The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-13
FRAUD CHARGED
IN PENSION CASE
Government Seeks to Recover
Money Paid to North Caro-
lima Woman.
APPEAL FROM LOWER COURT
Judge Pritchard Reverses Decl-
sion in West Virginia Coal
Litigation.

Because the lower court Mt Green's
boro, N. c., held that the government
could no. recover money given on
forged pension checks by the Bank
of North Wilkesboro, Assistant District
Attorney A. l.. coblc, of statesville
brought the action before the United
States circui. Court of Appeals, and 1t
was argued by counsel yesterday.
The Treasury Department seeks to
recover s7+4, payments made to Mary
Marley, who masqueraded as Mary
| NJ Webster. She is alleged to have
detrauded the Pension Department by
representing herself to be Mary NJ.
Webster and thus had the assumed
name placed on the rolls
checks were drawn by the Pension
Department, payable to Mary NJ. Web
ster. These are said TO have been in
dorsed by Mary Marley as Mary NJ.
Webster. AS far as can be learned
Mary Webster was never in existence.
Nearly $3.50 was paid out by the Pen
sion Department before the alleged
swindle was discovered. ought to
recover the money from the Bank of
North Wilkesboro for accepting forged
paper. The court below decided that
the bank was not liable. The cause
for the defendant in error was argued
yesterday before the higher tribunal
by Attorney w. NJ Hendren, of Win
ston- Salem, N c.
Telegraph Case Heard.
The Court of Appeals also heard ar
gument in the case of tho Postal Tele
graph and Gable Company, plaintiff in
error. against Frank Grantham, de-
fendant in error in error to the Cir
cult Court at Raleigh n. c. The plain
tiff in error, n lineman In charge of
the erection of poles, was awarded
damages for injuries received because
OF alleged fault of the Postal Com
pany to provide necessary implements
This cause was argued by Charles "
Meredith, of Richmond, and Robert
G. Strong, of Raleigh for the plaintiff
in error, and Charles 3. Aycock, of
Raleigh. for the defendant in error.
Opinion by Judge Pritchard.
Judge Pritchard, in an opinion
decision of the Circuit Court at Mar
tinsburg, w Va, in the case of the
Merchants Coal Company, OF West Vir-
gtnia, plaintiff in error against Frank
III, Leonard, defendant in error. aud
ordered a new trial.
This action is based upon a contract
between the parties for the sale OF
coal in the New England States. 1t is
insisted by Leonard that he had de-
voted large amount of time and
trouble in an effort to procure an inn
portant and valuable contract for the
sale by the company 10 one McNeill. OF
100000 tons of coal. and after the con-
tract was entered into. 100000 tons
included in the contract was delivered
The plaintiff in error here holds that
the contract was wholly made after
the agreement between the parties
had terminated.
Judge Pritchard in his opinion states
that the court below erred in refusing
TO grant a certain instruction.
Conflicting evidence is the grounds
for Judge Pritchard's decisin.
Ex-Governor Charles B. Aycock, of
Raleigh, n. G.. was yesterday admitted
TO practice in the Court of Appeals.
Docket for To-day.
Court viii convene at IL o'clock this
morning, when the following cases Will
be argued
No 1904. George f. Buchholz, plain
tiff in error, VS.. Granite Savings Bank
and Trust Company, defendant In
error; in error to the Circuit Court at
Baltimore, Md. To be argued by Rich-
ard B. Tippctt and George A. Softer.
of Baltimore, Nd, for the plaintiff in
error, and by George Forbes, of Balti-
more, Md, and John NJ. Woolsey, of
New York City, for the defendant in
error.
No. 1909, James "A. Henderson. re-
ceiver of Pittsburg and Cincinnati
Packet Line, appellant VS.. Kanawha
Dock Corporation, appellee: appeal
from the District Court at Charleston,
W. Va, To be argued by w. r. Muir
ply, OF Plttsburg. Pa, for the appel
liant, and by Rankin Wilep of Point
Pleasant w. Va, and l.. c. Barton, of
Pittsburg, Pa. for the appellee.