Atlanta Georgian and news. (Atlanta, Ga.) 1907-1912, February 04, 1907, Image 1

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Atlanta Georgian and news., February 04, 1907, Image 1

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Newspaper Page Text■_ nf-eWi L. !*■*< V KJH —- ' Atlanta Georgian and News VOL. V. NO. 184. ATLANTA, GA., MONDAY, FEBRUARY 4,1907. PRICE: WITNESSES TELL Of KILLING OF ARCHITECT BY THAW Slayer Flourished Pis tol After Firing 3 Times. WHAT THAW’S WIFE SAID AFTER TRAGEDY Son of White Is First Wit ness Called to Stand WTien Trial Begins. DELMAS INTIMATES THAT THAW WILL PLEAD EMOTIONAL INSANITY Night Edition New York, .Fob. 4.—Horry K. Thaw's If ht against death In tlw electric chair began In carneat today. The proaacullun will contend-that It waa upon the oath of his mother that ha waa mentally Bound the young prof, ligate waa allowed to ahare ao liberally In the fortune left by his father. The trial will be rushed to a rapid conclusion and It la believed that Thaw wilt know his fate within a fortnight Woman Are excluded. Almost Immediately after the open- Ing of court all witnesses except the experts and all the women were ex cluded from the court room. The report that Juror Harney la the father of Jdaale Follette, a close friend of Evelyn Neablt Thaw, la erroneous. It waa circulated, apparently, by i an excellent one to bring her promt- ■ nemlY before-ths pnhHr Thaw waa In another of hta surly moods when he awakened In his cell today. He denounced what he termed the petty methods of the district at torney fencing for a delay In the prog ress of the trial. His demeanor changed, however, when he was told that the twelve Jurors now In the box w ould be retained. He then said he was glad the trial was going on and said he would look forward eagerly henceforth for the day of his liberty. Lawrence White, son of Stanford White, eras called as the drat witness. Young Whits Testifies. Young-White waa -questioned by Mr. Oarvan. The witness said he lived at Janies, L.L, wgs 19 years old and -the-son of tha late Stanford White. On the night of June 11, last, he. left-home to Mme to New York. That day. he had purchased tickets to the Nder York theater, expecting to be accompanied by a friend named King This friend Joined him In the city. He eaw HU father. Stanford White, at the Whit* city home.' He talked-with his father find then the three went to the Cafe Martin White they were dining, he told hie father he and King were going to the theater. White wanted to take them to Madison Square Garden. They left the cafe about l.-IO p. m. Stanford White took the boys In an electric hananm aa far as their theater. After the ahnw, young White took hia com panion to the station. aa King wanted to catch a midnight train. Then young White went home and met aeveral re- Boston. Feb. 4—Miss Louis David son. Tha Poat'a staff correspondent at the Thaw trial, Intervlawad Lawyer, Delmaa last night and from him ob talned an outllna of the defenae. emo tional Insanity, and the virtual admis sion that Evelyn Neablt Thaw will not ba called to the aland to testify^ "I have had much respect for the Jury system In thle country hereto- fore," Mr. Delmaa said. -But at this moment my highest expectations havs been fulfilled." — — When aeked what the line of defense would be, Mr. Delmaa replied: "The line of defenseT Do you know U la a constant surprise to me that people seem to think It necessary to ask about that. It Is so obviously, ao naturally, the defenae, that -I cannot understand there being any doubt about It all. What It la I must not tell you. It would be a breach of profes sional etiquette. But It aeema aa though everybody must know already." When asked what he thought of Harry Thaw, the lawyer replied: ‘He la one of the brightest men I ever met. He Is exceptionally blight, grasps a subject instantly, ‘ has thought all around It and arrived at a conclusion In a moment. "He Is Impulsive, quick to act and quick to see the sequence or events*' “Mr. Delmas. If he Is blight, alert and mentally strong on reasoning things. InsaneT" he asked suddenly. "Temporarily insane under stress of great excitement and unable to control anything that tha amotion of the mo ment might dlctatn." was the answer. “Have you ever, through the stress ' ten brought to of circumstances, been condition In which you had no what you were doing?" Mr. Delmaa asked. <T have." he replied to his own ques tion. "Almost any lawyer would tell you the same thing. Just because In some circumstance* the germs of emo tional Insanity which might be lying dormant Would mature, and for tha moment the man might be. quite In- 'The law does not ask how long a man was Insane. It finds out whether the man was Insane, and If he waa he could not be held responsible 1 ' "A man might become emotionally Insane and never have a renewal of It, and on the other band after being overcome by It once be would be lla- PACIFIC FLYER PLUNGES FROM RURNING BRIDGE SO REPORTED DEAD Omaha, Neb. Feb. 4.