State v. Carlson

• Decision Date: 31 May 1916
• Docket Number: 497.
• Parties: STATE v. CARLSON.
• Court: North Carolina Supreme Court

89 S.E. 30

171 N.C. 818

STATE v. CARLSON.

No. 497.

Supreme Court of North Carolina

May 31, 1916

Appeal from Superior Court, Henderson County; Adams, Judge.

C. A Carlson was convicted of false pretenses, and appeals. No error.

Every indictment must state all the facts constituting the offense with such certainty that the defendant may see whether they constitute an indictable offense, and must inform the prisoner with what he is charged defendant was indicted for obtaining money by a false pretense, in that he represented to one Dr. David J. Fuller "that the stock of the Hendersonville Traction Company could be bought for $20,000 and no less," and that "he, the said C. A. Carlson, had $10,000, and that if the said David J. Fuller would furnish the other $10,000, he said C. A. Carlson, would purchase all of the said stock in said Hendersonville Traction Company, and that they would hold it jointly and unincumbered," which it is alleged in the indictment was false, and which defendant knew to be false, as "he did not have $10,000, or any sum, to use in the purchase of said Hendersonville Traction Company, and that the stock of said C. A. Carlson had at the time of making said representation an option on all of said capital stock of said Hendersonville Traction Company for the sum of $15,000, as he, the said C. A. Carlson, then and there knew." It is further alleged that by color and means of the said false pretense he unlawfully, designedly, and feloniously obtained from David J. Fuller the said amount of $10,000 with intent to cheat and defraud him. Mrs. David J Fuller, witness for the state, testified:

"I live in Hendersonville. I have lived here for six years. I lived in Brooklyn, N. Y., before coming here. My husband's name was David J. Fuller. He is dead, died on the 18th of last August. His business was that of a retired dentist. He died at the age of 76. I know C. A. Carlson. I met him first in the fall of 1912 at the Kentucky Home Hotel in Hendersonville. Dr. Fuller and a woman that Carlson introduced as his wife were present. This was during the very last days of October, or the early part of November, 1912. I met Mr. Carlson the next day at my own home, prior to the issuing of the check spoken of here. Carlson was in our home every day, and sometimes twice a day. In regard to the charge that Carlson obtained a check from my husband for $10,000, there was quite a little led up to the signing of the $10,000 check. In the early days of November, Mr. Carlson came frequently to our home, and in the living room of our home one evening, before my husband and myself, he said, addressing my husband by his given name: 'David, we can get this Hendersonville Traction Company for $20,000. We can go into it together and own all the stock jointly. I have my $10,000 ready if you can get the same amount.' There had been a discussion between the two men prior to this, but this was the first time I heard of it in the presence of both of them. Doctor said to Carlson that he thought he could get his $10,000. Carlson asked him, 'How soon?' and Dr. Fuller said: 'Well, I will have to look into my bank account. I always keep several thousands on hand, but I have not that much in the bank, but can borrow from the bank, as I have frequently done in the past.' At another time, probably the next day, Carlson came into the house and said that he had been talking to Mr. U. G. Staton and Mr. D. S. Pace further about buying the Traction, and that they were very warm about the subject, and Dr. Fuller said, 'Cannot you get them down to $18,000?' Whereupon Mr. Carlson said: 'No, I have tried that, but it won't do. They won't take less than $20,000.00.' 'Another thing,' said Mr. Carlson, 'There is a man in town who wants that Traction; he comes from Brooklyn, and he will beat us to it, if we don't get it.' 'How soon do you think you will get that $10,000 that you will put in with me?' Dr. Fuller said: 'There is no trouble about my share in the Traction. You can go ahead and do what you can about the deal.' Things went along like that till November 15th, when Mr. Carlson coming into the house one day, after talking about things, he said: 'I want to go over and bind that Traction deal with Mr. Pace and Mr. Staton, but I am short of cash. I have no money here. I am expecting letters from New York with money. Can you lend me $50 with which to bind the Traction? I will pay it right back to you.' Dr. Fuller said, 'Yes, I will write you a check.' About the middle of November, he asked Doctor for $50 with which to bind the Traction deal, and Dr. Fuller was about to write the check, and Mr. Carlson said: 'No, don't write a check. That will bring you right into it, and they will suspect that you are having something to do with it.'

