The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1918-02-22

liams: $500 to day will wire you
35 more by Friday if that will do !
will finish in few days. Am as sick
as a dog this week. Let me know
if this is satisfactory. Yours truly,
Herbert Clay" Said letter was mail
ed at Blue Ridge, Georgia, October
18th, 1917. The defendant on Oc-
tober 1st 1917 wrote Attorney II. l..
Williams the following letter: "Dear
Mr.. Williams: ! have at last got
money to pay $50. check. Send same
back and l will pay. Respectfully,
Herbert Clay"
To this letter Attorney H. L. Will
liams sent the said check to the First
National Bank of Marietta, and the
check was returned back with the
| following notation "no attention"
On October 22nd Attorney H. L. Will
liams received the following teEe-
gram from Herbert Clay: Marietta,
Ga, 1922 A. %. H. L. Williams, Bax-
ley, Ca, Wired you as / wrote. Let
me know at my expense if you have
received any money by wire from
me. f. H. Clay" To this telegram
the said H. L. Williams wired back
the following MESSAGE: "Have only
received on $35. October %, 1917.
| H. L. Williams" On November goth,
Attorney H. L. Williams received the
following telegram: Atlanta, 105
D. m. H. H. Williams, Bailey, Ga.
Am sending Cashiers check so. E. H.
Clay" On October 25th, 1917 At
torney H. L. Williams received the
following letter: Marietta, Ga. Oct.
"a, 1917. Dear Mr.. Williams: l
don't understand why you haven't
got other 35. Please send my check
back and l will pay same and then so
each week until paid. am wiring
you 25. | will come across if you
will give me little more time. You
have treated me fine. Very truly
yours, Herbert Clay" If this is not
satisfactory write me at once" On
January goth, E. H. Clay called H.
L. Williams over the telephone and
told him that he would send him 5000.
Post Office Money order on Novem-
Der 18, 1917. On January %, 1918,
Attorney H. L. Williams received the
following letter: H. L. Williams, Bax-
ley, Ga. Mr.. Dear Mr.. Williams:
did not see you Monday, waited for
you all day, the weather has been so
bad though / did not much expect
you l will let you hear from me by
next Monday with regard to the mat
ter for certain. There is a lot of
things could explain in this connec-
ton with same if could see you. If
you are coming up soon let me know.
Yours truly, Herbert Clay
10th.
Your petitioner has a number of
other letters addressed to him, and
Attorney H. L. Williams, relative to
said matter too numerous to go into.
All of said letters, kilograms, tele-
grams above referred to in this petit
ton were made for the purpose of
deceiving and preventing legal action
being taken against the said Herbert
Clay for said money that he now
holds Said kilograms and letters
bearing false statements and at the
time made the same he knew that he
did not intend to pay the money but
was holding the same illegally,
wrongfully, and is still holding the
said money so collected except the
$35. referred to from petitioner
without just warrant or authority and
without petitioners consent.
Wherefore, your petitioner prays
unto the court that rule nj 81 may
issue against the said Herbert Clay,
Attorney at Law, the defendant a.
foresaid, requiring him TO show
CduSC US4OAS JOOI AALAlOI why TIC
does not pay over to petitioner the
money so collected as aforesaid or
in default thereof he be attached for
contempt. And petitioner further
prays that the Court grant a rule
against the said Herbert Clay disbar-
ring from the further practice of law
in said State for his malicious, will
full conduct at Attorney aforesaid,
in violating all rules of the legal pro-
fession by withholding said money
from said petitioner.
H. L. WILLIAMS,
Petitioners Attorney.
Exhibit "A.
Georgia, Cobb County.
To Herbert Clay, Attorney at Law,
Marietta, Ga.
I borobxy JaroanJ an 1,o,, e.. ~ .