The Washington herald., 1907-10-23

TO Be Out of the City.
indictments were returned by the grand
jury yesterday against Eugene Davis. OF
Baltimore, vice president and Edward c.
Bryan, Of this city. treasurer Of the Cap
uzaya Mining Company, charging them
with embezzIement. false pretenses. and
conspiracy in connection with 'the affairs
Of the company.
While the foreman Of the grand Jury
was reporting the indictments to Justice
Stafford in Criminal Court No. / District
Attorney Baker filed a bill in equity 10
cause the forfeiting Of the charter Of the
company, and for the appointment Of a
receiver. He then went before Justice
Gould in Equity Court No. 2. and asked
for immediate action Justice Gould ap-
pointed Attorney John E Laskey, for
merly an assistant district attorney. and
former secretary Of the bar association.
as temporary receiver, and hxed his bond
at $1,000.
When the indictments were formally
filed in Criminal Court No l. Justice
Stafford issued bench warrant for the
arrest Of the indicted officials, and Dep
uty United States Marshal Omar G.
Stutler and Mr.. Laskey, temporary re-
ceiver, went AT once TO the Colorado
Building. the former to arrest Bryan and
Davis. and the latter TO assume complete
charge. Upon their arrival Mr.. Bryan
was found at the Office Of the company
and was placed under arrest by the dep
uty marshal. Mr.. Bryan requested 10 be
allowed 10 communicate with Attorney
Henry E Davis, and the latter, when 10
Gated, made arrangements 10 have Mr..
Bryan kept in the deputy marshaTs Gus
tody to give an opportunity to locate
bondsmen- Justice Stafford fixed bond
in the sum Of $500.
Mr. Bryan was kept iu the deputy
marshals custody, while Mr. Davis and
his attorney secured the city for bonds
man. At late hour last night. Mr..
Davis secured Nathaniel ". Ambrose. 2
clerk in the Treasury Department. who
qualified as Bryants surety, and the lat
ter was released.
1t is the belief OF the district sttor-
ney's Office that Davis is not in Wash
ingtOn. A deputy marshal has been look
ing for him for several DAYS to serve
processes in a civil suit. but has been
unable to locate him. He resides in ST.
Paul street, Baltimore, and the Balti-
more authorities. as well as those Of New
York, have been notified Of the indlct-
ments. and requested to arrest him if he
is found in either Of these cities.
It was the plan Of the district attorneys
Office 10 have the receiver and United
States marshal arrive at the Offices OF
the company just before 2 o'clock, the
time scheduled for a meeting Of the
board Of trustees, which had been called
They arrived there a few moments be
fore >, and found several members Of the
board Of directors.
Had Made Investigation.
Assistant District Attorney Jesse Ad-
kins. under the direction Of District At
torney Baker. has been conducting an in
vestigation into the affairs Of the COM
pany for about a week, and brought be-
fore the grand jury to give testimony.
several stockholders of the company.
among them Frank K. Gillespie, Clar-
ence D Nourse, William P. Redman. and
Fred z Norris
One Of the indictments against Bryan
and Davis charges them with embezzlins
a check for $500. dated November y.
1894. and signed by Clarence D. Nourse.
to Z. c. Bryan, treasurer. and being the
property of the mining company.
Another indictment charges the en-
bezzlement of a similar check, dated No
vember 25, 1906 for $3.50, and another
check for 5000 The fourth count Of
this indictment charges the officials with
embezzliug the sum Of $4,000 belonging
to the various stockholders.
The indictment, charging conspiracy,
sets forth that on October 3 1901, by
means Of false pretenses Bryan and
Davis conspired to cheat and defraud
William T. Redman out Of $500, and
Clarence D. Nourse out OF $500. and
divers other persons at present unknown
out Of S90,OOo.
The false pretense indictment charges
Bryan with obtaining from William 7.
Redman on November 2, 1891. the sum
of $500. the alleged false pretense being
that Bryan falsely represented that the
Capuzaya Mining Company owned GER
tain valuable mines known as the Capu-
zaya group near Paral, Mexico, and that
the mines had been paid for by the COM
pany. and that the receipts. showing such
payments. were then in BTyans hands as
treasurer.
The false pretense charge against Davis
Is that on October "a, 1904, he obtained a
check from William T. Redman for 5000
on the false representation that the min
ing company owned the mines described.
and that they had cost $250,00O. payment
for which had been made.
District Attorney Bakers bill to have
the charber of the company declared for
feited, and for the appointment of a re-
ceiver. charges serious and grave irregu-
larities upon the part Of Davis and Bryan
In conducting the affairs OF the company.
among them that the company has issued
Continued on Page o, Column ,.
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