The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-31
GENERAL SESSIONS-PART 1.
Before Judge Sutherland.

ALLEGED FALSE PRETENCEs.
A trial OF peculiar interest to the mercantile CON-
munty was commenced yesterday, and In anticipa-
ton OF the singular developments to be made the
court room was crowded by numerous merchants and
others interested In the result OF tho There
called TO tho bar Laser Shulman and Isaac EGdel-
stein, the Indictment which they were arraigned
charging them with Obtaining goods under false pro-
fences from tho house Of Messrs II. b Claain l. Co.
Assistant District Attorney Horace Russell and ex-
Assistant District Attorney Michael Nolan counsel for
H. B. Cadin Co., appeared for the prosecution, and
Mr. John Mott defended the prisoner. Mr.. Russell
on opening the case, drew picture OF the meeting
OF two men in this city who had been
acquainted in a foreign land. One had been In New
Orleans and said that he had prospered in business;
tho other said the times had COMO very hard with
him, but nevertheless exultingy exclaimed, "Havc
you heard my brother Isaacf" aud before wait
ing for reply added, "He has made two magnificent
failures In Chjcago and Is doing business there In
MS wife's name" Mr. Russell believed that tho
prisoners trial we're OF that class OF persona Had
they been engaged 10 IN honest business or indeed,
frauded Messrs. II. Is. Clafn & Co. The merchants
oil New York were ever noted Tor their willingness
assist their fellow merchants whether oil small or
large business dealings, who met with misfortune;
but IN this case, II there was the slightest reason to
imagine that there had been honest failure the pros
ecuton would not be urged by men OF tho highest
standing IN the mercantile community. He would show
mat the uCtlOn OIL Tue prisoners was simple, pure
and naked iraud in contrast with which tnefts, rob-
berries and burgaries stood out browning virtues
II would appear that the defendants entertained the
notion that they must have goods and that the law
could not get grip upon them Tor securing prop
crty IN tho manner they did. The prisoners al tho
bar had been ia business as pedlers. Some three
four years ago they In the white goods In
Church street OF late they had dealt IN cloths and
clothing. The evidence. which showed that GU the
18th OF January, 1876, they selected quantity of
slmerc valued AT 1872 80, at tho house OF II. b.
Claim Co., aud requested credit OF
fur IN
following day they presented a statement OF
their financial CONDITION and on the succeeding DAY
set forth that they took stock on the % VI January
1876 and that tho amount was 50, $40; that thev had
that they haa in bank So 00U They further cIa 10 ed
that their liabilities were 3d. 900, all for merchandise
and mono past due; that their expenses 81, 600
their capital all their own money their sales $45 900
year aud their clear profit 600 Mr.. Russell pro-
posed to show that the amount OF bills alleged be
receivable was false and that they did not nave
$4,000 in BANK. Up to the latter end oil May, 1876,
Messrs. II. b. Clailn Co. continued to sell goods
the PRISONERS Al that time they owed Clafin 4 90
$780, One fine day the creditors OF Shuman L. Ed
dlestcin were rather startled by the announcement
that their store was IN tho hands of tho sheriff ana
that 1t had been literally cleaned OUT only low rem
nants being left behind, which ut the saic brought
5000 The tyranical creditor who obtained tho judg
ment was no other than the atherinlaw OF the pris-
oner Eddlcsten. He had brought for $780, aieg-
ing that he had note against Snulman l. Eddiestein
hard-hearted ialhorn-aw, was OF course on hand at
the SALE and the very man who bought the goods
celved MS money from MIN TO pay Tor them. Shul-
man Il EddlesteIn threw up their hands when IN
terrOgaIed by their creditors, and with batcd breath
exclaimed that they were ruined When questioned
As TO the reason why Oppcnhein had obtained judg.
ment against them they toarluly eJaculated, '.Alas
Oppenheim Is a cunning man." that they were will
ing to pay thirty cents the dollar, and tho cunning
heartless implacable father -in.law willing TO adj.
vance the money. When asked by Messrs. Ii. b. Cai.
lin ~ Co. Tor an explanation the defendants stated
that u man At Pittsburg had tailed and that ho wed
them $50, and that no had compromised
with them for iorty cents on the dollar; that
all tho loss they set forth. They revealed sud-
den calamity and had not suffered from a cohhagra-
ton. Dir. Russell went on to state accused
declined to show their books unless ordered by the
Court Subsequently an action was brought against
them, and when they were called upon produce
their books they said four little children
them. He (Mr. RusseII) thought that those who
destroyed the books werc very largo children almost
the OF Shulman Eddesteln. In q
word, they wero engaged In fraud as colos-
sal the nature OF their brains could conceive.
The merchants who were their creditors demanded
an honest explanation ana wero willing agree to
any tair percentage their bills aud give them q
clcar receipt. The irst witness called was Mr. w. ID.
NJ. Jordan, the assistant credt clerk the employ
OF Messrs. IL. Is Claflin Co., who gave evidence as
to the purchase OF the goods and the statements
mado by the prisoners There were also examined
Messrs. L. d. Adams, Andrew Kehoe and other en-
poyes OF Messrs. H. Is. Clafin Co., and the further
hearing OF tho case was adjourned until this