Wichita eagle., 1888-12-07
THE LINDAUER AFFAIR.
The Chicago Failure Still Subject of
Legal Interest.

|
with the now famous tin box Of Lindaue
Brothers & Co., in the custom of tn
county court. The attorney told Johl
Dwyer, the bailiff in the county court
that some one had been looking in tn
box. Inasmuch as the box was il
the vault of the court room, an,
Dwyer was the only person VIII,
knew the combination OF the vault. Dwye
Indignantly denied it. Newman reiterat
| ed his assertion. but refused then to tel
how he knew that tampering had taker
place Dwyer reported the matter to Judge
Prendergast who asked Newman what h,
knew of it, when the lawyers were al
present on an application to have Judg,
Prendergast continue his hearing unit
that before Judge Tuley was ended.
Newman changed color and said: %
will reach that by and by"
Il want to know about it now" said the
county Judge
Il most respectfully decline to say any
thing about it at the present time" per-
sisted Newman.
Judge Prendegast picked up the gaunt-
I let thus thrown down by the lawyer and
ordered Dwyer sworn. The balllff re
peated under oath his conversation with
| Newman. Then turning to Newman. the
| judge said:
1.-The court requests you 10 state what
knowledge you have of any person look
| ing into or tamperipg with that box"
Il most respectfully decline to speak
| upon the subject" again answered New
| man.
do you deny that you made that state
ment to the bailitf -
Il must again respectfully decline at
this stage to state
The judge appealed to Lawyer Krans,
the opponent Of Lawyer Newman, to know
| what course ought to be pursued. krans
said that Newman ought to be sworn.
Swear Jacob Newman" said the judge;
come forward sir. and be sworn"
Lawyer Newman remained where he
was, and said, with tightly clenched teeth,
and a pale face:
Il most respectfully refuse to be sworn
in the matter, and do it with the utmost
respect to the court"
The judge was very cool and deliberate
as he said to the clerk:
Let an order enter directing the issue
on Jacob Newman to show cause instanter
why he should not be attached and impris-
oned for contempt"
Then turning to Newman. the judge ask
ed what he had to say to that ,ule.
II will respectfully ask time to retain
counsel" said Newman.
The court then allowed him to go ON his
own recognizance until 10 a. m. Friday.
The judge wanted to know before the law
yer left If he would be present as required
by the court.
IF your honor will give me time to do
so,' answered Newman. Il do this with
respect TO this court
Il don't care anything about your inten
tions," the young Judge answered harshly.
Neither your intentions nor mine cut
any figure at this juncture."
Then the judge showed that he was hurt
by the proceedings before Judge Tuley by
saying that he fixed the time for the an
swer to the rule at 10 a. m. tomorrow, be-
cause he presumed Mr. Newman was en-
gagged lin the other proceedings, or al
legged proceedings" meaning the applica-
ton for writ of prohibition before Judges
Tuley and Horton. The court fixed the
time for resuming the Lindauer case at p.
IN. Friday, ignoring the possibility of his
not being allowed to proceed in that mat
ter by the writ of prohibition now being
asked for
After the lawyers had departed the
judge sent for the clerk of the court, told
him what had transpired and ordered him
to take the box out of the court room
vault, seal it with wax and place it in the
safest receptacle in his office. Before this
was done, however, he directed Bailiff
Dwyer to examine the vault and the box
for any outward sign of tampering The
bailitf reporter that there was none visible
to the naked eve.
In Judge Tuley's court little of interest
was developed the question of jurisdic-
ton OF the county court in the Lindauer
failure When court Opened Attorney
Moses read an amendment petition on be
half of Lindauer Bros. & Co. for an order
OF prohibition against the county court to
restrain it from proceeding further in the
case. The amended petition stated that
after Judge Prendergast had been notified
NJ
issued Monday, he declared from the
bench that if any one attempted to serve
the rule on him in open court he would
punish him for contempt. He then pro-
ceeded, it was alleged, to hasty adjudi-
cation and the appointment of an as
signee. Mr.. Moses then proceeded to dis
cuss Judge Prendergast's summary
method of procedure.
At the conclusion of Mr.. Moses remarks
Mr.. Stein followed and he had not finished
when adjournment was had.
In order to take the Lindauer property
entirely ont of the county court and have
it adjudicated by the circuit, Lindauer
Bros. * Co. s attorneys filed bill this az
ternOOn in behalf of Mayer +. Lindauer |
against Benjamin and Seligman Lindauer
and Aaron ROsenblatt for dissolution of
the partnership of Iindauer Bros. q CO. |
The bill reviews all the proceedings which |
have taken place in the failure up to the |
present time. Llndauer's attorney went be !
fore Judge Horton. and the court extended |
the receivership of Bernard kuppenheimer /
so as to cover the suit of Lindauer & Co. |
VS.. Lindauer. The receiver will take all |
the assets OF the firm. This step will /
come in advantageOusly in case Judge /
Tuley decides that Judge Rrendergast has |
in the Lindauer case. If the /
county court then resumes Jurisdiction it /
will have absolutely nothing to admins |
er on, as the receiver of the circuit court |
will be in charge.
THE LAW SUCCESSFULLY DEFlED.