The San Francisco Call. Newspaper, January 13, 1901, Page 23

Dotorereneneg * * . B * * * * $5ereTENENEE GIEXE XER LHEROIINOXEQ Pages 23 10 3. HPAPH S A SXOHOROXOX SR The I Pages 5103 m.“”m SROXS 2PN W SAN FRANCISCO, SUNDAY, JANUARY 13, 1901. ACCUSES JAMES ALVA WATT OF SWINDLING HER OUT OF NEARLY $35,000 BY FRAUD AND GROSSLY BETRAYING THE SACRED TRUST REPOSED IN HIM Mrs. Fannie A. Underhill Alleges That the Attorney Induced Her to Give Him $30,000 to Be Used in Bolstering Up a Tottering Firm in Which She Was a Partner and Then Refused to Account for the Money; That He Gave Her Worthless Mortgages as Security for Money Loaned and That Drafts Sent by Him to Her Were Dishonored 2OENCY or TieBank of Californid. 4 Wawe Svreer. /f%fl/ Aug. 29th.., 1893. Mrs‘Fannte A.Underhill, Goshen,N.Y. Madam, « The drafts you left with us Sfor collection, have been returned to us unpaid. Kinaly return us our receipt,and remit $1.to cover. charges,and we will send drafts to you. hespectfully, Laidlaw & Co. per L/f‘mf,mml for st MW&'M” b Bt Foin, o th 1ads Drafts Jas.Alva Watt on Americgn Bank & Irust Co.,San Francisco,$375.,$500.and $500. 3483/5 CHECKS OF THE ACCUSED ATTORNEY THAT TELL AN ELOQUENT STORY. Lo —— — & ——i lri‘ \.% w ‘\TT various times sums of money aggregating | presents witnesseth that the mortgage made | These checks were dated San Francisco, | her father, whose name was Mason. ~ A | tion to giving Watt authority to act for,j were discounted by him in the Windy e B | $20.600 for the jurpose of keeping the busi- |and executed by Sarah Rarkin to James Alva | January 3, 1893, and were drawn by Watt | sister of Mrs. Underhill was married to a | her ir Chicago, Mrs. Underhill also em- | City. 1 upon to answer a most se- | ness in Chicago from going to ruin, and | Watt, dated the 27th day of December, A. D.|on the American Bank and Trust Com- | Mr. Dunning, who dled suddenly. Mrs. | powered him to_collect for her certaln| When Watt returned to San Francisco r ar ng threatencd charge | that not a scrap of paper was ever given | 188 and recorded In the office of the Recorder | pany of San Francisco in favor of Mrs. | Virginia Dunning. the widow, shortly aft- ( money in New York City, which money | after the World's Fair ke informed Mrs. betr a1 @ the sacred trust | by Watt to Mrs. Underhill to show that of the city and county of San Francisco. State | Fannfe A. Underhill. Mrs. Underhill re- | erward went to Europe and died in Lon- | represented her life interest in an estate Uncerhill that the Latham Company had nim by a woman cli- | he had invested .the money as he claimed | °f California, on the 27th day of December, A. | cejved them at Goshen, N. Y., and sent|don from brain fever. Before her death |left by a relative to her little children. |gone to pieces and that all her money hail by the deceit | he had D. 18R, in libre 5% of mortgages, at page 37 | thom later on to the office of Laidlaw & | Mrs. Dunning made a will, in which she | Mrs. Underhill claims that as a result | been lost in the wreck. prac lefrauded | The evidence now in the possession of | 78ether, with the note thereby secured. has | Co., 14 Wall street, New York City, for | left the sum of $0,000 ta her sister; Mrs. | Of Watt proceeding. to Chicago she was| Appalled by this rews Mrs. Underhill- < s .| Mrs. Underhill as to the worthless docu- | g5t} JrUlLY PATD. SATISFIED AND DIS- | collection. Underhll. induced by him to advance $30,000 for the | sought the advice of friends., as other nie A. Under- | ments which Watt gave her as security | b v’l b *oy “"; y ’1 r';| m;"d "r The following letter told Mrs. Underhill Late In the eightles of the last century | purpose of keeping afloat the Latham | transactions between Ler and Watt re- hill, ¥ nd was once a|for the loans she made to him 15 of & NA- | Raptemer . 