The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-03-15
MARSHA WITHHELD
NO FEES FROM
GOVT, SAYS CEER
CLAIMED AS DUE WAS
EARNED AS SPECIAL MASTER,
is pEFeNsE-No DECISION AS
TO OPENING BOOKS.

ice OF tue Onlteu states BOEefnInSnl,
and Attorney Harrison Geer. repre-
senting Walter 5. Harsha. ciera OF
the United States circuit court,
wrangled before Judge Swan over The
question as to whether Harsha should
or should not be compelled to turn
over. To the special examiner all his
records bearing on his transactions
as special master in the case OF Hen.
ry Everett vs.. the Detroit 4 Toledo
Shore Line. ct al.
When It was all over Just what dis
position was made OF the clerk fees
credited 10 Harsha In that case was
still matter OF conjecture and II Is
now uD To Judge Swan To figure out
AS best he can. He has taken the
whole matter under Amusement.
District Attorney Watson assisted
Mr.. DeWoody in the presentation OF
his side OF the case. under instruc-
lions OF the attorney general. The
hearing was in open court and many
attorneys, most of whom have had
dealings with Harsha, were interested
spectators.
Harsha's Defense.
Attorney Geer's chief contention
was. and he emphasized the point re-
peatedly, that every act OF Mr.. Har-
sha In connection with this case was
done in his capacity az special master
and not as clerk. and that as special
master he was accountable to no one
except the court. The special examin-
er therefore had no right. he argued,
TO demand books and records pertain
ing to Mr. Harshas transaction as spe-
cial master.
Mr. Geer pointed out that Harsha,
as special master, deposited the $685.
800 received from the sale OF certain
property under these proceedings In
the First National bank. national
depository, placing the money to his
credit as special master. This. he
contended was strictly In conformity
with the statute, and all moneys paid
out of this fund had been paid by
him as special master. on the order
OF the court though the orders.
through mistakes OF the attorneys who
drew them, were directed to him as
clerk
This led up to the final order of the
court in this case, which was in eyid-
ence and to which Mr.. DeWoody has
already had access. Mr.. Gear. read
ing from this order. showed that Har-
sha had been awarded $l,5S3 as clerk
fees in this case. Mr. DeWoody pro-
duced figures showing that the amount
credited to Harsha in fees was ST.
S41.35 and that the amount turned
into the government was only $3l 4.4O,
discrepancy Of $1.524.90 TO be ac-
counted for. according 10 DeWoody.
Geer Disputes Items.
Both the $1,841.35 and the $31440
items were disputed by Mr. Geer.
There are no such figures" he in
sisted Mr. Harsha is credited with
receiving $l,5S3 in the final order,
which | have produced here and which
Is not disputed. OF this amount he
got 81 ,0S3. not as clerk, but as special
master. and he sent the government
$500.
No figures were produced in support
OF his statement that the amount turn
ed over to the government was sow
instead of $314.40, but Geer promised
TO get them. Geer argued that Harsna
was under no obligation TO account TO
the government for the Sl.OS3, because
he had earned the fees as special mas
ter The fact that this sum appeared
In the courts order as clerk fees was
mistake. he declared. and mistake
that Mr.. Harsha should have corrected
at the time.
But" he continued, III an error Is
made surely some opportunity must
be given TO correct II. Are the laws
so stringent that this man must De
made to suffer because OF another
mistake?"
But how can the character OF the
entry be changed after the final order
has been made?" put in Judge swan,
significantly.
We'll. he ought to have changed II,
of course. but he didn't think OF IL
at the time"
DeWoody's Figures VS.. Geer's Word.
Mr.. DeWoody would not concede
! Mr.. Harshas right to put the money
in his own pocket as special master
but doing so for the purposes of ar
gument. he pointed out that there was
still discrepancy OF $75S.35. the DIFF
ference between Sl,S41.35 and $l,OS3.
This brought Mr.. Geer To his feet with
reiteratiun of the assertion that
the s1.S41 item was a fiction and an
other promise to show the payment OF
$500 10 the government by Mr.. Har-
sha. AS Il stands now. however. II Is
Mr.. DeWoody's figures against Geer'
word. though II did not appear clearly
where the examiner obtained his fig.
ures.
The S1.0S3 Harsha admits having
received for his services represent one
per cent OF the Sl0S,3O0 turned over
/ to him as special master, and Is In ad-
dition to another fee Of $500 allow
ed him by the court in the final order,
as special master. This makes to-
tai OF $7,0S3.SO.
Mr.. DeNoody, in clever reply to
I Mr.. Geer, declared that the only de
Tense that had been made was an at
tempt to renounce the record. He
contended that il was Harsha's duty
to deposit the funds received as spe
cial master inv the name OF the court
and that. therefore. all funds In his
possession as special master were
within the registry OF the court. AS
such those funds properly came un
der the scrutiny of DeWoody's de
partment. he argued. and he insisted
upon the right TO examine all records
pertaining TO them.
From my investigation OF this rec
ord, so far as possible, | have found
that Mr.. Harsha received In excess
OF sos 300" he added, but | have
been unable to trace disbursements
aggregating only $l02. 900"
! Mr.. Harsha held checks To account
for every dollar Of the slOs.S00.
GA ToErA.
Bear, the zIh Kind You Have lman Bought