Smyrna times., 1886-04-21
Alleged Attemnt at Fraud.

A
Budd on Monday of Il case wherein an
attempt at fraud was charged, which
interested directly some twenty or
more of our farmers, and indirectly
the whole farming community. The
case briefly stated, as it came out in
the evidence at the trial, is as follows
A certain J. H. Ostrander, who halls
from ElktOn, Md, and represented
himself to be connected with Hopes,
Brother & Thomas, of the Maple
Avenue Nurseries, Westchester, Pa,
came here and made arrangements
with Geo. F. Brown, of this town, and
John Price, of Bombay Hook, to act as
agents for him. They did so, and must
have sold a good many thousand trees,
as the commissions of the first named
amounted to 500 and the last 5000.
Some three or four weeks ago Charles
Frazier made an arrangement with
Hopes, Brother & Thomas land so adj
vertised in the Tines for the agency
of their nurseries for this section, when
he found that the two men above
named were selling stock as the pro-
duct of the above nurseries. Mr.. Fra
zier was restricted to a few varieties
because the others had been exhausted,
but Mr.. Ostrander, it was found
through his agents representing the
same nurseries would engage to fill
any variety desired. Mr.. Frazier, of
course informed the Westchester firm
what was going on and they forthwith
sent small posters stating that Geo. F.
Brown was not selling trees for them,
Mr.. Prices name not appearing on the
bill because he had found something
was wrong and went to Westchester
himself to see the members of the firm
in person. Mr.. Price finding that he
had been unwittingly made a party to
what heibelieVed to be an attempt at
fraud on cOnfiding farmers, immediate
ly set to work to undo the mischief as
far as he could, by notifying the farm
ers and advising them not to take the
| stock. Monday was the day appointed
for the delivery, the trees, or two car
loads of them having come down on
Saturday night. Mr.. Ostrander was
duly on hand, but instead of delivering
the trees was himself delivered by con-
stable Weldon at the Magistrates office
above named on a warrant issued at
the instance of Mr.. Price on charge
of fraud.
-Four of the twenty witnesses were
present, r. Rawley, r. w. Lavender,
b. f. G. Rothwell and J. l.. Cavender,
were sworn and testified that they had
bought their stock with the under
standing that it came from the nurser-
les Of Hopes, Brother & Thomas, and
Mr.. Price testified that on taking the
agency Ostrander represented to him
that he was one of the firm named
above but found that Ostrander is not
one of said firm nor is he agent for
them but is, as he believes, supplying
the orders from the refuse stock of var
iOus other nurseries. The peach trees
were believed to be only of two or three
kinds, such as the Beatrice, Alexander
and Hale, from which any variety call
ed for would be supplied.
The evidence seemed to be so strong
against Ostrander for intentional fraud
that he was put under bail of $3.50, and
it was not until after a considerable de-
lay and he was about being conveyed
to Jail that Barney DOnnelly farmer
of Blackbird hundred volunteered tC
go his bail for his appearance at Court
next week. Mr.. OstTander denied the
statements of his agents, was very sell
possessed through it all, and cOolly no
titled the gentlemen that had giver
their orders that he should have nC
trouble about it that he would make
them pay for them all the same wheth
er they took them from the depot OF
or not. 1t is stated that he has Oeer
at this business for years, that he did
at first a square business, but that hi
success as a salesman, having pleas
and insinuating address, had turned
his head, and made him unscrupulou
in methods in getting money.
Mr.. Price has won the confidence O
the people in his efforts in arresting fO
their benefit what he believed to be
great fraud, and manifested courage
in taking a vigorous hold of the Law
! that not all possess. Besides his com
mission he will be out of pocket som,
! fifty dollars for expenses incurred.
these trees were of one or two kind
and they the least desirable as believed
I but labled the better varieties as they
2 might be called for, it would have beer
an injury and an objectionable wrOni
to the farmers thus deceived. The or
der of one of them, Mr. ROthwell wa
for between 1000 and 5000 trees. The,
will lose a year but be very fortunat
J in this if thereby they have escape'
! having all their trees in one or two un
! disirable varieties. 1t is stated tina
! Messrs. Hopes, Brother & Thoma
! will take a hand at Mr.. Ostrande
! when the present suit is through with
! A strong pressure was brought T.
4 bear on Mr. Rothwell yesterday to tax
. the trees bought for him, Mr.. Ostran
; der assuring him that they wer
obtained from the Morris Nurseries
/; West Chester. Mr.. Rothwell hOweve
: decided to first telegraph the proprie
i tors if such was the case and receives
> an answer late in the afternoon tina
the stock was not obtained from then
I and that they did not know Nh
! Ostrander. Two or three of the pan
ties have we hear, taken the trees tina
. came for them from the dpDOt