The San Francisco call., 1909-02-27

CLIENT WINS BIG
sum FROM LAWYER
Attorney E. c. Chapman Ordered
to Refund S2O,OSl to
@. N. Moxey
Denis Duffy Says He Will Bring
Criminal Proceedings
Against Barrister

A double misfortune yesterday befen
Edgar c. Chapman the attorney and
Marin county property owner A judg-
ment against him for s20,0s1 was rem
dered by Judge Seawell in favor of Oil
yer ~ Moxey, former client, and fol-
lowing this blow Denis Nj. Duffy,
Moxey's attorney, stated that next week
he would institute criminal proceed
ings against Chapman, charging him
with embezzlement.
Moxey is the young physical culture
instructor who in 1903 married Gage
II. Phillips. a woman 20 years his
senior. She transferred to her husband
property worth s25O,00O Her relatives
came out from Boston had her declared
incompetent and instituted proceedings
TO have the transfer set aside 1t was
In the litigation that followed that
Chapman represented xMoxey The end
OF the fight was a Compromise The
property was divided in three portions
Tnirty per cent was awarded to Moxey,
SO per cent to his wife and the balance
was placed in trust for her.
Chapman went to Boston and collect
ed S46,993. representing Moxey's share.
Out of this he paid away s11,500, ad-
penses. He returned to San Francisco
with SS5,299 Not only did he with
hold the entire sum from Moxey. but
he claimed that there was still about
$4,000 due him. Suit was fled by
Moxey for an accounting and yester-
day Chapman was ordered to return to
the plaintiff s20,0S1 Hiram w. John
son prepared the complaint and the
trial was conducted by Denis NJ. Duffy
who is associated with Johnson
CASE OF EMBEZZLEMENT
This is a plain case of embezzle-
ments' said Duffy yesterday afternoon.
Il am going to consult the district at
torney, with the object of having Chap
man indicted by the grand jury next
week. or If that course is not deemed
desirable l will have a warrant for his
arrest sworn to, charging him with
embezzlement. The case is very sim
liar to that of Jackson Hatch, who was
convicted recently at San Jose of en-
bezzlement. Not only did Chapman at
tempt to withhold this money from
Moxey, but when he returned from
Boston with the cash he told Moxey
that he had not got it, He deliberately
concealed the fact of having collected
this large sum, and it was not until
Mrs. Gage Moxey wrote to a mutual
friend asking If Oliver had got his
money under the settlement that Chap
man was smoked out Besides embez-
zling Moxey's money Chapman skinned
Attorney A. A Moore out of his fee in
the litigation. l will bring the matter
before the bar association and have
Chapman disbarred."
CHAPMAN is WEALTHY
Chapman is man of considerable
wealth. He admitted in a deposition
taken In the case that he owns real
property worth more than $4,000 in
Marin county. He also said that he
owns water system in that county
which brings him in $3.50 a month. He
is a brother of M. c. Chapman also an
attorney.
Chapman claimed $500, which he
asserted he advanced to Moxey and his
wife for their maintenance during the
period from May, 1908, to June, 1906
The judge cut this claim to $2.154,
which is the amount shown by a pri-
vate diary kept by Moxey to have been
received by him. Judge Seawell pointed
out that during this period Mrs Moxey
received some $4,000 from her estate
and said 1t was more likely that she
should have expended this for the sup
port of herself and her husband than
that she should have borrowed the
large sums from Chapman that the at
torney claimed
Chapman states that he will appeal
from the decision 1t will be necessary
for him to put up a bond of $4,000
Moxey Is conductor of a McAllister
street car. He has become estranged
from his elderly wife, who Is now liy-
ing with her relatives in Roston