The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-04
An INTERESTING CASE.
MERCHANTS SHOULD FILE THE FACTS AWAY FOE
FUTURE REFERKNCE.

/ FUTURE REFERENCE
On last Friday, October 80, the jury, afte1
five minutes retirement, brought in verdict
of guilty against the accused in the case O.
the State of Louisiana VS.. Alfred St Marc
The prosecutor was Mr.. 81. T. Lawler, doul
and commission merchant, and the informa
ton and trial was the first ever presented
under section 1926, Revised Statutes, which
reads as follows:
Whoever shall purchase goods, merchan
disc or other commodity for cash, and shall
sell, hypothecate or pledge the same tc
another, and use the proceeds thereof for any
purpose other than the payment of the sele,
| or vendor. with intent to cheat or defraud
| such seller or vendor, or who shall conceal,
ship or otherwise make way with or deliver to
another any goods, wares, merchandise OF
other commodity SO purchased, without pay
ing for the same, with the intent to cheat OF
defraud the seller or vondor, shall be deemed
guilty of felony, and upon conviction
thereof shall be punished by a fine not ex-
ceeding five thousand dollars, or by imprison-
ment in the Penitentiary for a term not ex-
ceeding five years. or by both such fine OF i'm
prisonment-
The facts of the case, as proven on the trial,
we're that Mr.. st. Marc on the 9th day OF
January, 1872, went to Nj. LAWYERS store and
asked to purchase fifty barrels -four for cash
Mr.. Lawler sold him the flour, but was I'M
willing to allow his goods to go out without
sv,o hou
that would justify him in first delivering the
-four and then presenting his bill for payment,
which was to be paid at st. Mares Office, on
d. mand, after delivery of tire -four. Messrs.
Generelly Il Alex were given as reference.
Their report proving satisfactory the goods
were delivered, and Mr.. Lawler sent his col
lector to get the money and thought no more
of the matter until January 30th, when st.
Marc came in again to purchase twenty-five
barrels OF -four more, saying 1t was to fill all
order. Mr.. Lavler thinking his first bill had
been paid, sold the last lot to him on the same
terms. On giving this last bill to Mr.. Lytle,
his collector, he found Mr.. Lytle had been
unable to find 'Mr. St Marc at his office,
and that the first bill was unpaid.
He then blamed Mr.. Lyle for not making
the collection and told him to present both
bills for payment next morning hen P NJ,
and too late to find Mr.. st. Marco and if not
paid by 10 clock to report, Mr.. st. Marc was
not found until late on the day of the 31st of
January, and he told Mr.. Lyle he would pay
next morning both bills, Mr.. Lythe called
next morning and was unable to find ST.
Marc, but noticed a card up saying bills paid
10th, and several parties hanging around wait
ing to see St. Marc. Mr.. Lyle reported to
Mr. Lawler about IL NJ. that St. Marc could
not be found. Mr.. Lawler then went person.
ally and after considerable delay found ST.
Marc, who informed him he had sold and
shipped the goods and that he must wait until
he could pay, which would be in eight or ten
days. Mr.. Lawler being alarmed commenced
efforts to find his -four and at last succeeded
in finding 25 barrels stored out on the New
Basin at the store OF Mr.. J. B. Agnel where
st. Marc stored it on the 2Sth of January
fMr. Agnel refusing to buy it at any price,,
with instructions if any one was to ask who
put it there not to say it was his (St Marcs)
-four. The same day he shipped 10 barrels to a
party over the lake.
The last 25 barrels purchased Mr.. Lawler
traced to New Iberia, but the party receiving
it had Mr.. St. Mares receipt for the cost Of
the flour annotated one month ahead
In the meantime it was ascertained that the
accused had treated other merchants as he
did Mr.. Lawler. Amongst others were the
houses Of Glover Il Odendhal, A. Poincy,
Fred. DelBondio, j. H. Polhaus Il Co., Geo.
Martin, Chas. E. Slayback & Co., Nettleton
Co., Stanard, Bronson l. Co., Finney, Sheehan
& Russ, Prudhomme & Grace, and many
others His frauds upon all these houses
amounted to several thousands of dollars, as
each party suffered to the extent of $500 to
$500. Mr.. LAWYER, exaperated at the frequen-
cy of such swindles, determined to check it |
if possible, and to invoke the protection of
the law above quoted.
An investigation elected the fact that about !
this time est. Marc" had disclosed his scheme |
to Mr.. Cretien, baker, to whom he sold |
SO barrels of this -four for cash at loss of |
about 500. He told him he intended to pur-
chase goods as much as he could, and VIXEN |
the bills came to be collected he would offer
them twenty-five cents on the dollar, or make
Them wait, and that they would be glad to
lake the pro rata offered. He said that was
The only way to make fortune nawadays, and |
he would make the Yankee suffer- It should
be borne in mind when he sold the -four to
Mr.. Cretien that the market was advancing
apidly.
Under their determination, and exasperated |
It the audacity and extent of the swindle, the
agreed to make Mr.: LAWYERS case a
est one, and submitted the testimony above
given to the jury. The case was twice tried
On the first trial the jury hung, standing for
,hree days and two nights eleven for cOnvic-
ion and one for acquittal. The second trial
.esulted in conviction as above related.
The case presented question in which
every honest merchant should manifest a
lively interest, and as it was the very first
1nder the statute they must have rejoiced
It its result, as it will have wholesome effect
inc deter others from initiating the practices
# St. Marc, and put stop to species of
'windling unfortunately heretofore but too
requent and successful.
Messrs. McGloin & Nixon and Randolphe,
Singleton & Brown appeared for the State,
Nessrs. T. NJ. Gill and II. c. Castellanos, Jr.,
or the accused.
N. B.-Mr Lawler was several times, since
ling the information, rendered payment in
I'LL, including cost of prosecution, amounting
n all to about S110O, if he would discontinue
he prosecution but he refused, as he consid-
red the crime should be punished or our city
would lose its high standing for commercial
integrity.
There are certain peculiar occurrences
which could only happen in certain corners of
he universe and perhaps Massachusetts, may