Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-19

sSpie W.. Moses xllon-FdIse Prstenccs.-
For the prosecstion, Messrs. Phenix JON n A. Nor
For the aocused, III. E. Davies, his honor the Re
cordeS Robt II. Morris, and Samuel A. Eoote.
The defeadsnt, Moses Allen, ia or rather was .
keeper Of aottery office in Broadway at which bu-
opulent he very properly became disguised with the
immoral means by which he had obtained his wealth,
abandoned his dishonest avocaton, went into Wall
street and setup shaving shop, joined the Presby-
tract association and home minister OF oil that was
pous and virtuous. Things went on smoothly and
and presperously with Moses and his brother Solo,
men for many years; the banks discounted; Moses
borrowed; Moses lent; Moses shaved; Moses sPeeu-
lated; antl Moses could borrow, and shave and spe-
culate no longer; and then Moses bursted and went
into sackcloth and ashes. Previous, however, TO
this last act of humility he made several efforts to
retrieve his esses, and among shers, the subject OF
this action. Az. M. .flt ~
The accused party appeared at the bar to answer
the heavy charge against him, and through his coun-
sci, counsellor Foote, pleaded not guilty.
Mr.. Morrison opened the case. gentleman re-
siding in Charleston, s. c., Mr. Lewis Ertzberger,
advised to purchase draft upon some good house at
that place. He accordingly called at the office of AL
len, Paddock g. Co. and purchased from them draft
upon their house in N. York for $4,000 payable at 30
days sight, for which he paid them in cash the full
amount Mr.. Ertxberger brought the draft with him
to this city, after being detained for some time on the
road and presented it to Moses Allen, by whom II
was accepted Mr.. ErtzbeYger put the draft into the
North River Bank for coectipn, and upon its arriv-
ing at maturity it was protestsd for nen-payment-
He Immediately called upon Mr., Allen to see what
he intended to do about it, and was told by HIM that
the draft was perfectly gsod but he bad been disap
pointed in funds ne expected from Charleston, and
would secure him by transferring certificate for 20
shares Of Boston and Providence Railroad stock,
which was then worth from 80 TO "a per cent se-
curty, and pay him the balance. sl250 in cash. Mr..
Ertzberger asked for memorandum OF the stock Of
fered, which was gwen as above stated, made nqui-
rles respecting the value Of the same, and was in
formed that it was good. Upon which he called upon
Dir. Allen again, and said he was ready TO take up
his offer. Allen went out and sosn afterwards re-
tarned with aeertcate psrportng 10 be the stock ne
had agreed to give and Mr.. ErtxoeYger gave him up
his draft. THIS certificate was kept in his pocket un.
til Mr. E. heard that dividend of per cent had been
declared by the Boston and Providence Company,
when he took 1t in Wall street, and for the FIRST time
learnt that it was certificate Of the New York,
Providence and Boston Tor Stonington) Rail Road
Co." which was only worth at the time of the trans
fer 40 per cent Mr. L. returned as soon as he made
this discovery, and demonstrated with the accused,
bat the latter gave him satisfaction whatever stat
ing to him that he never meant 10 transfer him any
other stock than the StonlngtoR stock, and that il
worth what he statedat the time of the transfer.
Mr. Morrison concluded by remarl.inr that TINS was
most fragrant case offraud, committed, as he Should
show conclusively, upon an illterate man, and one
who was exceedingly ignorant of business and 1t was
that called for the infection of exemplary pun
ishment. #E
Lewis Ertzberger ,sworn-Witness was in Charles
ton on the 9Th or 9th Of March, 1887, and purchased
draft from Mr. Paddock, Allen d Carter, drawn up
on Merits Allen IL Co., New York, for 90 O00 paya-
Bile 80 days after sight, for which ne paid HIM the
cash; witness called The office of Allen, New York;
il accepted; put II into the North River Bank,
where il was protested; called upon Mr.. Allen and
requested him pay the draft; he said that the draft
was perfectly good; he had met with losses m
h~t, ho nffo rod
csrty by transferring to him Providence and Boston
Rail Road stock, which he said was wsrth SO cents
on the dollar and 81 cash; witness wished him
to give him memorandum of the stock, in order to
see if was good; witness went to Mr.. Goodwin and
showed him the memorandum; Goodwin said he did
not know the stock, and referred him 10 Mr.. Glo-
vcr, in Wall street, who knew more about il; went
with that gentleman to Mr.. Benner who said II was
very COED, and worth 90; witness went back and
told Allen that he would accept Of his offer, and Al
len paid him 81, 200, and gave him certificate of 70
shares Of Stock which he thought TO be according to
the memorandum, and put 4 IN his pockets witness
found out subsequently, that he had been deceived in
the stock and that he had been given the Stoningon
Rail Road stock, not worth 40; Allen said that the
StoHington stock was worth 80 at the time he gave 1t
10 him, and not getting any satisfaction from him,
witness went to Jesse Hoyt and stated the transac
ton; Mr. Hoytsen for Mr. Allen, and there Mr. Allen
said he would give him his note for six months, and
leave this stock for security, which witness refused
doing but agreed, if Mr.. Allen would give him his
note with security 10 wait six months longer; but
this Allen refused to do; witness thought II then
bad chance any how, and they quit al that without
any further conversation on the subject; there were
no other persons present when the agreement con-
cernne the stock was made except the witness and
Mr.. Allen witness cannot read writing unless II Is
written as plain as print this draft was all the mo-
| new he had in the world except few dollars.
| Cross examned-Had lived at Charleston and
/ Mobile, also at New York; is trader by profession;
was brought up as a butcher buys and sells cattle,
/ or any thing else when he has money 10 do II with.
Q-Is not your business that of gambler1
| A-pon't know what you mean by gambler; If
play cards or bet upon horse race, do II with my
| own money, and II is nobody sbusInees.
Witness once lived in Albany; has been IN Mexico
trading; was there from 1923 TO 1928. WITNESS re-
| fused TO answer whether not he lived by keeping
| gambling table. Never saw the stock book tprodu-
ced in court before; the first time he ever saw stock
/ book when he went to Mr. Glovers office; Ben
ner& Glover told hn that the Boston * Providence
stock good and improving, and u would be bet
ter for him to take IL il he could do without the mo-
ney; witness knew Of the failure OF the Aliens after
| his draft had been accepted. .FE..r .ef
BY aJsror-The draft was made payable 30 days
after sight instead of 30 days after date, as witness
| expected il would have been. There was friend Of
wi mess presents did not read The draft; thought ali
rght il was mistake either wilful or designed oil
| Paddock's.
Witness signed an affidavit sworn to before Justice
Jones; caus printed hsndbis TO be put up in the
streets detailing the imposition; and caused them 10
i he atod fba gbh Of