National Republican., 1884-08-15
DISTRICT DEBTORS DISCUSSED.



ElSeman's Creditors Appeal.
The case Of Moses +. Elscmun, the clothicr,
underO1d Fellows hall was heard before Judge
Wylie in chambers yesterday ON the motion to
quash the attachment in The suits of Stern
Bros. and Falk for l,IS2SS, the Rosenberg
Manufacturing company for $3.50, and Alfred
Benjamin Il Co. for 81 ,OJ7.iO being suits brought
to recover an open account for goods sold and
delivered The motion was based upon the
ground that the writwa inprovidcntly issued,
irregular, did not set forth good grounds for
granting. and that the afIidavits were INSULT
cent, incorrect rs to facts. and that of Swccn
Mcdonald was untrue and made for revenge
MessrSs Leon Tobrincr and A. c. Bradley ap-
penrcd for the motion. and Mr. " II. Miller
against IT, The latter claimed that he could
not be called upon at TINT time TO appear, rs
the course directed by the statute had not been
pursued, and the cases were not properly be.
fore tho Judge for hearing.
Judge Wyliu concluded to hear the papers
read before deciding the point. and the motion
in the case of Alfred Benjamin IL Co. and the
When MrgMule%r % had % finished dVi reading sdTG thc hV
declaration nlhacCOmpanying ailiduvits, Mr.
TOhriner read the affidavit of Mr. EiScmnn in
reply and then starred to read other ailldavits
Of the clerks and employees, which dCuicd the
truth Of the statement made by Mcdonald.
Judge Wylie examined the statute. and con-
cludc1 the defendant had pursued the proper
course and replied by alfi1avit, and, further,
that the affidavit presented with the declara-
tion had been denied.
Mr., Miller claimed TINT he had the right to
examine witnesses, AMI asserted that some Of
them on cross-eNamuatiOn would deny the
statements they had made In their ailidayits
lie had a bundle Of aiiidavits which, If per.
mittcd to be read would show that some Of
these same atlantis had voluntarily made state
mcnts contradicting those set out in their aili-
duyis.
Judge. wylic snld there was no law permit.
ting their reception.
Mr.. lamcs :. Edwards asked the attention Of
thGI Judge for few minutes. He said that he
did not appear In the present case, but In
another against Mr.. Eiseman III which nm at
tnchincnt had been issued but no motion to
quG'h illed. He hoped the judge would take q
course to protect the business men of this com
munty, He knew what had been the prac-
ticc, still hc thought that there should be
something done TO protect creditors.
Mr.. Miller said It had become notorious
mct all over the country that creditors could
easily be dciraudcd here while they should be
protected. He could show, II permitted. that
for the past eight months this party had been
preparing and working to cheat his creditors.
Parties had come to his house aud told him
matters which would abundantly sustain the
charge.
why did you not take their afIidavits Y'
asked th judge.
Mr. Miller saii he did not do so for the rea-
son that the parties resided here and got their
living here, and If the statements became
public tncy would operate against them retain
ing or securing employment lie then pro-
ccedcd TO read authorities to support his
position that issues bc joined and testimony
taken.
Judge wylie said that the affidavit of the
complainant followed the statute, except rs to
the removal of the goods from the district to
deiraud the creditors, and on that point IL was
based on information and belief, If the man
was removing goods, certainly there was some
one who knew Il, and Il was not intended that
mans business should be broken up by
creditor swearing to the best of his knowledge
and belief In that respect he thought the
affidavit was defective.
Judge Wylic said that It must be shown what
goods were removed, where, and when. lie
thought that the afiavits of the plaintiff and
McDOnuld were both deficient. ON the other
hand, the defendants affidavit was an nbso-
Lutte denial of the charges, and then he
traycr'ed the plaintiffs affidavit in language
more explicit and broader than that of the
plaintiff affidavit. Further, II was supported
by that of five clerks and employees of the
store. who not only showed that Mcdonald
LETT Eiseman in bad humOr, but threatened
TO have revenge. Under the circumstances
the court could not hesitate to say that the
prepondcrancc of evidence was with the de-
lendant. lie had never heard that II was
provcrbinl that this district was an asylum for
dcirallding creditors, and did not think it was
So He noticed when there was an epidemic
of fraud II did not first break out in this dis
trict, but started elsewhere. Where parties
Went from here TO New, York to purchase
goods 1t was the duty OF the vendor liz selling
goods to look at the purchasers credit. If he
chose -to tdkt~ chaices then that was
his own lookout and he must
take the responsibility. In obtaining payment
lie must Iukc chances with other creditors ex.
Cept in cases OF fraud, where the law pre-
scribcd course to take He could not come
down here under nm attachment, swear to the
best OF his knowledge and belief and break I'D
mans business. Before the law would give
attchments the crcditOrmuSt have proof which
could be relied upon. lie did not think II the
duty of judge to strain the law for the credi
tor before he obtained judgment. lie Was
satisfied that the attachment should not be
sustained, aud granted the motion to quash.
Mr. Miller said he was dcslrous of testing the
case III the general term, and would make an
appeal and give Il bond.
Judge Wylle said that he shonld rea,ire n
very heavy bond, for this course would break
up the mans business. He would, however,
hear the other cases before making a decision.
Mr.. Miller then read the declaration in the
cases OF the Rosenberg Manufacturing COM
pany and stern Bros. G Fall and accompany
ing aAtdavits; also aldavits to show that
contradictory statements had been made by
the clerks, Newmcycr and Oppenheim, whose
aniiavits accompany the defendants answer
to the charge.
Judge Wylle said that under the levy the
plainliii; hnd got all of the property and shut
up thc place. As the first levy was in the case
ofSteril Bros, and Fulk he should hold that a
bond of 5000 in that case must be given 81,
600 in the second and 81 900 In the third case.
Twenty days WAS given In which to file the
bond, and the motion to quash the attachment
in such case was granted. In case of failure
TO perfect thc appeal by filing the bond within
the prescribed time, Mr.. Eisenan will re.
gain possession Of the store and stock of goods;
otherwise, II remains In the custody OF the
marshal pending the hearing and decision on
the appeal.
Mr.. w. q. KLEISNoTH, La Porte, Blackhawk
county, Iowa states that he was cured of rheu-
Inattsm by tour applications of ST. Jacobs Oil,