—The Burlington hack and art refuting to give out any railroad's Pacific Coast Flyer, from Chicago and St. Louis to SaetUt, went through'the bridge ovar tha Cheyenne river, weet of Edgemont, 8. D„ thle morning and fifty passengers are re ported killed. Tha wreckage took fire and burned. Tha Burlington officials headquarters In Omaha say they have no advlcea of tha wreck other than that one occurred, but specials from Alliance, Neb., near the wreck, say the railroad officers are holding particular!. The bridge over the river waa burn Ing when the flyer ran out on to It. Tha river was frozen over, but the cars crashed through tha lea. The bridge waa forty, feat high. There was not enough water to cover the cars. Re ports at Alliance from tha trainmen who brought the news are that fifty people are killed. Telegraph wires are down between Alliance and Edgemont. Wrecking crews have been sent from Alliance and Bbertdaa. Wyo. — h« is mil Hie sort of man who would become emotionally Insane. I rh-iUtd laid, you know." think?" suggested the Interviewer. What do you mean by emotionally like magnitude than That Is, he would give In quicker to It. You know I nm not saying that Harry Thaw's counsel la to advance a plsa of emotional Insanity as a de fense. I am merely discussing emotion, al Inaanlty wllh you." "la not It likely that Evelyn Neablt Thaw's testimony will help the defense greatly?" was asked. He smiled a qulsslcal little smile and then answered gently, though thoas ateel gray eyes did tremble a bit: "I have no doubt that Mrs. Harry Thaw's testimony would help It sh< were put on the stand." And then he added: 'if ebe were. I One does not trap Delmas Into mak ing admissions. Race Results < NEW ORLEANS. New Orleans. Feb. 4.—Here are the resulta of today's races: F|R8T RACK—Lawless. « to 6. won. Bucket Brigade. 40 to l, second; Las Atneda. 6 to 1, third. Time. :44 J-5. SECOND RACE—Kara. 3 to 2. won. Aules. 2 to 1, aecond; Ptttkln, 5 to 1, third. Time. S:lt. THIRD RACE—Oold Proof. 7 to 2. won; Dargaiveven, aecond; I^ndy Car- <4,-A-to^- F017RTH RACE—Grace Larsen. 7 to 2. won; Tom Dolan. 2 to 5. second; Lamp Trimmer, 1 to 2, third. Time. MOTHER OF HARRY THAW OFFERED TO PAY $100,000 FOR CURE FOR HER SON 1:41 4-8. FIFTH RAi'E—Lena, even, won Captln Hale, i to-1, second: Grace George, 1 to J, third. Time. 1:14 1-8. HOT SPRINGS. Hot Springs. Ark., Feb. 4.—Following are the results of the racee here today FIRST RACE—Ida May. even, and Laura Clay. J to 1 (dead heat): Lady SECOND RACE—Eltovar. 8 to 1, won Woodiiantt, avail, aecond: Toni Anderson. 2 to 1, third. Tima. 1:84 fdr THIRD RACE —Blackburn . won Nancy, aecond: The Bear, third. pened on the root garden. He hurried to the garden, reaching there after midnight. White Net Croat Examined. White was not cross examined. The next witness was Walter Paxton, «n- [ gfneer of Madison Square Oar-den. He I said he had known Btanford While for [ 14 years, ever since he had been em- i described how entrance Is gained ! in the theater by two elevators on the Twenty-sixth street side, and aald New York. Feb. 4.—“1 would give $100,000 and more to cure my eon of epllepey." Thle statement, declared to hav, been made by Mrs. William Thaw with reference to her son; Harry. It *» **- vrated today, may ploy an Important part In the defense of harry K. Thaw for the killing of Btanford White. It reveals that epileptic insanity mar be the form In which the plea of tem porary Inaanlty may be made; that Thaw has been subject to epileptic fits. during which he Is deprived of rea son, and that It waa during one of these file he ahot White. Agents working for the Thaw de fense; It has bean discovered, have been questioning persons who have heard tire. Thaw make this offer years any on, who discover a curt for tpUepty. stating that her son was subject to epileptic fits. The course »f the questioning by the Thaw agents Indicated the persons examined might be desired aa witnesses at the trial- , CASE OF PROSECUTION OUTLINED BI GAR VAN COTTON ASSOCIATION ATTACKED IN HOUSE FOR FIXING PRICES Washington. D. C, Feb. 4.