The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-05
voucher for the said COAL wfc pretended voucher Is In
the words and figures following, 70 witt
SxN FRAscIsco. March I. 1854

cK Garrson Assa Ncaragss Steamship Ge~pany
Received sG pay%eS 0' sARRsos sgea
And these plaintiffs further allege that upon inquiry the
have a:cerianea and they ihereiOr. allege tie fact {
were purchased by the defendant of the Arm OF Haser
Banes Co at the price Of twenty five dollars (s25) pei
tou less ore dollar (Sl) per allowed dischargg
having ,se amount actually paid by tho defendant sr
said coal twenty four dollars {$2) PEI ton and THAI
these plaintiffs have in their possession plicate Of the
bi rendered by The said 0rm Of Haster, sAines Co.
to the defendant for said coal twenty olars $25)
These pIainss he etore, arse that in lis matter Of
the purchase OF said red and thirty r tons OF
hundred and four doiiars (sS04,) or thereabouts,
Ana these pantits further aiege that about the
month OF Augat 1854 the defendant rendered to these
pantss an account purportng TO be accoursof the
Goa! purchased by him for account Of these piars up
to the aist Of July 1894 in which these plain.
s are charged with the sum Of niae Thousand six
dred ana eiehty-sx dolers and eighty eight cents
ss Tor coal alleged to have been purchased Of
together with said account the defendant transmitted to
piainuls pretended voucher purpertng a voncher
six dollars and eighty eight cents Ss) but that
sn examination they have ascertaned, and they aIege.
mat the said pretended voucher signed by the said
firm Of Husscy, Bond Haie but il the handwriting
Of one OF the clerks Of the defendant; and these
plaintiffs are informed and believe and therefore allege
that the coal mentioned said pretended voucher was
never purchased and the money se4ed therein to have
oeen pad was never paid By the defendant and that
And these plaintiffs further alege thnt their steam
sns sailing from San francisco were during the period
OF the said agency OF the defendant furnished with coal
from coal depot at San Francisco whchcoal depot
supplied BY shipments OF coal made by ahese plaintiffs
and by purchases purporng to be made for them by
defendant That for the purpose OF ascertaning the
amount Of coal consumed by the steamships of defen
dants respectively and the ooa on hand at
said depot from time to time, was kept in
which was the duty OF the defendant agent as aore
received at said depot from time to time end the mum
ber Of tons Of coal delivered to each Of the plain
That the coal delivered board OF the steamships
OF the plaintiffs was put board and slowed by steve
That In rendering his accounts these plai1t was
customary for the defendant forward to these plain
lls memorandum Of the number Of tons dsvered TO
each steamship and also voucher OF the who
pur such coal on board OF the steamship showing the
number OF tons OF coal put board and the paid
TO the stevedore f,r putting the board and for
slowing
And these plaintiffs allege that during the period of
his said agency, the defendant carried a atem of
fraud with respect TO the sad account by
charging to The steamships Of the plaintiffs tons Of
procuring IRON the steve iores se vouchers stating
that more coal delivered than was actually
these plaintiffs are informed by j. 81
johnson, one OF said stevedores, and they believe
and therefore aege the defendant in pursuance OF his
SAID fraudulent scheme in or about the month Decem
btr 1854 procured from said j. NJ johnson fraudulent
voucher IN which was charged tho ooalUg on board Of
actually coaed on board OF said steamship That in
or about the month Of January 1863 the defendant
pursuance OF his said fraudulent scheme procured from
.he said j. M Johnson a fraudulent voucher In which
charged the coang board ofahe steamship Uncle
SAM oil nifty tons more coal than had actually been put
board OF such steamship That the said defendant only
Paid 10 said J. ~ Johnson his charges for putting on
board and slowing the quantities OF coal actually coAled
board Of said steamships but these plaintiffs allege
that in rendering his accounts TO hem tho defendant
charged the whole stated said fraudulent youo
to have been received by said johnson retained
the amount so charged out Of the moneys OF these PLAN
tits, which came 10 lne hands OF the defendants.
And these plainins alege, that the frands COMMITTED
upon them by the defendant OF the description last above
referred TO- are very numerous and amount 20 gtea.