1 1 T (1 4y Of | 10w the drafts had been recelved by the | Mrs, Underhill and her husband took a |Company, which: firm soon afterward | flected seriously on the attorney's in- T ture that has sent many other men to the " TAM ALVA WATT. |bank on which they were drawn: trip from San Francisco to. the East and | Went into d':flluflnn- ar-df !bai“fl_h:t ?":“ tegrity. | penitentiary for long terms. iy 7 Task 45 bl tened OFFICE OF LAIDLAW & Co.|to Europe. While in Chicago Mrs. Un- |Rever »N‘Pn‘a le to secure from Wat e Mrs. Underhill demanded an aceounting . Watt's business relations with Mrs. |, ’T’ B e ot TYDUDHE, S 14 Wall street, New York. |derhill visited some of her relatives, who | Slightest accounting as to what was done | trom Watt, but he laughed the matter off g+10 the disappearance of her | tnerhill date back to the ‘30s of the past | 1€, document as witness and also at- August 29, 155 | were interested in the business of the H.{With her money, neither has she a single | by saying that he did not owe her any- 4 riends and relatives in the| century, when Watt was retained as at- | ooned his acknowledgment MRS. FANNIBE A. UNDBRHILL, GOSHEN, | H. Latham Manufacturing Company, | Téceipt from Watt to prove that the $30- | thing and if he was indebted to her at 3 now det ed that the wheels | torney by her in divoree proceedings she | iDiS ‘mortgage, made on December 21.|x y _Madam: The drafts you left with us | manufacturers of machinery, gas engines, | 000 was invested with the Chicago firm. | a1l the claim was offset by his services of g « . shall be =et in | prought against her husband. It was not | o, 20d satisfied on September 29, 180, | for collection have been returned to us unpaid. | etc. At her relatives' solicitation,, Mrs. | Lawyers In Chicago and thie city have | a5 her attornev. n Iooters of her for- | Jone after the retention of his services | 728 Biven by Watt to Mrs. Underhill in | Kinly return us our receipt and remit $1 to | Underhill loaned the firm the sum of. $20, | trled to unravel thé tangle of the books | When pressed for a settlement Watt did 1 nd punished | by Mrs, Underhill that Watt began to January, 182, as security on his note | cover charges and we will send drafts to you. | 000, which sum was to bear Interest at 7 |of th:z defunct H. H. Latham Manufactur- | not deny that he was indebted to Mrs. 1 full ex . borrow money from her. for money loaned. Respeettully LAIDLAW & CO., per cent per annum. Satisfied with her | In§ Company, but without success. | Undernill. but defied ner to secure any- ¥ Mrs. Underhill | On January 1, 1892, Watt gave Mrs. Un- “:":;’ :“CQ;“‘ "‘l'.";“fi‘”""" nate f","‘“ by _Per James Laidlaw. | investment, Mrs. Underhill and.her hus- | M7 Coeortt b i o “"";(’t 'S¢ the | thing from him by. legal proceedings. He rous. One charge, | derhill his note for $23% 35, the mote be- | WAt to Mrs. Underhill as security were | Drafts, James Alva Watt on American Bank | band returned to San Rrancisco to reside, | ' CP*C €0 0,0 Cofe Frte (o, o T | boasted that he had nothing and that ha with the most con- | ing made for one day and to bear interest as worthless as the Rankin documents. |and Trust Co., San Francisco, $7, 300 and | and at this point Attorney Watt was first ¥ would not touch bis wife's fortune to sat- 1, had as much 1 in her physiclan tor, secured large loans from £ therefor his note and turning r securities w h. as investige- were not worth the paper the worthless char- r her p ten on, acter of these securities being, it is c K we wn to Watt. r charge is that Watt, having I clonging to, Mrs. Under- ossession and being requested ne to the East, where the ng, sent her checks on a bank, which checks were t had no funds to his itution on which they which Mrs. Uhderhill att 1s that while acting went to Chicago to in- ss concern there in ! had invested $20,000, jch Mrs. T end that he inCuced her to send him at . knowing that | at 7 per cent until paid. Mrs. Underhill says this money was loaned to Watt and when she asked him for some security