Show BENJAMIN ESCAPES THE LAW No Specific Charge of Embc7z1t mcitt and the Testimony Not Sufficient to Convict In the case of S Benjamin arrested on the charge of embezzlement preferred by his former employer M I Lipman and heard before Justice Speirs in the Police Court this morning the evidence adduced was as follows 11 I Lipman testified that he had known the defendant S Benjamin since the 30th of June 1885 That Benjamin had been employed by him from sometime I some-time in July 1882 until January 1885 in I the capacity of a clerk with the exception excep-tion of a few days in which he had absented i ab-sented ton himself fron the store That Benjamin I Ben-jamin was not employed to collect bills I but had done so on several occasions from parties at Camp Douglas owing to having a more thorough knowledge of them and their accounts than that possessed by Mr Lipman himself Sometime in the fall of 1883 John Seagers the post trader at Camp Douglas went security for thirty dollars for a soldier by the name of Kay for a suit of clothing This amount was charged to Seager as received by Ray and when paid by Ray was credited cred-ited to Seager Seager in the mean time I had purchased goods and paid in various sums of money at different times and upon a balance being struck on the first of the year the books showed that Seager still owed Lipman 43 That Seager had claimed in his Lip mans presence that he had paid the thirty dollars to Benjamin and it having also been paid by Ray he should receive a credit for the amount of sixty dollars instead of thirty The books did not show the credit of thirty dollars claimed to have been paid by Mr Seagers to Benjamin and therefore Benjamin must have converted it to his own use Other accounts had been presented to parties owing the firm at the Post and they have claimed jamin that they paid the bills to Ben At this point there was a lively skirmish skir-mish among the attorneys as to receiving the sayso of anybody as evidence and Mr Lipman having told all ho knew personally in regard to the matter retiree re-tiree I The next witness examined was John Seager lie claimed that a mistake had oetm made in his account with Mr Lip man in the sum of thirty or forty dollars He had paid various sums of money to Benjamin but had not paid thirty dollars for the purpose of liquidating the account of Ray All of the money had been paid on the general hook account and he was satisfied that through some mistake he had been made to pay to much In looking over the books 11 found that he I had been credited with the thirty dollars paid to Lipmjm by the soldier Ray He did not claim that Benjamin appropriated appropri-ated the money to his own use at that time or now only that a mistake of thirty or forty dollars had been made in his account Mr Lipman brother to 11 II Lipman and bookkeeper for the firm then gave his evidence To his knowledge Seagers had come personally and given his security se-curity for the suit of clothing purchased by Ray That it had been charged to the account of Seagers as having been received re-ceived by Ray The amount of the bill had been paid by Ray and the proper credit given to Seagers Ray had paid the money to Benjamin There was a credit of thirty dollars paid by Mr Seagers individually on the Hay transaction trans-action In summing up the evidence Justice Speirs said there was no evidence adduced ad-duced that any certain sum of money had been embezzled and therefore the defendant de-fendant was discharged from custody |