Back to the first meeting. I asked Dr. Fuller, in the presence of Carlson, if they had consulted a lawyer about this? Mr Carlson cut in and said: 'We don't want any lawyer in this. I know all about such affairs. I have had lots of experience. Lawyers eat up a great deal of money.' And Dr. Fuller said, 'Yes, I know they do.' So it was agreed that no lawyer should be brought into the matter; that Mr. Carlson would fix all these things and matters to the satisfaction of Dr. Fuller. When in the middle of November Carlson asked Dr. Fuller for the $50, and Dr. Fuller was about to write the check, Doctor turned to me, and asked if I had the money by me. Doctor said he never kept such a large sum on his person. I said I didn't think I had that much; and Mr. Carlson said: 'Why can't you make out the check to yourself, David? And cash it yourself?' Doctor sat deliberating, and said, 'Yes, that might do.' I said: 'Birdie, meaning Mr. Barber, is outside and has his wheel, and he can go over to the first bank and cash the check, after you write it, and bring it right back. He would be quicker than you.' After a few minutes, Mr. Carlson agreed to it, and I went out and told Barber. Barber came in the house, and Dr. Fuller wrote the check for $50 payable to H. J. Barber. Mr. Barber went over to the bank and got the money, and brought it back, and handed it in my presence and Mr. Carlson's presense to Dr. Fuller, and Dr. Fuller counted the $50 to Mr. Carlson, and said, 'There, Charles, is the purchase money for the Traction.' Dr. Fuller said: 'Wait a minute, Charles; I'll go with you: Wait till I get my coat and hat.' Mr. Carlson said: 'No, don't do that. We want to keep this matter a secret. We don't want them to know anything about it for a few weeks.' Then Dr. Fuller said: 'Yes, I remember; that is all right.' Mr. Carlson said, 'I'll go over and bind the Traction, and tell you about it.' Carlson went out that morning and came back in the afternoon, and said he had paid over the $50 to bind the Traction. From November 15th up to the first days of December, Mr. Carlson was at the house frequently, and spoke of the Traction to Dr. Fuller, in my presence. Dr. Fuller said, 'It is a fine thing to have this right, free and clear.' Carlson said: 'Yes, a great thing to own all the stock together; and what a wonderful thing that we met on the train as we did! What a fine thing that Mrs. Carlson asked you to come to her!' Things went on like that until December 1st, or thereabouts, when Mr. Carlson came to the house one day and said: 'David, I don't want to be inquisitive about your private affairs and bank account; but, if you cannot get that $10,000 that you will put in with me to buy the Traction Company by the first of January, I must know about it.' Dr. Fuller said, 'I can get it by the first of January.' Carlson said: 'I don't want to be inquisitive, as I said; but I would like to know just how you are going to make it.' Dr. Fuller said: 'I am not a rich man. My general income is derived from the home I have in Brooklyn, N. Y., and shares in the American Beet Sugar.' 'Do you own that outright?' said Carlson, 'Yes, I own it outright,' replied the Doctor. 'Oh, man alive!' Mr. Carlson said, 'Don't you know that beet sugar is going to be the first thing taxed?' Carlson said: 'There are already rumors that they will tax this beet sugar. You have been asleep at the switch.' And then came and put his arm around his shoulder, and said: 'Doctor, you have been losing $400 or $500 a day by holding that stock. Where is the morning paper?' Carlson then picked up the paper from the table and pointed to the beet sugar stock, and said: See, it is now 91. It was 102 last week. It has been dropping down. You want to sell that now, or you won't have anything left at all.' Dr. Fuller sat there deliberating, and finally said: 'I have held that stock since its infancy. I bought it over 30 years ago. It has never failed to pay its dividend. It is paying its dividend now. I don't think I had better sell it.' Mr. Carlson insisted that the stock should be sold. Finally, at Mr. Carlson's request, Dr. Fuller went to the telephone and dictated a telegram, which was sent to his broker in New York, telling him to sell all his holdings, and those I had with him jointly, at 91. Carlson was present. The stock was sold in a day or two for nearly $27,000 and deposited in Brooklyn bank in the name of Dr. Fuller and myself. On December 4th, Dr. Fuller wrote a check for $10,000. I was in the library with him when he wrote the check. I cannot remember that Carlson was present. The check was written payable to Charles A. Carlson for the sum of $10,000. This is the check. (The state here introduced in evidence the check.) The check was drawn December 9th, but was dated ahead. I cannot say positively, but very likely it was dated prior to the 9th, as Dr. Fuller dated his checks ahead. (Check is marked Exhibit A.) The check is indorsed in Carlson's handwriting twice, the first 'Charles A....