Al Al ex nioafiou
the accounts and vouchers rendered by the defendant
AZ pears very many instances that the defendant mas
charged 10 the steamships OF the pan,s having
delivered on board thereof coal than is ststed in
S 4t tbRe Tor coaling sad yeNpsatust u
ccsi account falsely, and with intent to defraud these
plaintiffs Of large OF money and that he has charged
therein TO the several more coal than has been
actually delivered TO them, and they alese, on niorma
ton and belief that such false charges have been resorted
by the defendant Tor the purpose OF concealng den
ncies In said coal account which deficiencies have arisen
the def, ndant having charged these plaintiffs with
purchases Of coal which made and from his
having converted 10 his own use, coal OF these pans
OF which he has rendered them and in sub
stsntaon OF the charge last above made these plaintiffs
iuther alcge that defendant about the month
OF February 1850 rendered to these plaintiffs account
which purported account Of the disbursements
made by him for OF the steamship Uncle sam,
zone OF The steamships OF these pains) second
voyage from san Francisco; that in said account Is
charged the sum q i've hundred and twenysx dollars
twenty i've cents (S5.6 25 as paid 10 the said j.
NJ. johnson Tor coaIg on board OF the said steamship
Uncle SAM said voyage, four hundred aud twenyon
aud these plaintiffs aegc that they informed by
j. NJ johnson, and believe, only three hundred
and seventy Of coal actually put board
Of the sad steamship uncie sam, on The occasion last
above that of those three hundred and
ytpy one TONS about two hundred and seventy tons
wore taken nom the ship Arcoc, and that Messrs Jen
nnss Brewster, the agents OF the said ship Arcole,
paid the said M johnson sixty two and half cents
Tor dscharging said coal from said ship and the
paid to the sad j. ~ johnson the further sum
oaoipr and slowing san two hundred and seventy nine
OF coal on board OF the steamship Uncle sam that
the tad j. NJ johnson rendered his bill 70 the defendant
for coang three hundred aad seventy tons OF COAL
ncupipg charge for coalpg the said two hundred aud
seventy nine tons, sxtytwo and haf cents per ton,
but defendant procured the sad j. ~ johnson 10
hts said b by charging therein at the rate one dol.
four hundred and twenty one tons on board OF sad steam
ship amounting 10 the Of i've hundred aud twenty
iix dollars and twenty I've cents, ts52o % 400 and
charged the latter The pains and retained the
Of their moneys wherefore those plaintiffs al
lego that in the matter of the charge for coaling
the said steamship Uncle sam tho last mentioned
soyagc the defendant defrauded these plaintiffs 81 the
Of hundred and ninety four dollars and thirty
l eight cent (S2q4 3s), or theresbouts.
And these plaintiffs further aIegc that in the accounts
rendered by sad defendant charges TO the amount
&c upwards thirty thousand dollars (s3a 0O0) for
payments alleged have been made to one q j. Mscdon
aid, for merchandise purchased OF him for labor for
rem, Of storeshp, and other charges and that said
accounts accompanied by pretended vouchers for
uc sums therein charged paid TO said Macdonald
which pretended vouchers arc signed by him, or In his
j name
aud these plaintiffs alcge that the said c. J. Macdon
nd at the time Of signing said vouchers clerk in
irc employment of the said defendant, and not as
these plaintiffs informed and believe, engaged in any
business ON his account that he person OF no
peCunary responsibility, and not dealer in tho
articles in and by the said vouchers represented 70 have
been purchased from him, and these plaintiffs believe
and heore acgc that the pretended vouchers signed
bv fagd Macdonald above stated false and fraudu
| lent and that the which therein alleged TO
| have been paid 10 him, and whoh charged In the
said accounts rendered by the defendant as having been
raid 10 said, Macdonald, In fact paid. Yet
thtsc plaintiffs aege that the said defendant has retain
cd out o their moreys the whole amount stated Ia said
| vonchers 10 have been paid 10 the said Macdonald.
and these plaintiffs further aege upon Information and
belief that during the and fail Of the year 1898
the defendant aged IA speculation In -four 90 Joint
account with Mr. W. 1 Chryser In the course Of which
speculation the defendant and said Chryser became the
owners OF large quantity OF -four. That said -four was
purchased prices ranging from fourteen eighteen dol
lars and bali per barrel that the price Of said Hour
afterwards fell IN the San Francisco market and on or
atout the 1Th OF December, 1853, the defendant and
sad Chrysler made division between themselves Of the
four which they held Joint account and three hun.