People v. Campbell

HENSHAW, J.

Defendant was jointly charged with one Spencer with the crime of grand larceny, the information alleging merely that they “did willfully, unlawfully, and feloniously take, steal, and carry away” five hundred dollars, lawful money of the Dnited States, the personal property of Fred Seagrave. The defendants obtained separate trials, and from the judgment which followed his conviction Campbell appeals. The facts disclosed upon the trial appear by the testimony of the complaining -witness Seagrave, and are the following: Seagrave answered an advertisement in a Los Angeles paper, which read as follows: “Wanted, a young man of good habits to collect for a large firm. Must be able to drive, and give reference. State age and where last employed. Five hundred dollars security required. Cash or unencumbered real estate. Address M, Box 35, Times office.” He was called upon by Spencer, who represented himself to be an employee of the Patton-Davies Lumber and Fuel

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Company, a prominent business firm in Los Angeles, and was told that it was this firm which wished to employ a collector. He was taken by Spencer ostensibly to visit the office of the Patton-Davies Company. As they were about to enter the office Seagrave’s companion said, “There is Mr. Davies now,” and introduced him to the defendant Campbell, who personated Mr. Davies of the Patton-Davies Company. The result of the conversation was that the false Davies agreed to employ Seagrave as his collector. The next day they met and Seagrave accompanied Campbell in a ride about town, while the latter was attending, as he stated, to certain business matters. During the progress of the drive Campbell said: “How, it will save time if you go round to the bank and draw the money,” the money being the five hundred dollars called for in the advertisement, money which was to be held by the firm as security against possible embezzlements upon the part of their collector. Seagrave got the money. Campbell then said: “1 have got

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few bills I would like to settle, and it would save me so much time..... How, loan me the money to pay these debts in the Stimson block, and the balance I will put in and draw the balance out of the firm’s money, and give you a certified check around at the First Hational Bank for five hundred dollars in your name.” Elsewhere the witness Seagrave testifies as follows: “Q. Is it not true that you agreed with him that he was to use this money in his business, and he was to make a certificate of deposit for the full money which you delivered to him from his own funds? A. Yes, sir; I made an agreement; that is, it was agreed that he was to use the money just as you say, providing he returned the full amount on that same day. The agreement was that he could use the money and return it, yes, sir. Q. And there was no limit to the amount he was to use? A. Ho; there was no limit at all. Q. And you delivered to him the five hundred dollars under that agreement? A. Yes, sir; I gave him the money. Q. For their own use and their own business, as you have stated ? A. Under that provision, yes, sir.” Still further the witness testified: “ ‘Well,’ he says, ‘now, if you can get that in cash, it will save me the trouble of going around there, and I can pay a couple of bills, and when we come round there [to the bank] we can stick in the balance and draw out enough to make up the de