The New York herald., 1878-01-15
THE COURTS.
Pains and Penalties of Feminine
Impecuniosity.
FACTS A. LA GRADGRIND.
The Responsibilities of Running Metro
potan Paper

The extent to which impscunious ladies' resort 10
sdiamond brokers and gentlemen OF this Tx Tor the
purpose OF reponishng their depleted exchequer VIII
doubtless remain OF those mysteries OF meropoli-
tan life that never will be fully dvulged Occasion
Ally, however, transactions In this peculiar limo are
brought to lfc through tho unhappy nesotiators OF
such forced loans being compelled to invoke the
protect them utter ruin at the hands Of
these accomm odnting lenders and who. for the sake
OF rescung, perhaps, valued family herlooms. which
they have pledged rs collateral, will bravo the
odlum ensuing from publicity OF the facts.
case IN point is q suit brought ny
Anita G. Post, otherwise known as Anita q.
Porter, against George NJ Lynch, In tho Superior
Court The complainant states that on The goth OF
August, 1876 at No 9ls Broadway, the plaintiff de-
lvored to the defendant cluster diamond ring. valued
At $500, pledge to secure loan OF 500, the de-
fcndnt exacng interest at the rate Of l20 per cent
per annum that the 10Th day OF September fol-
lowing she pledged diamond ring, valued at S600 to
loan OF S192 50; that the Sh OF November
following she pledged other articles OF jewery, com
prising PAIR OF diamond earrings and cluster
diamond ring, Of the value OF not less than $780, TO
loan OF So 50 that on the 18th OF December
folio wing she pledged came's hair shawl, valued at
10 secure loan OF $lO that on the l7th oi Janu
ary 1871 she pledged gold watch and cham, valued
n $500, for loan OF 500; that on the 10Th OF March
following she pledged dress, an opera cloak, certain
valuable laces and pair Of opera glasses. OF the ag
ana the same day pledged three other dresses ono
sealskin sacque muf one opera cloak and certain
loan Of $3.50 so, and that on the 27n OF June she
pledged grand piano valued at 5000 to loan
advanced by The defendant Is Sgss 80, and that be-
tween the period OF 29th OF August 1876 and the
27tn OF June, 1877 she paid SS4l 45 by Of in
tercst, ana that owing to her needy and scanty
sources she has at times but moro especially OF atc
been unable to meet the demand Ids. oil defendants Tor
the ten per cent monthly interest upon the loans,
and, owing to her default in portion OF the interest,"
the defendant Is about to sell all OF the articles
pledged 10 him. She says the aggregated value
Of the properly pledged $4,000, and nat the exces
Bve interest exacted Tor tho comparatively small
loan Is usurious and contrary TO the statute.
She thcreupon demands Judgment against Lynch tor
the recovery OF the goods, tho sum OF - 900.
The complaint em6odying the above facts was mado
SPECIAL Term OF the Supreme Court, and upon such
allegations an order was wanted 10 show cause why
Of the properly should not be appointed and
also an order enioning any disposition OF the same.
Lynch his states that the goods and
property were sold to him without any promise 10
redeem the TO repay the purchase money, and
that tney were at his absolute rlsk and he paid all
they were worth. Judge Sedgwick, before whom tho
motion for receiver was made, rendered a decision
to-day denying the motion. THIS decision does not,
however, prevent the being brought to trial. whom
y probable that something moro han Is at present
diamond brokers' establishments
WHAT is AN EXISTING FACT.
Application made yesterday to Judges Davis
Brady aud Ingalls,, at the General Term Of tho Su
r. y.
discharge from State Prison OF u convict named Carl
Lesser, undergoing an Imprisonment Of two years,
upon conviction for false pretences in tho Court OF
General Sessions at the last October Term con-
viction, as Is claimed, having been illegal. 1t sp-
poared upon the trial that upon the 9th of last Au
gust Lesser, in company with ono CHARLES Melville,
visited the fancy jewery store Of Zetta Geroges
that they asked for tho husband OF the lady and
told to call again the evening; that Lessor arrived
time. but said that Melville (who, he stated, do
sired to purchase goods) had gone the thea
tire; that appointment made for tho DAY fol-
lowing that both Lesser Melville mado their ap
pearance tho store agreed upon; that
goods amounting in valuo s255 woro pur-
chased; that in payment Melville gave a check
on the Chemical Bank, signed by A. +.
Steenbach Tor the amount; that Lesser who had
vile to be merchant having places OF business in
New YORK and Philadelphia, and also that the check,
which was dated DAY ahead, gooa. The check
turned out TO be worthless such person Sleen-
bach ever having account IN the Chemical Bank.
AZ the close OF the trial Mr. Kintzlng
10 direct the jury TO acqu the ground that tho
charge ol ialse prclences had not been established
there being false representation OF existing TACT
Judge Gildersleeve, who presided. refused and
viction followed. Upon the argument yesterday Mr..
kintzng SAID the Court below erred IN refusing to
direct The jury acqut In order to constitute the
crime OF obtaining property by false pretcnces two
things, he insisted, arc essential to be proved;
FIRST, false representation as 10 u past
that representation as true. No principle Of law, ho
contendsd is better settled than that ho false pre-
sence must be OF some present existing fact, and
Of some iuture event or mere premise. The check
given Tor the jewelry was post dated IL was to be
hOnored the day following It's delivery. Such
ence referrbie TO Iuture event and In the
oil promise that the cneck should be paid 1t Is
pretenco OF an existing TACT IL Is promise ana
pretence. In order to convict there DC a least
direct and positive false assertion TO some exist
ing matter by which the victim Is induced to part
with his money or his properly. Any false repre-
Btntation complained o. whicn Is promiss0ry in its
nature, has never been held TO be the foundation OF
CRIMINAL charge. check to be paid in ''tuturc" Is
nothtug more than promise to pay. A poet
dated check implies luture payment IL
cannot be claimed, although the check turned
out to be worthless, To bo false repre-
sentation 10 existing fnct. Had the check been
dated At tho tmo OF the delivery OF tho jewelry and
found worthless there would been u false repre-
sentalion oil existing iact, because there was no
money In the bank at the time. Mr.. Kintzing's ar
gumcnt, drawn out to considerable further length,
was botn interesting ana Ingenious and IN conclusion
he asked the release OF tho convict District Attorney
Phelps, who represented tho people, contended that
.IOerror nad been committed upon the trial that tho
jewclry was sold for cash that no credit was agreed
upon or contemplated; that tho presentation OF a
check upon purchase OF goods Tor cash amounts to
representation mat Us u good anu valid order for
the sum namod and that such sum Is ON deposit at
the bank TO meet It. Tho Court, alter bearing cour
sci, reserved It's decision.