—Before the price. o’clock. Witness said that he did : not know Thaw. He remembered that the first act of the opera waa over. Q—How long after Mr. White en- | tered did you see the defendant? I A—About an hour and a half Q—Had you remained In the place? A—Yea. for about ten minutes. Q—Where waa the defendant when | you first saw him? A—Standing near [the table at which Mr. White waa su iting. Fired Three Shots. Q—Waa he facing Mr. White? |A—No. Q—Tell ua just exactly what you laaw? A—Mr. White waa sitting at a liable and ona of hla arms waa thrown [carelessly over the back of another [chair. When I heard the shot 1 looked I« Thaw tha second time to see the | other two shots fired. Q—How many shots did you hear? | A—Three. Q—Give us some Idea as In how | long a time there waa between Ihe shots? A—About a second (Indicating I lime by snapping his fingers). -What happened then? A—Mr. Conway, foreman of Ihe Madison Rquare Garden, took hold of Ihe de- j tendant and asked me to take charge of him. Q—What did Thaw say? A—He aid: "I'd like to go down to the ele New York, Feb. 4.—Promptly 10:48 a. m., after two preliminary con- ferencea between Mr. Jerome, Lawyer Hartrldge and Justice Fltsgerald. As sistant District Attorney Oarvan began hla opening address to the Jury. These ere no peremptory challenges and the Jury remained Intact. Mr. Gnrvan. after requesting that the Juror* not permit the tedious experi ence of the past week to lnltueif.-e their minds In any way. said: The defendant Is accused of mur der In the first degree. On June (, In this county, lie shot and killed, with premeditation nnd deliberation and with Intent to kill.. R|enfnrd White, a lember of the architect firm of Mc- Klm. Meade A White. "on the Saturday before his death. White went to hie home In Ht. James. L. 1.. to ipend Sunday with his fam ily. On Monday he came to his ofitre and met hla eon. a young man of 18, and a student of Harvard, and hla sop's chum. Leroy King, also a stu dent. The three went to dinner. Mr. White took his son and King to the Cafe Martin. After that Mr. While said he would lake them to the Mad ison Square Garden. "He then drove down to Madison quare Garden and went to the roof, where n new piny was being produced that night—n play called 'Mile Cham pagne.' It was the opening night. At the sides of the aisles are tables. You enter on the Twenty-sixth street side of the garden and then you enter Ihe aisle to the side of the stage. Mr. White came up to ihe Twenty-sixth street elevator and sat at one of Ihe tables, thirty-five feet from the stage. He sat there alone. "Mr. White's head reeled on his hand. The defendant waa there-with hla wife and Truxton Beale and a man named McCateb. In the middle of the second act hla friends went out. He fell back and remained behind and go ing over to the table where Mr. White was sitting he faced him and deliber ately shot him dead. For tsar he had not completely done his work, he ahot him again, the ball going through his mouth. Still, not ronient, ht shot him again. "The body of Mr. White fell from the chair. The defendant raised hla arm, holding aloft the revolver. The audience understood: they knew he meant to signify that his act was com pleted. The people claim that It was a cool, deliberate, malicious, premedi tated taking of a human life. We ex pect to prove this and ask you to islgh the evidence csrefully." Thle “ ended Mr. Garvan's address It had taken him but seven minutes to deliver It. tbs house passed this afternoon the Livingston resolution, sailing upon the bureau of corporations to Investi gate the cotton exchanges of the country, with the view to -preventing dealing In cotton future*, Mr. Flts gerald. of New York, made a violent attack upon the Cotton Grower,* Al- soclatlon. saying that. the association “In conspiring to Increase Ihe price -if cotton Is e* culpable as any cotton exchange which tends to lower the price." Col. Livingston today called up his resolution and asked that It be passed. Mr. Fltsgerald, while denying any opposition to ths resolution, said the Cotton Growers' Association should also be Investigated as he knew, and all the members knew, that the asso ciation had met and restricted the area of the cotton growth so as to