Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-23
BARNETT IS GUILTY.
Convicted of EmbezzIing $751;
700 From Cotton Estate.
HAD FUNDS AS EXECUTOR
Procured $500, 1000 in Securities
From Washington Safe Deposit.
PUT THEM IN HIS OWN BANK
They Disappear When Institution
Fails-Manager Commits Suicide.
Other Sensational Features.
HAD FUNDS AS EXECUTOR
PUT THEM IN HIS OWN BANK

News carried In q dispatch from Sar
Francisco. late yesterday afternoon. told
OF the conviction in the criminal court OF
that city of Walter ]. BARNETT, former
vice president Of the failed California
Safe Deposit and Trust Company and ad-
ministrator OF the estate Of the late Mrs
Ellen NJ. Cotton OF Washington. D. c.. on
the charge OF embezzling securities AND
bonds worth $sf. 100 from the estate.
1t was said the jury was out less than
one hour and came to its decision against
Mr.. Bartnett on its first ballot. Bart
nett was recommended to the mercy OIL
the court. Judge Conley fixed next Tues
day, June 80, as the date for imposing
sentence.
Will Case Full Of Sensations.
The conviction Of Mr.. Bartnett adds yet
another chapter to the interesting his
tory OF the Cotton will case. one Of the
most famous and interesting legacy con-
tests in the history OF the country.
This city afforded the theater for many
acts in the dramatic struggle for posses
sion Of the 81 600. 900 or more left at her
death by Mrs. Ellen NJ. Cotton. widow OF
Gen. David F. Cotton. The contest swung
backward and forward across the coun-
lumbia.
To a certain extent the case was ever
International in character. The contest
ant Of the will Of Mrs. Cotton was Sig
fried Sacher. as father. and next friend
Of little Miss Helen Sacher, great-grand
daughter and favorite of the dead woman
At Mrs. Colton's death a will was pro
duced by which the bulk of the estate wa.
left to Mrs. Caroline Cotton Martin
daughter Of Mrs. Cotton and only 81 ,O0'
L - r.
such a manifest departure from Mrs. Col
toms frequently expressed intention Il
literally remember her great-granddaugh
ter that the contest was begun by Mr.
Sacher.
One trial was held in the California
courts. Disagreement resulted. Mr.
Sacher filed a petition In the District Pro
bate Court, which resulted in the decision
by the court that Washington was thu
domicile Of Mrs. Cotton.
Compromise Agreed Upon.
Finally the contesting parties agreed t.
a compromise by which Miss Sacher re-
ceived one-fourth of the estate. Mrs. Caro-
line Cotton Martin Dahlgren (Airs. Martin
having married John B. Dahlgren. a loca
attorney. three weeks prior to heI
crime Martin. Mrs. Dahlgren's daughter
one-fourth.
In this contest the actions Of Walter j
Bartnett figured as a source OF much sur
prise and more excitement. In MI
Sachers suit he was named as an al
legged conspirator with Mr.. and Mrs
Dahlgren, the claim being that the three
had used force to secure Mrs. Colton's
signature to an instrument the terms
of which had first been dictated by them
At any rate Bartnett appeared in Wash.
ington with a certified copy OF his ap'
pontment as executor of the will. He
succeeded in gaining possession Of ap
proximately 100000 worth of bonds and
securities, it is said. from the safe de-
post box of Mrs Cotton in one OF the
local trust companies. Taking them te
California, he placed them in the institu
ton of which he was an ofhcer and which
soon afterward failed.
Practically simultaneously the Securi-
ties disappeared. The manager of the
trust company. when Joined with Mr.
Bartnett in a threatened charge OF en-
bezzlement, committed suicide
Bartnett was first required by the court
to show cause why he should not be re-
moved as executor OF the estate. Suisse
ouently this phase of the case was settled
by hes resignation. Finally came the
criminal charge Of embezzlement, which
has just been concluded by the conviction
Of Mr.. Bartnett.