Evening star., 1915-06-17
Proprietor of Collateral Bank
Acquitted of Charge of Vio-
Iating loan Shark Law.
NO CASE MADE, RULING
OF JUDGE MULLOWNY
Holds Articles to Be Pawned Were
Not Appraised or Examined in
District of Columbia.

George d. Horning. who conducts a
collateral bank" at 9Th and y streets
northwest. was acquitted in the Police
Court today of the charge of violating
the loan shark" law. Judge Mullowny
announced thai the District had
not made a case and instructed the
jury to bring III verdict of not
guilty. The prosecution was conducted
by Roger Whiteford, assistant corpora
ton counsel who contended that al
though Mr.. Horning's system is to sign
contracts and make the loans in Eir-
ginia, the fact that he has an estah-
lishment in this city makes of him a
violater of the law.
No witnesses for the defense were
put on the stand. and following the tes-
timony of Detective Charles Evans
Attorneys Henry f. Davis, Charles e
Tucker and Edwin s. Baily. for Mr.
Horning. Immediately moved for a di-
rected verdict of mot guilty" which
was Immediately granted Judge Null
lowny said:
IF the articles to be pawned were
appraised and examined in the District
of Columbia. and if the proprietor said
that while he could not lend money in
this city he would lend money on the
guilty. But it seems to me that where
no promise to lend Is made. and no
appraisal of the examination is made,
there is no violation Of the law"
Terms Method Subterfuge.
Just prior to the verdict. Assistant
Corporation Counsel Whiteford had
termed Mr. Hornings method a plain
subterfuge," and that the fact that he
had advertising signs and an automo-
bile and messenger service from his 9Th
street place to his Virginia place was
sufficient evidence that he was EN-
gagged in the business of loaning money
in the District and the 3 per cent a
month charged at the Virginia end of
the transaction was violation of the
present loan-shark act. limiting interest
to ] per cent a month
Mr., Mornings attorneys went to
court prepared to fight, and started in
with jump. The first question to the
first witness. Mrs. Emile French of
1905 Georgia avenue, produced an OBJ
lection from Messrs. Davis and Henry.
Mr.. Whiteford had asked her If she
had transacted any business with
Horning since March. 1913. 1t devel-
oped that Horning had already been
acquitted of the same sort of charge
brought in the same court under the
same law in December, 1913, and after
considerable argument Judge Mullow-
ny ruled that the evidence would have
to cover time since that charge.
Edward F. Smith, witness. told the
jury of an ordinary pawning trans
action in the Horning establishment.
He said he went to redeem ring, and
that he was told he would have to wait
about an hour. During that interval
of time a messenger boy fastened on
a motor cycle to the Virginia office and
brought back the ring, which was
80
10 cents made for messenger service.
Mr.. Smith demurred at the ten-cent
charge, and made the employe he was
dealing with give him receipt for 1t.
He testified that another man in the
establishment said to the man who
wrote the receipt You are a fool to
give him that receipt
Shows knowledge Of Heraldry.
Henry E Davis. the attorney. here
showed that he is a student Of heraldry
as well as of law. Mr.. Whiteford asked
if the ordinary three BALI sign was
not in front of Mornings.
Yes, sir
shop?"
Il object" said Mr.. Davis. the sign
of three balls is part of the coat-of-
arms of the Medici family of Italy-the
family that started the money-loaning
business, and simply means a place
where money is loaned"
William H. Jones of Soldiers Home
detailed a transaction, where he had
borrowed IS, using the free auto or
messenger service.
Detective Evans said he had been In
the Horning establishments almost
daily for twenty-six months, as the
business had been under surveillance
all that time. He described the mes
senger service as a bona-fide one, not
connected with the Horning bank, and
that people could use a messenger or
go to Virginia themselves, as they
chose.
The books he said. were kept in Vir-
ginia, and that he had never heard any
promise to lend money made in the
Washington office. and had never been
able to find any one to whom such
promise had been made. About 130 peo-
pie day go to the Virginia Office from
the 9th street place. he said. and about
fifty use the messenger service. while
several go there daily in street cars.