Inflate This. Mr. Bartlett, of Georgia, dtnltd. Mr. Fltsgerald replied that some steps nad bean taken to Inflate the price and he considered an Inflation of the price by artificial mean* mot* , harmful than depressing the price. He said h* spoke as a consumer and not aa a producer of cotton. the cotton growers had ever conspired to Inflate the price of cotton. He aald there are 8,000,000 concerned In raising cotton and It Is Impossible for so large a number to get together and decide on anything. —4‘rrt, Livingston said: "Thle Is no fight on Ihe cotton ex changes. I understand that many members of the exchanges deplore the very conditions which this Investlga tlon seeks to regulate." The resolution was then passed unamended. IS FOR TUNE OF R YAN TO BACK UP OLIVERt Albany. N. Y„ Feb. 4.—Judging by papers of Incorporation filed with the secretary of state. It Is believed that the new company which Is to beck the oiieratlonn of Contractor William J. Oliver, of Knoxville. Tenn., In con suming Ihe Panama, canal, should President Roosevelt decide to have the contract awarded to hint, will not only be backed by the present state super intendent of public works, Frederick C. Steven*, hut also by Ihe millions of Tltonin* F. Ryan, of New York and Washington. »Thls opinion Is derived rront the fact that the chief Incorpor ator Is John B. MacDonald, who built the New York subway, and who, with Theodore P. Shonts, wo* recently elect rd a director of the New York Inter- burough railway. The name of neither Mr. Ryan nor Mr. Sleven* appears In the papers of Inmriinratlon as filed. The rompanv Is obliged to carry out "such contracts as ate awarded to It by the United Stale* government " The directors are John M. MacDonald. John Pierce, George F. Harriman. New York; W. J. Oliver. Knoxville, Tenn.: Patrick J. Brennan. Washington: Oeorge Pierce. Frankfort, Me.; Patrick J. Wnl*h, Davenport. Iowa; Russell Jone*. Lynchburg, Vs. I said: "We have got to go down there I anyway. It's a good Idea." What Thaw's Wife Said. Q—You then got In the elevator? L A—Yes. Q—How many were In Ihe party? IA—Five. q—w*s hla wife there? A—Ye*. Q—V * ” ' I And I the . What did h* say? A—He said: did It because he ruined my wife." then she said "Yes, but. look, at . fix you’re In now." And then he Id "all right, dearie, I did It to save ir life.” diagram of the Madison Hqusre ,.f was shown to the witness. He tested on It the spot where White when he was shot. Th* diagram then shown to the Jury and was alned by Mf. Oarvan. Mrs. White's Brother Escapee It developed today that one witness sight by District Attorney Jerome In ANTI-SALOON LEAGUE CONVENTION TO TAKE PLACE ON WEDNESDAY Continued on Pag* Thirteen. Two hundred delegntea and visitor* ere expected at the state convention of the Georgia Anti-Saloon League, which will be called to order at Wesley Me morial church Wednesday morning at i o'clock. The convention will take up many matters of Importance, and It Is prob able that the movement for state tiro- hlbltlnn will be given a new Imp. tun. The session* will continue for two days. The full program was published In The Georgian and News Iasi* Hat- urday. ‘Thank God for The Georgian” -REV. B. F. GUILLE. The Rev. B. F. Guille of the Westminster Presbyterian Church said some very pleasant things about The Georgian and News in his sermon Sunday night. In illustrating the practical power of Christ upon men in every day life, he said: “Thank God for The Atlanta Georgian and the noble editorand pub lisher. Christ lays hold upon men to produce such editors as the editor of The Atlanta Georgian and News, who writes upon politics with the moral issue involved clearly expressed; and dashes into the greatest interests of mankind with a master fulness and complacency of utterance that is comprehensive enough to edify the sages and simple enough to instruct our boys and girls in the things that endure.” SAY TRIP TO EUROPE WHS PAID BY COMPANY; AMENDMENT IS FILED WIRES TO AGENTS READ IN COURT AFTER ARGUMENT Insurance Receiver Case Hearing Begins Monday. Insurance Case Takes on New In terest. That J. T. Dargan, co-receiver Sod - president of the suspended Atlanta- Birmingham Fire Insurance Company and Ihe Prudential Fire Insurance Company, took a trip to Europe and charged the expense* of 1400 to tha company; that he advanced and wrong fully paid lo himself as president $2,000 a* salary, and committed other Irregu larities while at th* head