New-York tribune., 1906-10-29
UNPAID HEARST DEBT.
Judgment for sS5,663 7S, Obtained
IN 1903. Still on Books.

That William R. Hearst is not over particular
about the payment of his debts appears from the
records of the Supreme Court in the case of
Flagler against Hearst. which shows that on
February G. 1903. after fighting the case for
FIVE years. a Judgment rendered against
him for S35,CeS %. none Of which has been paid
This represents the amount which a jury in the
Supreme Court decided was due John H. Flagler
for the use and abuse of his steam yacht Anita,
which Hearst converted, during the Spanish
American War, into a. dispatch boat of the coast
OF Cuba
The suit begun on May a. 1898. and the
a-st trial was held December 13. Il. 10 and
1s. 1893 It resulted IN a verdict and judgment
for Hearst That judgment reversed by
the Appellate Division on June "A. 1901. and the
second trial took place January IS. 20 and 20
and February 2 and 8. 1903, resulting IN YER
dict and judgment for Flagler. with costs and
extra allowance of 81 600. Justice Fitzger-
aid on February denied a motion for a new
trial. No part of the amount OF the Judgment
has yet been paid by Mr.. Hearst does It
appear that he has any intention Of paying It..
for his lawyers have applied for a new trial
The court records show that Hearst chartered
the yacht on February 26. 1898. for six weeks,
at monthly rental of 81 500. for voyage TO
the West Indies with the privilege of extension
beyond the six weeks; that before eight weeks
had expired Mr. FTagler, through his counsel
asked that the yacht be returned on April rs,
and that the defendant-Hearst-refuse to re-
turn her. but converted her to his own use and
did not return her until September Of that year.
Mr.. Flagler. in his testimony said that when
the yacht was returned he found her rails were
jammed and bent her decks and deckhouse
were broken and chipped. her sails blackened,
the rigging and plumbing in bad condition, the
carpets were torn and soiled, coal had been
slowed IN the stateroons and some of the port
holes were stove In
The points made by Justice Ingraham in his
decision for the Appellate Division showed. first,
that the plaintiff, Flagler, entitled TO re-
cover for conversion and there ques-
ton for the jury on that point. That the de-
fendant, Hearst, chartered the yacht for six
weeks from February 6. and that an extension
granted to April 20, The return of the
yacht was demanded on that day. and the de-
fendant was perfectly bile to have complied
with the demand but he wilfully refused to do
So He retained possession for several months
and employed her in a service and used her in
a manner which were never contemplated and
which caused great damage to her. The only
question for the jury. the justice held. was the
amount of damage to which the plaintiff was en-
titled.
On the trial Mr.. Carvalho testified that he had
had charge Of the vessels which. during the war.
were used by The New York Journal" OF
this yacht he said:
We did not return the Anita when you asked
for it because she was in commission and we
were using her, and we had made all our prepa-
"a ions to send her out after the feet.
Thus it appeared" said the Justice, that the
retention of the yacht was simply because de-
fendant wanted her; that he had no idea of Civ
ing her up and that his conduct was wilful and
without excuse. There can be no question that
there was a conversion on April IS 1898, and
the damages allowed were proper: third. that no
good exception is shown by the case. and. fourth.
that the Judgment and order should be affirmed
with costs"