he gave her two mortgages and two notes from other parties made in Watt's favor. Mortgages are considered gilt-edged se- curity by some persons and Mrs. Under- hill is one of these bellevers. The mort- gages and notes given by Watt as se- curity to Mrs. Underhill are now in her possession. Investigation shows that the mortgages were absolutely worthless when they passed from Watt's possession. One note and mortgage is for $1000 and were made in Watt's favor by Mrs. Sarah Rankin, a widow, who resided in San Francisco. The note and mortgage were made on De- cember 27, 1858, the mortgage being re- cordéd in the Hall of Records on the same date in Book of Mortgages 855, page 867. Under date of September 29, 1590 Book of Releases 157, page 254, at the Hall of Records, reads as follows: James Alva Watt to Sarah Rank! These S'he second set of papers were made by J. Stadtfeld Jr. of Alameda in favor of James Alva Watt, the note and mortgage being for $1000. Investigation shows that the ‘mortgage is dated March 1, 1859, and was recorded i Alameda County on the same date in Book of Mortgages 307, page 360. At the request of Watt the mort- gage was released on November 6, 1890, and was so recorded on November 12, 18%, in Book of Mortgages 352, page 351, in the records of Alameda County, the document of release being witnessed by Notary Harry J. Lask. Almost two years later Watt gave this mortgage to Mrs. Underhill as security for his note for $2326 38 In the fall of 1892 Mrs. Underhill went to New York State to visit relatives. She expected certain remittances from Watt, consisting, she alleges, of money sent to her bankers in San Francisco. What- ever correspondence passed between Mrs. “Underhill and Watt is immaterial, but it resulted In Watt sending three checks to her for $375, $500 and $500 respectively. ADDITIONAL APPROPRIATION BILL DISCUSSED BY- MINING DIRECTORS ers’ Assoclation held in the | Club last night was the ad- priation measure. An ap- of $150,000 is asked at the ¢ Debris Commission in the construc of debris dams. At the last conven- a resolution of instruction was pre- asking for the appropriation. Last “olonel Crane, A. Caminett! and General Ford were appointed a - to prepare a joint resolution to ced both in the Legislature eking the npprvpnulon connection Colenel W. H. Heuer, nginger Corps and & ‘member of States Debris me interesting statements ults of hydraulic mining. Thls claimed, was not anything like eleterious to the rivers of the State It j= reported to be. He said e hal toid Goven G-ge that the Sacramento River was na\m le by just ag large ves- sels at the present time as it 'was in 1552 EFesE of Congress to complete the work | e meeting of the directors of the | & 10, recollert sticking on a hog’s back.in '51,” sald “Jake” Neff, and there was a eneral laui . B ier, continuing, Colonel Heuer, stated he | would not recommend any action when he made his report to the Government unless the additional nvpropflntlon was granted, “It would be like building a house with- out windows,”" he sald. The resolution on conservation of wat- ers and forests was unanimously indorsed. A resolution int.roduoed Arthur R. Briggs of o called forth some lively opposition from Ju John R. Briggs had introd S th .3 ing the course of the University ot Ci fornia and heartily recommending the pro- nond legislation in regard to the institu- o ow, 1 think it bad pollcy,” said Wright, “for this uaochtlon to indorse measure outside of those immediately an; relating to mlnln‘. After some discussion Bfl‘t" resolution ™ resoru waa tntroduced and adopted to make the position of secretary to the ' petty larceny. association a salaried one and fixing his renumeration at $150 monthly. SHAUGHNESSY ELOPES WITH SLOT MACEINE Is Overhauled by the by the Owner and Jailed by Police Officer. Frank Shaughnessy, who lives on Minna street, devised a good way to beat the nickel-in-the-slot machine about 1 