The evening world., 1893-10-07
WEBER'S LOST STORE.
Klein Accomplished His Scheme
by Perjury, Says Weber.
Weber's Notice Of Suit Was Eject.
ment Into the Street.
Never Heard OF the Man Who hps
pcared as Creditor.

TIdnh Nitll, u YEA SilcSIlil, vi ITO
Duane street, was arrested this morning
by officer McGufin. of the Jefferson
Market Police Court, on a warrant is
sued by Justice Koch, charging him with
perjury. He was taken to court and re-
manded for examination.
The complainant against Klein In
John Weber. owner of several tea stores
In this city. who alleges that Kleins
made IL false affidavit, which led to the
closing up OF his business.
Back OF Klein's arrest lies an inter-
esting story. Not only does 1t show that
either one side or the other has been
guilty Of gross perjury, but it demon-
strates how easy it is for n mans bust
ness to be broken up. his store and
stock to bc forcibly taken from him. even
without his knowledge. and by the aid Of
the law.
Weber. who is a young man. was mar
ried only n few months ago. At that
time he considered he was doing q fairly
prosperous business. save that, like 9TH
crs. he felt the stringcncy of the money
market. Even now there are hundreds
OF dollars outstanding. which he Is I'M
able To collect. His father was. in Ills
clcs. and on his death left considerable
property.
Young. Weber has boon in his present
place of business. Az Eighth avenue,
for over two years, but long before that
he was well known in the tea trade
having occupied other stores during the
pGst eight years. a fey months g
coffee of the Potter Parlin Company.
lI6 and iIS Duane street, accepting the
terms OF the wholesale house to pay the
amount ninety days after date. Weber
owes the wholesale house something less
than slOO, but under the ninety-day rule,
he says, this cannot be demanded for
some time.
on the afternoon of Sept. Is Weber
was surprised to see a couple of deputy
sheriffs walk into the store and take
possession under n writ OF attachment
city Court. Vt the same time he was
served with II in a suit
brought by Klein to recover .Si52.OS due
the Potter Parlin Company. 1t was the
first intimation Nchcr had that the
wholesale house contemplated bringing
suit. He had never heard of Klein In
his life. The deputy sheriif9 would not
allow Weber to carry on business. They
simply drove himself and his clerk,
Jacob Wolf, into the street and closed
vi the place.
Weber hasten,d to his lawyer, Ed:
mond Huerstol, OF 100 Broadway. and
the latter procured a copy OF the ntfi-
davit upon which Klein, had secured the
attachment. II is stated that the Potter
Parlin company had assigned to him
the claim against Weber.
Il called this morning at defendants
store" goes on the affidavit, and In
CURED for defendant was told that
he had not been there In two days. al
though l had seen him leave the store
through n rea. entrance. ! ran into the
street after him and demanded to know
what he meaLt by such Dnduct
Klein then goes on In his affidavit to
say, that wien Weber was thus held
up he saiI that he was afraid his cred
itors were getting ready to close him up.
He also thought they might arrest him:
He says that Weber admitted he could
to do whatever ne liked. He asked. ac-
cording to Klcin's affidavit, to be per-
mittei to re; ala open q little longer. SO
open a store in some other city:
Weber says he read all this with
arnazement. for he had never seen Klein
with him. He had no intention of run
ming away: or the. contrary. he was
seriously thinking OF disposlng OF prop
erty ir Elizabeth, n. j., worth $40, 0oo. so
as to enlarge his business here.
AS TO my running away from the
store through a rear entrance" said
Weber to an Evening World" reporter,
you can examine the place yourself.
There IL no back door of any kind %
the store"
Lawyer Hueratel at once embodied all
these denials in an affidavit. which Weber
swore to. ana or this an APPLICATION was
made to Justice FitZimons to vacate
the attachment. That was on Sept. n,
but In spite of the denials the motion
was denied without costs.
Weber then got an alHdavit from his
clerk, Jacob Wolf. as to the condition
Of the business. and the fact that there
was three times as much stock as would
meet all liabilities.
with reference to klein's visit. the
clerk says the former only called once
and then did not even leave his name.
In every other way he ~corroborates
Weber. The latter also secured an af.
sworr that 1t was he, not Klein, who
had suii thr goods to Weber.
ON these afidavits, an application was
Wyck for an order to show u why
the attachment should not be vacated
: II was heard on Sept. p. when an afti'
2 davit from Klein's lawyer. A. A. Joseph
was nut in. This pointed out that Weber
c|adcd III" question whether. or not HI
owed the amount stated and that the ap
plication was made for delay.
, In order that Weber might. reply e
: 80 o'clock next day to file an answering
affidavit He did nave an aindavit read,
by the time stated. but he says Judge
Van Wyck did not want TO see what Il
was. Before the time was up, or tn,
: affidavit filed, the order denying the up
pliCation was filed.
Blocked at evory turn by legal ma
chincry. he decided after consultation
with his LAWYER 10 seek the aid OF thu
criminal courts. 1t was then that
warrant for Klein's arrest for perjury
was arranged FOR. II was obtained from
Justice Koch in jefferson Market Court
this morning.
Weber told the truth in stating that
here wns no such entrance to the Eight
avenue store. An Evening World' re
porter called there this morning and ex
amined the place.