The New York herald., 1868-05-31
COURT OF COMMON plEAs-spEclAL TERM.

The Gift Enterprise Swindle Again in Court
Application to Discontinue the Injunction
Against the sand River Petroleum Oil Com.
pany-The Case of Kelly e. Co.
Before Judge Brady.
Ezsis Elias us Kelly d CO.-The expose Of the gift
enterprise fraud which appeared in the HERALD some
weeks ago has been attended with beneficial results
whether regarded as a warning to those who have
NOT yet been swinded the enlightenment Of the
thousands of dupes who have been egregiously
neeced and who it may be supposed, will be ieeced
no more. The Sand River business was adroitly
managed and deserved the commentator Of all
rOgues and pickpockets. Fortunately, however, the
principle OF .'hohor among thieves" did not appear
TO prevail for having robbed each other the spoilers
turned against each other AS previously stated the
dodge to sell the tickets at 81 EACH Purchasers
were then advised that they had won gold watches,
grand pianos and other valuables, which would at
once be forwarded by express on the receipt OF the
percentage OF the prize amounting generally to about
A1o. Transported with delight at their unexpected
luck, and caring little fort tre when big prize was
just within their grasp, the percentage was in most
cases RENTED without delay. Then came the long
ing In their applications and perhaps after repeated
remOnstrances the long expected gilt arrived In the
shape of 15o shares in an oil company giving heavy
dividends not In substance, but imagination. The
certificate was always admirably engraved giving a
sketch OF the locality showed the mills busy at work
and industrious laborers tong hard for the benefit
Of the shareholders. But, inasmuch as the locality
Of the company's operations was not clearly defined
there not a little difficulty in ascertaining its
precise geographical position, and the fortunate
winners OF the shares were content to lay them by
for rainy day happy in the thought that road con-
tractors would one day open up q straight
Path to the mine The bullion poured into the cofers
OF the cunning SPECTATORS, and smpletons smiled
at their own folly; and had the matter not been
timely brought under the notice Of the authorities
not by the dupes for they had deprived themselves
OF all legal rights by their participation In the en-
terprise-but by one who had invested $1,000 In the
business as partner, who, deuded like the others,
applied for an Injunction restraining Kelly from pro-
ceedlng with the undertaking. When the matter
subsequently came up before the court, both parties
were peremptorily prohibited from in any way pro-
ceedng In the fraud which was happily for the time
suspended. Piles OF letters had arrived at the Post
Ofce containing money for tickets but the judicous
appointment OF Mr.. Jarvis, clerk Of the Common
Pleas as receiver deprived the vulures of their prey
result OF the proceedings. Since that period Judge
Brady and Mr.. Jarvis have been in the receipt Of do
cuments from all parts OF the country bitterly CON-
planning OF the fraud. From statements which have
been made 1t appears that Kelly has since been
safely Gagged while Elias has disappeared not car
ing probably, 10 take further action in the matter.
But the mutability Of human affairs Is remarkable.
Yesterday by consent Of both parties, counsel moved
TO discontinue the injunction-not bad dodge in It's
way-but Judge Brady, determined to retain his
jurisdiction, emphatically refused to reverse his
previous order Moreover, he again prohibited the
continuation OF the enterprise, which quashed
by his former inJunction; and under the impression
shat the ends OF justice attempted to be defeated
he Is fully aware OF the maxim that the value OF the
trap depends upon the kind OF animal that is caught
IN II. The application for the suspension OF the in
junction order was refused