The New York herald., 1878-03-29
THE COURTS.
A Grccer's Credulity Brings
Him to Grief.
ALLEGED ASSIGNMENT FRAUD.
Tioub.es OF Bride in Paying Her We'd
ding Expenses.
} ASSIGNMENT FRAUD.

August Etzel, who was formerly German grocer In
hudson street, brought against John aud FRANK
Byrne, the trial o! which was concluded yesterday,
before Judge Scdgwlck, the Superior Court. The
facts OF the case, shown the Testimony,
what peculiar. II would appear from thd testimony
OF the plaintiff, VINO was the hrst witness called,
tha. one evening in March, 1873 whom lie was IN Tho
grocery business, customer OF his brought
John Byrne 10 his store and introduced him. Tho
latter said he wanted to buy grocery store
Tor his brother, and inquired OF Etzol whether
he would SELL No purchase was ar
subsequently the two Byrue brothors came again 10
piantns store, aud, alter conversation finally
,usstcd cash, Dut the by stated that lncy had
something better than cash that tney mad railroad
bonds OF the Springfield and Illinois Southeastern u
Railway Company, ANA would give nm iour OF sucn
ouuds Tor his store, aud that The bonds were for 900
each. and both principal and ,nterost were yaoe
gold ut tue Farmers Loan ana Trust Company thus
city. They showed him prospectus vf the road aud
used every effort 10 induce hm to accept tho bonds
Tho piaihtn however sti nesitated and with intent
10 remove any lingering doubts no might have
ON the subject he says they to0k him 10 au oileo in
Pine streo', where they Introduced n'm 10 gray.
haired man whom thoy represented 20 be the v.ce
presiaenl oi tho road Tue latter gownaly described
tue benefits liable 10 accrue 10 The paintin from tho
Investment, and tho AR OF rospectaDiy which sur
rounded tne whole atar finally removed The last
maiuing DOUBT ana the paintin took our OF tho
bonds iof his store. After he had taken the four
bonds John Byrnc told him tuat they had SIX bonds
could not break them, aud since required 81 QUO
more 10 complete their stock, Ac should givo them
that amount Ia casn and lake the bonds. THIS the
piainiln did and tho bargain was completed. About
two weeks after tins trabscr the defendants sold out
the store AT auction and went away. Tho PLAIN.
un's susp'cons belug aroused, he went 70 The
oihes oi the Farmers Loan and Trust Company
~b.re he discovered that NO inerest had ever boon
paid on the bonds. and nrthor, that the bonds were
wsv, nissr Nc also mado an examination at the office
IA fine siree,, When LIE discovered that tho gray
haired man had gona Some tiin0 AftorwArd h0 had
Jons Byrn- arrested The defendants claimed that
she uansAeson Sas IN good aith ana that their state
neats IN reiercnco 70 the bonds were true, but that
the same became valuooss alter the transfer
count oI the Bankruptcy OF the road. The jury found
. avsraies ior sS.Jo3 'or the plaintiff.
ALLEGED FRAUD IN ASSIGNMENTS.
La 1874 James W. Brelt being, as alleged, heavily
10 debt, with Judgments against him. had certain prop
ery Flushing conveyed 10 hts w'ic IL was subso-
aacnsiy nortgagcd Tor $40 900 by Brett wife,
snsrwara tho properly was conveyed 10 Edward @.
Berrian. subjec. " the mortgages At that time Mr.
berrlan owned house and lot NJ wh,tesone, L. l. In
octobcr 1870 proceedings instituted forocloss
me mortgages on the Flushing properly and Berrian
~ the same time executed ~ bis fathern- n-aw Car.
enos Ogden. mortgage OF $4,000 on tho whltestone
property aud one oi $500 ON the furniture OF his
Dou&, No. - West twenty fourth street, Ia tnis
eny dencenty judgment was dpckotcd against
Bsrrian on the foreclosure aud on supplement. I.
afy proceedings Bcrren swore that tho moneys
ior which he nad gwen Tho mortgages to Ogden wore
lssi teshed tbat lao had advanced the money 10 Nj.
Bcirian 10 enable hun to buiid his house NJ White
stone, IN 1871, bui had omitted until tno month o
octoDer 1916 10 take any security Ior such advances
Oa tne sth OF February last verdict was obtained
ssninst Osucn by Ncssra Mcintyre ana Gawtry i0I
s5oo. Execution being returned unsatisusd Ogden
~ss again examined IN suppcmeutary proccc dings
aud, to Tue aston,shmont oi Mcssrs GawJry ana Nc
Int. re, testified that on tue same day tho vcrdic
against him had 0cou renucrcd no had assigned thS
mortgages quesiion TO hrs Vile, Philomena Ogden
that Tue moneys had la iact belonged to her, bu
tnas tho reason hc look the mortgages In his nam'
vas tnst ne did not want " hamper hor witl
tbs business. Edward Y. bsrrian, his wue Dora Ber
Clarence Ogden, McssrS sloane, tho carpet men; Sy
pher, acaies IN furniture, to whom Mrs. Carcncs
ogden is indebted were examined most rigidly BY
henrv "a. horanse, counsel ivr Gawtry and Mcintyre
Az application on tue testimony taken tor order
corupo,Dg Ciafeuoe Ogden aud vile 10 execute as
sghmont oi tnese mortgages 10 receiver Tor the pur
pose Of having the sold aud the proceeds applied
~ the payment oi the Judgment was made yesterday
before Juage Lnwtcnce, and opposed by Mr. Saudl0rd
lor the OxdsnA Judge lawrence took lne papers