of thf oon- concemlng the receivership of the oom- pawr.Th.qu8.tton appeared to tndl- cata that th* attorneys were trying to locate the exact standing and rala- tlena between -Mr. Pollard and.Presi dent Dargan. Receiver Setton Is also dgputy Insuranc* commissioner for Alabama and the only Important evl corn, were Indulged la an amendment filed In th* Federal court Monday morning In the litigation being' pushed by Ban Francisco Investigations being mods Into business and records of tha suspended company by R. H. Cross, an attorney from Ban Francisco, Moor* A Pome roy, of Atlanta, assisted by an audi tor. Th* amendment and lt« contents were sworn to by AttorneyJCrose to Th* hearing of avldtnca by Special Commissioner Henderson, which be gan Monday morning, developed siren- uou* objections on th* part of Attor neys Roundtree and Fsldsr to the In troduction of certain telegrams, A. M. _ Beatty, mansesr nf the Postal emp- tlon and belief" and grow ~ottt pany, having been aubpenaed and In structed to produce th* telegrams. It later developed that the dispatches were from J. T. Dargan to Dargan A Ragland, of Dallas, Texas. The attorneys for the defense want- ed to know what the dispatches con tained before they were admitted or they consented to admit them. Thera were objections and counter objections. Attorney Roundtree finally checking matters by advising Manager Beatty, as attorney for the Postal Telegraph ( ompany, not to produce th* dispatch es, a* they were confidential matters und could only be produced under an order from the court. . Mr ' P.*** 1 * asked Special Commis sioner Henderson If h* should produce the dispatches, end. upon being In formed that he was Justified In doing *"|. hr produced them. Diepetohee'Preduo t.'pon being read It was found that they passed over the wires between President Dargan and his agents In Texas, advising the agents to cancel all outstanding policies on a pro rata basis and make Immediate draft on the company for what waa due them. The answer of the dispatch referred to an Atlanta bank covering th* draft. Co-Receiver Sexton took the stand and produced a Hat and some Urn* was taken up In checking off papers he hall been ordered to produce In court. He was questioned by Attorney Moor* concerning th* conversations between Colonel'Pollard and himself and belief. It was read and con*Id ered by Judge Newman, now In Ntw Orleans, and waa ordered filed. A portion of th* petition follows: Major Dargin'a Statement. Major Dargan Is confined to his home today with tagrtpp*. When asked for a statement as to ths charges made In this amendment, he was unable, on ac. count of hla condition, to give an ex tended statement. His short statement follows: "Th* allegations contained against me In the amendment filed tbl* mom- Informatlnn and belief. Thee* statements ore sworn to by a California attoraay, who never knew ms until within the apst few weeks, and ara sworn to by him only upon his Information and belief. The charge that 1 have ever used any of th* funds of the Atlanta-BIrmlngham without proper warrant and authority Is absolutely untrue. Th* charge that any payment of th* funds of this com pany to any party haa been made with out due authority Is squaly untrue. ■ "Gross Injustloe.” ■"That part of th* amendment which seeks to narrate tbs transaction in which I. was, paid advance salary I* ■BBEBPMMBM^HH Injustice. . seeks to do ms gross hoy has ever bsen paid to m* accept under the terms and pro. this company. The statement thst recently or at^arj' time sold, to th* Mr. Burleson, of Texas, dented that dsnea extracted was that U was evi dent to him last December that th* company should be placed In th* hand* of a receiver under the laws of Ala bama. company any of my stock In the com holly it ' lb* compel By vole nf 12 to 4 the city council concurred with the aldermanlr hoard and adopted the amendment to the wa ter bond election authorising Ihe float Ing of $800,000 bonds. It was amended changing the date from March I April 8. It was the understanding nf rounrll and the ruling nf Mayor Pro Tem. Qulllfnn that the election could be vot ed for and yet not make a sate of the bonds until further action. The council cqmmlttee then made a favorable report on the Gilmer and i'ourtland street site for the proposed armory and auditorium. The Walker street school sits again came up and there was more or leas objection. The rules were suspended and the cltlsens were allowed a voice. J. Hpauldlng was the first to heard on th* subject. RIDGWAY'S STOPS PUBLICATION WITH ITS NEXT NUMBER Ions In stock which I have had with lit* company have been at times when stock was formally put Into my name and formally gkaa ant, ml. thee- - transactions were known and approved | by the directors. The Yhsrgs that 1 preferred my brother In the matter of over the ot»*r unearned premiums over agent* of the company ts < "I can only ask that th* public WIU 18* until Li: can be tried In t.l* court*.