o’clock this morning. He was passing the cigar store at 737 Market street and finding that Sam Epsteln, the proprietor, had momen- tarily left his stand, he decided that he would walk off with the machine. . Shaughnessy unfortunately was a little too slow with his ‘“get away’ money, as Epstein returned just as he was decam I':i with the goods, haughness; en back to the cigar store and after he h.:: placed the machine in its former under and booked a Central police station on the ehlno of $500. In answer to a letter from Mrs. Under- hill, the firm of Laldlaw & Co. on Sep- tember 22, 1893, returned the three drafts to her, and they are now in her posses- sion. On December 31, 1895, suit was filed hyl Mrs. Underhill against Watt in the Su-| perior Court of San Francisco to recover the amount of the note of $2326 38, the sum of $1375 on the three dishonored drafts and for $600 collected by Watt for Mrs. Under- hill. The firm of Allen & McAllister and Isaac Frohman acted as attorneys for Mrs. Underhill, and Watt filed a general demurrer to the suit. Neither side to the litigation has since made any move in the | case. The charge made by Mrs. Underhill he secured the.sum of $30,000 from her, ostensibly to Invest in a Chicago busi- ness, covers a period of many vears. The husband of Mrs. Underhill was in business in San Francisco, and his wife | had an independent fortune left her by HIS WHISKY KILLS, HE GETS NEW TRIAL . Simon Anderson, the Humboldt County hotel-keeper, who was convicted of man- slaughter for causing the death of Thom- as Kehoe, by administertig whisky to him in large quantities, was yesterday granted a new trial by the Supreme Court. The arrest and trial of Anderson created quite a sensation. In April of last year, Kehoe, who was a wealthy man, was staying at Anderson's hotel. He was tak- en ill and Anderson acted s his nurse. It was charged that Anderson, knowing the critical condition of §ehoe and with a view to getting his money, deliberately plied him with whisl The evidence showed that Anderson presented to the bank check for. $2000, signed by Kehoe, but the bank Friends of Kehoe lurnmr t‘nt he was in the hetel and had him. remov-d to a hu- pnsl where he died on May 29. as arres a dumd der. lnd after a sensational trial ln-.& s‘uperhzr Court he was oonvlcud ‘of man- er. | brought Into the affairs of Mrs. Underhill. For sufficient reasons, Mrs. Underhill filed a suit for divorce from her husband and retained the 'services of Aftorney Watt. The divorce was granted, and hav-, | ing every trust in her attorney, Mrs. Un- derhill later on frequently consulted Watt as to business matters. farly in 1893 the | H. H. Latham Company of Chicago, with |'whom Mrs. Underhill had invested. $20,000, wrote her that they were unable to pay | the interest on the loan, and advised her | to take a share of the business for her ! money. She did so, and became a partner to that extent. As soon as Mrs. Underhill became a partaer, the Chicago firm sent her numer- | ous requests for money, stating that un- along it would have to go to the wall. Mrs. Underhill consulted Attorney Watt as to the course she should pursue, and' that gentleman informed her that he was |a.bout to visit the World’'s Fair at Chicago and would be pleased to look into the af- fairs of the Latham Company. In addi- The members of the San Francisco Hay Assoclation, together with a large riumber of invited guests, raade merry last night im a fashionable dcwntown restaurant. The regular annual meeting for the’ elec- tlon of ofiicers was held early In the even- ing and at its conclusion a banquet foi- lowed. Covers were.laid for 200 and there was not a vagant seat at the table. In- vitations had been extended to the prom- inent hay growers and hay warehousemen throughout the State and every section was represented. The menu cards were artistically printed and illustrated and will be preserved s souvenirs by those who