Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-27
MASTERS AND K|NNEAR
ARE FINED $1,000 EACH
Court Rules Former Officers
of FraternaI Organization
Violated Law.

, Samuel j. Masters and John 3. Kin
near, former chief workman and chief
scribe. respectively, of the Modern Work
men Of the World, were sentenced today
by Justice Stafford, in Criminal Court
No. l. to pay a fine of $1,000 each. The
men were recently convicted of embez-
zlng S13, 700 of the funds of the fraternal
organization by accepting and appropriate
ing to their own use commissions and
bonuses on loans made from the funds Of
the society.
The fines were imposed on three counts
Of the Indictment involving the three
questions of law raised by the pleadings.
On the first count each was ordered to
pay $500: on the ninth count an assess
ment OF $1,000 each was made. and fine
of $500 each was imposed on the twelfth
count. There were fifteen counts in the
Indictment.
The jury returned a verdict of guilty
as to secen counts and not guilty as to
eight charges.
Taking the view that the violations of
the law by the defendants were rather
technical than intentional, Justice Staf-
ford announced that he did not consider
the case one calling for imprisonment
The object of this prosecution" said the
court, was the establishment of the law
as to the handling of trust funds. Meth
DDS as to the conduct of these funds
have been loose. and it is no excuse to
say that general practice has grown up
contrary to the law. While l will not
impose Imprisonment in this case l am
not establishing a precedent to be fol-
lowed should another offense of this kind
by these defendants or by others who
have now been warned come before me.
All Accretions Belong to Funds.
The law, as interpreted by Justice
Stafford. prevents any person handling
trust funds from taking for his own
use any commission or bonus from
persons borrowing those funds. Such
accretions. If any. belong to the funds.
the court held and are the property of
the benef1ciaries of the funds. and not
Of the trustee or officer having the
funds In custody.
After a motion for a new trial had
been argued by counsel for the de-
Tense and overruled, Clerk Mckee called
on the convicted men for any state
ment desired before sentence was pro-
rounced. Mr.. Masters deferred to Mr..
Kinnear, saying he would indorse the
statements made by the latter.
Mr.: Kinnear addressed the court re-
viewing his career. which, he said. he
had always labored to keep clean. Before
this charge was made, he said. the finger
of suspicion had never been directed to-
ward him. He detailed how he had given
two years of his time without compensa-
ton to building up the fraternal organi-
zation. When he took commissions on
loans. he said, he but followed what he
understood was the general custom, and
had no intention of violating the law
IF l have technically violated this
law" he said in conclusion, Il made a
mistake of the head and not Of the
heart"
United States Attorney Wilson and AS
sistant United States Attorney Hawken
conducted the prosecution. Attorneys Will
ton ]. Lambert and Fl. H. Yeatman of
the local bar, and Judge ]. X. M. Norton
Of Alexandria appeared for the defense