People v. Watson

Decision Date28 June 1889
Citation75 Mich. 582,42 N.W. 1005
CourtMichigan Supreme Court
PartiesPEOPLE v. WATSON ET AL.

Error to recorder's court of Detroit; SWIFT, Recorder.

James V. D. Willcox, Pros. Atty., for the People.

CHAMPLIN J.

The respondents were charged with the offense of conspiring to obtain the money of Francis Martin by means of false pretenses. Capt. Francis Martin was in the 89th year of his age, and had lived in Detroit about 25 years. Between 12 and 1 o'clock of the 7th day of December, 1888, he met the defendant Rice at the junction of Washington and Michigan avenues in Detroit. They entered into conversation. Rice claimed to have just returned from a trip to California where he had spent the fall and summer with a brother, and was to return there in a few days. This led Capt. Martin to say that he had some acquaintance in California, and asked him if he had been at Los Angeles county, and he said he had. The captain then told him he was in correspondence with a gentleman there whom he named, and Rice told him he knew the gentleman perfectly, and when he went back would inform him of the fact that he had met the captain. Rice then told him that his name was James McMillan, a son of an eminent citizen of that name; and after some further conversation Rice invited him to go to a house with him on Wayne street, where he had some books, and he would like to present the captain with a copy. They went, and Rice conducted him into a room and asked Watson if he had received the books. Watson said the books had been received, but they were in a damaged condition, and he sent them back to Chicago to be replaced by perfect copies, and they would be back in a few days. He said he had a history of Michigan written by Bancroft and asked the captain if he would take a copy, and the captain said he certainly would take it. Rice then produced a ticket to the lottery, and handed it to Watson, and asked him what the result of the scheme was, and Watson said he had drawn $50, and paid over $50 in $10 bills. He then took two tickets, and presented one to the captain as a friend of his. He spread them out upon the table, and passed the captain a pack of cards. The combination numbers were 27, and he drew $10,000. Watson then produced packages which had the appearance of money in bills. The upper bill was of the denomination of $50. Watson said they had fairly won the money, but that he was under heavy bonds to his principal in Chicago for $20,000 not to have anything to do with any person other than those who were respectable and responsible, and he said they must first produce $3,000 to show their responsibility and prove their respectability. The captain told him he could not command $3,000 in so short a time,-in the time he gave him to do it,-but that he would get $1,000. Rice said he would go to his father, Mr McMillan, and get $5,000, and he would loan Capt. Martin $2,000 to produce to Watson, and that with his $1,000 would make the $3,000, and then they could draw the money. Martin then started for the bank where his money was deposited. Rice accompanied him to the corner of Shelby and Lafayette avenues, where they agreed to meet in a few minutes, as soon as Rice got his money. Martin went to the bank and asked the proprietor for $1,000 which he had on deposit there. Wiser counsels prevailed, and the banker refused to give it to him. He became aware that an attempt was being made to swindle him. It appears that detectives were called in. Capt. Martin then returned to the corner of Shelby and Lafayette avenue to meet Rice. He was not there, and did not come. The captain then went...

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