Thomas NJ.
Fields, for Fields & Lipscomb," and
were Endorsed by Fields and deposited
to his private account in the Second
National Bank of Washington.
Mr.. Lipscomb sets up that two letters
were received by an attorney interested
10 the case a short time after the fight
Of Fields, in which the latter again con-
fessed his guilt and sought to implicate
Mr.. Lipscomb, suggesting that Fields
bond was worthless aud that L~ipscomb's
sureties would make good the deficit
unless they believed that the latter was
innocent, 10 which case Fields would be
needed as a with IS.
10 order to further carry Out his plan,
Fields, it is charged, pur, hased the
claim of the Commercial Alliance that
he might postpone the final accounting
The history of the fight and capture OF
Fields in Rayville, N. Y, March 10
last, where he was known as "Dr-
Brown" and was pretending to practif o
medicine, and his alleged attempt to kill
the constable who assisted in his arrest,
is set ont.
Mr.. Lipscf NIB asserts that after he had
testified before the grand jury and 81 in
dictment had been returned against
Fields, based on his testimony, the grand
jury was called on to find an indictment
against the two receivers jointly. This
indictment, he charges, was returned
against him solely upon the letters of
Fields charging him with completely in
the embezzlement. 1t is suggested that
the defenses of the two men are so on
hicting and %antagonistic that it would De
~prejuGicial if they were tried together.
A notice accompanied the motion setting
it for argument before Justice Wright, in
the Criminal Court, at 10 o'clock next
Tuesday morning.