The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-25
THE COURTS.
An Amateur Detectives Story Fails to
Obtain Judicial Credence.
ROLAND FOR AN OLIVER.
Criminal Cases Argued on Appeal at
General Term.

froviOuS
saloon keeper, bad commercial dealings with John d.
r. Schroederer. some Of which II Is claimed on the
part Ebling not entirely satisfactory to him.
In the carly part Of Schroederer solicited
Ebling TO purchase some cigars iptimatng, as Eolng
SAYS that they were smugged Havanas and would be
sold under price. The purchase OF quantity was
agreed upon, the goods delivered and check gwen
for SIG drawn by j. W. B. Keith On the Island CITY
Bank dated one day ahead When tho check was
presented II found to be worthless, no such per-
son ever having had account In tho bank. Schroe-
derer took proceedings against Eo'ng concern
ing the check ana the latter invoked the authority
Of the United States against the former for snug
Cling The prosecution against Schroederer has been
allowed TO Sleep but his prosecution OF Ebling came
mn In tho Marine Court yesterday, before ChefJ Justice
Shea aud jury In the form of suit 10 recover $l25,
IN which amount II Is claimed by Schroederer bc was
damaged by the fraud practiced upon MN by Ebng
IN giving bogus check Tor hts goods The parties to
the suit testified each In his own behalf and differed
widely IN their respective statements OF fact Tho
story OF substance that he had sold
20 Eblng cigars and got paid the bogus check
already mentioned. He did not inform Ebling that
tne cigars were struggled Those no sold, he SAID,
were domestic cigars aud bore the government rev.
cnue stamp, whe tho two boxes which were produced
rs evidence against him (Schroedercr) before the
United states Commissioner bore no revenue stamp
aud were no part OF the cigars sold The number OF
cigars brought he Custom House was but 800 and
wero subsequently sold at auction Tor $74 esory,
rs told IN his own defence by Ebng, was IN sub
ytancc that Schroederer had not pleased him IN
some business transactions previously. When he
TO offer these cigars Tor sale Schroedercr ad-
united that they were struggled, ana partly IN re-
venge aud partly from q sense oil duty us citizen no
determined 10 complete the bargain and inform the
Custom House authorities He ala INFORM some OF
enc officers, he said, and Ia conformity With an I'M
dcrstanding with lhem, proceeded 10 act. lie hrst
devised a name 10 be signed TO tho bogus check ana
then consulted the Guy Directory 10 assure himself
ShaI he not signing tue name Of any real person.
He dated the check day ahead 80 That the onccrs
might have opportunity to arrange Tor the capture
OF Scnroederer. When Schroedcrcr and his oficcr
appeared IN proceedings concerning the check no
asked the officer 10 detain Schroedercr until he
could send Tor officer TO arrest him tor
see schroedercr put" Schrocdercr was subsequently
arrested in Barclay street by United States Deputy
Marshal under his guidance. He further stated that
the cigars LETT his place by scnroederer bore no
internal stamps and mat the Identical CIGARS
all Vi them, were delivered 70 tho Custom house
authorizes. Deputy surveyor Kink testified 10 hsv-
,ng cigars the 10TH OF October 1875, and
that there but 900 OF them; he could not swear
positively that they were imported CIGARS ana al
though he understood there were some experts VINO
claimed to be able to distinguish between the domestic
and por ted article he knew OF no one who could
swear to absolute certainty that point In submit
ting the TO the jury Chief Justice Shea charged
thcm tnat II they believed the story oil paintln That
the cigars he sold TO tho defendant were not struggled
and bore tho government stamp and that those
sampled before the Uuited States Commissioner were
the they would nave right 10 find Tor plain
I'M, but II they beloved ~ the cigars SOLD by PLAIN
TIL sold In violation OF law, being smuggied and
unstaInped, their vcrct be for tho deten danI
The jury found in favor Of paihiiH Tor $l25, the
amount claimed