Evening journal., 1893-05-20
TOPKIS AND HIS |. 0. U.
SAMUEL sLEsslNeER DlscLAlMs ALL
FRAUD.

Goods and Money Loaned-He Only
Confessed Judgment when sIessinger
Threatened to Bring Suit.
William shuster was the first witness
call in the Topks case this morning.
his evidence did not materially change
the aspect Of affairs.
Samuel Slessinger followed him. He
refused to be sworn on the Christian
Bible or the Five Books Of Noses He
said he had conscientious scruples.
Mr.. Bird told the court that he did not
think it right, as Slessinger admitted
that he had taken an oath before, but he
made up his mind since that It was
wrong to do so.
Chief Justice Lore asked Slessinger:
'Do you consider this affirmation the
most solemn oath that you can take as
witness and one most binding on your
conscienceG'
Slessinger said that he did. He did
not believe in the Jewish faitl. This
was thought strange, as he was born
a Jew.
Prothonotary Horty then administered
the affirmation and slessinger was
sworn. He said:
81 have had business re lations with
Topkis for about six years. | first be-
gan to loan him money about year
after he began TO deal with me. let
him have as high as $75 at a times
After ne went TO New Castle he con.
tinued to buy goods and borrow money
from me. In the fall of 1891 he owed
me $l9 II was mostly for loaned
money, the rest was for goods sold The
largest sum | ever loaned him at one time
was from $50 to 5000"
Mr.. Elliott presented ledger and
proposed to offer it in evidence
Messrs. Cooper and Bird objected.
Mr.. Bird said that every memorandum
was an item of cash with the exception
of two. In behalf Of his colleagues he
consented to allow the book to 20 in
evidence for what it was worth and sub
iect to criticism.
Slesslnger then took the book, re-
freshed his memory, and testified to the
items Of loan and purchase and the pa
ments made; also the notes given by
Topkis, one being for six months for
81 060.
Il had confidence in Topkis. When
he was in need | loaned him money and
gave him credit / demanded my money.
He promised to pay me He did not do
it. | told him ! would bring suit He
gave me Judgment and / had it entered
at the Court House. Every cent
of money was honestly due me. re-
turned his notes after the judgment was
entered. / had nothing to do with the
waiver of time for the sheriff's sale. At
the sale there were so few bidders that
l had to bid to get my money. The
goods only brought about one third Of
hafr hn I 4. 4
81 $40 OF worth. / engaged Top.
kis for $40 a week and S
per cent. commission to sell the goods for
me. The agreement was in writing, and
here it is. | also rented the store from
him until the expiration of his lease. for
IS month. l did not know what debts
Topkis owed in Philadelphia had no
arrangements with TOpkis other than a
fair, square understanding that If he
didn't secure me my money | would sue
him.
Mr. Bird wanted to show that Sles.inger
had failed, that the list of loans was
cooked up for the trial and that Sles-
singer was not able to make the loans.
Under Levi G. Birds cross-fre of ques-
tions Slessinger admitted that he was
maker and not loser by Topkis's fail
ure as he got three times the worth Of
the goods for his money at the sheriffs
sale.
Mr. Elliott objected, but was over
ruled.
Slessinger then testified that he made a
settlement with all his creditors in
January 1890 The first loan to Topkis
was October 13, 1890
Mr. Bird then required him to take
his ledger and show other items Of cash
loan He pointed out one for 500, in
the first part of the book, twelve for
Topkis and then he Aunked.
Mr.. Bird took the book from the wit
ness and asked that no one be allowed to
have it but counsel.
The ruling was made and court took a
recess.
Max Liveright, Denny Smith, Mrs.. |
Roth, Sheriff Gould, ex Sheriff William
Simmons and w w. Pritchett testified
yesterday afternoon in the case of Sles-
inger VS.. Topkis. The testimony went
to show that the confessed judgments
we're fraudulent.