The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-23
An OLD ELECTION DEBT
How JustIce Ka-uIre Promised TO Reward
Ills Friend, Jacob Messer.

Before Justice Goepp, In the Marine Court,
Yesterday. there came up suit brought by
John NJ. Schmidt proprietor OF the Gormania
Assembly Rooms against Jacob Messer. OK
member Of the Assembly, for tho recovery of
certain moneys alleged to have been loaned as
long ago as the latter part OF 1873 and the car
licr portion OF 1874. Unusual interest attached
to the case from the fact that. as n side issue. 1t
was expected to bring out the true inwardness
OF the appointment OF Justice Kasmiro to the
bench OF Police Magistrates.
Mr.. Schmidt testified: Mr.. Messer asked me
to loan him some money. and did. l loaned
him somo In November. 1873 somo in Dcccm-
Der OF that year, some in January. 1874. and
some in the succeeding January. February.
and think. in April. in Nil over s400. His
brother paid mo 800. but he never repaid me
anything. not n penny. When demanded It
the last timo he said the money was paid al
ready. but Ms never received n cent from him
or anybody but that 800, thought would let
tho court know about IT, Justice kAsmire mover
asked mo To loan him any money or promissd
e pny mo any money loaned by mo to Mr..
Odd you know. ut that timo. OF any nr.
rangoment by which Mr.. Messcr was To rcnder
| service to MIR. Kasmire for which Mr.. Kasmirc
| ent. hut heard them talk about those matters ;
| but could not swear to it,.
| Q-You heard them tsit about what2 A.
| About some position TO which Mr.. kasmire was
| Q-Was not the conversation you heard TO tho
| effect that Mr. Kasmire should get the position
| OF Police Justice. and that MIR. Messer should
aid him IN procuring it lOhjcctcd to; ObIec-
| ton sustained, and exception taken. Tho ques-
| ton was asked several times. in different ways.
| with the same result each time.l
Q.-Was not the conversation to the effect
that Mr. Kasmire undertook 10 pay Mr. Messer
| n sum not exceeding $500. including this sum
which had been advanced by you. and that no
| further undertook, In case he secured the pO-
| sition OF Police Justice. TO pay Mr. Messer a
monthly sum Of sl25? lobiectod to. ruled out.
Jacob Mcsser. defendant. testified: borrowed
| the money from MIR. Schmidt on the promise
that. either. would pay him or he would be re-
paid by Mr.. Kasmre. Tne money was to pay
! the expenses OF my canvass whom ran for tho
Assembly. | think / got i after the election;
IT, had known Mr. Kasmre then about
TWENTY-FIVE years: and was In the habit OF meet &c,
ing him every y day at the place then kept by Mr.
Odd you attempt to do anything toward
br29curlng Justice ,n, k,asmire tho appointment oI
Ibid you make any agreement with Mr.
loaned 70 you by Mr.. schmidt and also 10 pay
you stipulated sum per month II he was ap
pointed Police Justicef Ruled out
Q.-Eas Mr.. ,kasmiro ever paid YOU ani
Odd You ever apply to Mr. Knsmre to pa,
this money obtained by you from Mr. schmidt
Q-What did ho say? Ruled ou,.l
Odd Mr. kasmire say that Mr.. schmidt hat
Deen palu IN lull bS MN OF any ohc 7 khulct
outl
Q.-Did you over apply to Mr.. Kasmirc t,
carry out thctcrms OF any agreement made with
him I'm reference - the payment Of this mOncl
| 10 Mr.. schmidt Ruled ouLl
Q.-Did Mr.. Schmidt know of the arrange
ment made between YOU and Mr. Kasmire b'
which this money was to be repaid 10y him A
He did. He knew II from me and from Capt
Sebcrt. / told him personally. Mr.. kasmir
countenanced il. aud think Mr. schmidt knew
he was willing To pay IL when lac earned IT,
| EX-Capt Jacob Sebert tcstihel: was pres
ent during the latter part OF 1873 and the carll
| part OF 1874 at interviews between Mr.. kasmirc
Mr.. Mcsser. and Mr.. Schmidt / refuse TO an
swcr questions about them unless the Court re
quires IL. THE Court did require it, | wa
| present at a great many meetings we had II
| July, 1878. at 10 stanton street. Al those mect
| ings the payment OF the money loaned by Mr.
| Schmidt 10 Mr. Messer was discussed. Mr.. kas
mire promised 10 pay Mr.. Messcr $500 tOwar
| his election expenses and $3.50 mouth unit
| ks (Mcsserl got something To- DO Mr.. Messe
| thoreupou said he would ho satisfied with tl25
That conversation was in May or June. 1873.
think. aud was to pay Mr. Messer's election eX
leuScs.
Q.-What was Mr. Messer 10 do In consldcra
ton ~ the payment OF this money! Ruled out
Q.-DO you know n il was known by Mt
Schmidt that Mr. kasmire WAS 10 pay thi
money! A.-Ics. sir. think SO.
Justice kasmrc. upon being called 10 IN
stand. denied the existence OF any such agree
ment ~ that reierred 10.
Tho Court rendered judgment for tho plain
| TN for til0l9 in nlutiuE Interest,