had the good fortune o0 be the guests of the assoclation. A string orchestra stationed at the-end of the banquet hall enlivened the occasion and after the last course there was speechmaking and sing- ing, the guests and members joining heartily in the choruses. The retiring president, W. A. Miller, and his successor, F. A. Somers, were heartily | less funds were on band to help the firm | against Watt as to the manner in which | York estate and for all the money which passed from her hands into those of Watt she only holds a few worthless papers. When Watt went to Chicago in 1803, suit was brought in the court of Cook County, Ill., against the Latham Com- pany, on behalf of Mrs. Underhill, and the judgments recorded in her favor gave her a preference in the scramble of the firm’'s creditors for the avallable assets of the concern. ‘Watt took charge of the business of the Latham Company, and while he may have been conversant with the affairs of the business he positively refused to give Mrs. Underhill any accounting as to what had become of her money. Time and time again she reccived pressing telegrams and letters from Watt, each one asking for a large sum of money to help keep the La- tham Company alive. Mrs. Underhill claims that, baving implicit faith in her attorney, she sent him various large drafts, amounting .to a total of $30,000. She drew the money from the German Savings' Bank of San Francisco and the notes she forwarded to Chicago to Watt cheered and their healths drunk in bump- ers of wine. The entire programme was elaborately prerlred and nothing was left undone that might contribute to the suc- cess of the aff e thanks of the as- et et Techrued v Joseph Magner, ‘F. A. Somers and George P. Morrow, who had the arrangements in hand and brought the affair to such a wcceulul and pleasant termination. Th ness meeting took but a few minutes, as the following officers were elected without any opposition; F. A. Somers; vice president, Simon Ans- pacher; secretary, Schmidt; direct- ors, Joseph mxncr. W. A. Miller, G. P. ld w, F. Somers and Simon Ans- The lnvlted guests were nearly nll on hand when the meeting adjourned and the party at once proceeded to the TS o o s oastmas . , who acted as t ter, eided a_hearty welcome to all those present and gave a uecou-t of his dlhmlnnd With California or 0. The last speaker was W. A. Miller, the isfy Mrs. Underhill or any other creditor. Mrs. Underhiil then demanded that ‘Watt turn over to. her all papers in her claim againgt the Chicago firm and whai- ever other documents in his. possessior belonged to her. Wit the papers in her possession Mrs. Underhill then sought the services of a prominenl attorney of this city, and though that gentleman went to Chicago in 1595 to sée If "'Watt had placed Mrs. Underhill's $30,000 in the Business, of Latham & Co. the journdy was futile. Firms of prominent attorneys in Chicag> also went into the maiter, but the vast amount of correspondence that resulted throws but little light on the subject. Watt is the only person who could, if he were so_disposed, clearly snow when and where Mrs. Underhill's money went. but he has for years remained stient, though Mrs. Underhill has accused him of having made away with her fortune. With the loss of her fortune Mrs. Un- derhill sought the solice which only lov- ing hearts could give ner. With a small rearl) income from the estate left to her ittie ones she has lived In retirement in the East. B a0 2 20 e e e e S e e e e -l-l-l—r-!nH‘i-l"H-l-H—H-l-i-i-l-l-l—l-H-H [ ] HAY MERCHANTS AND THEIR GUESTS : ASSEMBLE AT THE BANQUET TABLE retiring president, who thanked the mem- bers for the many courtesies shown him during his term of office. Among those present were: AW, Bium, §. Levit Berringer, J. - L. Ghielmetts, J. Christian, L. Som, ., G, Bridgeford, G E. D. Fell, !a.mv“llfi F. A passer, . Algelunger, . Joost, 3. itulianey. Waierman, t, | R. Cereghino, B. Plath, H.