* New Amendment. 1—Petitioners aver that aald J. T. Dargan Is ths president, a director and a stockholder of the Atlanta-Bl^mlng- ham Fire Insurance Company, and Is th* presldsnt and, a director of the Prudential Fire Insuranc* Company; that said Daman's Interest are antag onistic to those of your petitioners and the other Bon Francisco creditors of said Insuranc* company. On Informa tion and belief, petitioner* charge that hla Intention of fighting th* claims petitioner* and th* other ■■■■■■■■la ram- . clero creditors, and to endeavor to de feat the anme, for which reason* said J. T. Dargan Is disqualified In law, equity and good conscience from ad ministering on the affairs of sald com- panlss as receiver." 8—Petitioners aver upon Information and belief that said J. T. Dargan, be tween the 8th day of August. 1104, and Ithe 18th day of Beptsmbar. $80*-waa on an extended trip to Europe at the expense of th* Atlanta-BIrmlngham iFire Insurance Company: that said ex- gregate to about $*00, which ' by the Atlanta-BIrmlngham Fir* In surance Company without warrant or authority from th*hraammAM4ra|||^ra board of directors. ta-Birmingham Fire Com pany by said J. T. Dargan ara "hatha" "wines and liquors," "tips." "entertala- ment,” "wishing," all of which ara Im proper chargee against said Insurance company, and petitioner* aver that said Damn should he compelled to ac. count for and return to said Insuranc* company all of said fund* so wrong fully taken and withheld from said At- lanta-BIrmlngham Fir* Insuranc# Com pany, and th* receivers should be di rected to Institute a vacation against sold J. T. Dargan for Its recovery. Salary as President 4—Petitioners avsr upon Information and belief that subsequent to the San Francisco fir*, and **!••• Insolvency of tha Allanta-DIrmlngham. Ftra Insur ance Company was necessarily known lo aald J. T. Dargan. and a shoit while prior to the appointment of the receivers for said company, said J. T. With Hu: next Issue of Rldgway's, ihe Dargan wrongfully paid to himself aa new weekly magnslne, which was. for nffsldent of said company a sum ap- a lime, published In Atlanta, will cea*e / ixlmatlng $1.8*4 as advance salary, publication This announcement ha* jf -tltloneraavsr that $1,104 of this sum been mad* through th* business ofitce/ ,, wrongfully advanced was not of the publication -to those Interested^ charged to the personal account of said With K* last number Rldgway's n'ff|j. T. Dargan. a* waa proper, but, on have Issued nineteen numbers. Th* publication started as a new Idra. a weekly covering current topic*. It was published In fourteen different cities fir several weeks, each city having an edition partly devoted lo matter of lo cal or sectional Interest. The reasons tor the withdrawal of Rldgway's from publication will be ael oul. II I* announced, In the next, and last. Issue. The announcement of the publishers of especial Interest to Atlantans from the fact that Jo*. Uhl, formely of The Ihe contrary, was sntsraa on tne casn book of aald company "advanced on agency contract* A. B. F, L Co.:" that aald entry, petitioners charge upon In formation and belief, was made for the purpoee nf deceiving th* direct rectors I said company, th* auditors, and per-, anna who might be Interested therein. Petitioner* aver that this money was taken from the treasury without war rant or authority In law. la a lessl I fraud upon your petitioners, and that staid J. T. Dargan aboutd be compelled |to account for and return to said In- .Constitution, Is associated with ths Isurance company ths sum of It,004 so publication al Washington, hAvlng --a --•< *a» taken charge of the Washington edi tion upon th* suspension of publica tion In Atlanta. Mr. Ohl's plans for the future have not been given out. wrongfully token and retalasd, and th* . receivers of said Insurance companies should be ordered by thi. . «u : i at once begin legal proceedings to compel his restitution.