The morning call., 1894-05-11
AVOIDED INQUIRY.
How Leon Kosby Took
His Vacation.
SUIT AGAINST LIEBES BROS.
Peculiar Charges Made Against
the Tobacco Firm.
UT AGAINST LIEBES BROS.
HOW THE BOOKS WERE COOKED.
He Was Wanted Out of the Way of
a United States Government
Investigation.

a
before Judge Hebbard in the Superior
Court, wherein Leon Kosby seeks 10 re-
cover S42O &C. being two months, salary
from Liebes Bros. & Co., the Well-known
tobacco firm.
Kosby was in the firms employ as book
keeper, on a salary of 5000 month. he
claims that in July. 1892, his firm per-
mitted him to take a vacation on the un-
derstanding that his salary was to run on
as usual during his absence. hosby pro-
ceeded to Mexico, where he looked up a
mining scheme that had been discussed
between himself and jacob Liebes, one OF
the firm; after that ne went on to New
York. whence he returned to San fran
cisco. after an absence Of little over two
months.
In October, 1892, Kosby left the firm
employ. but was evidently not compen-
sated for his two months vacation. as In
Jsnuary following he instituted the pres
ent snit which came up for trial yesterday.
The trial OF the case developed curionS
bistorv complete denial OF kosDy
allegations was given by the defendant Us,
who maintain that he took vacation on
his own responsibility, ana the testimony
of Kosbv on the witness-stand OrOugnt out
some interesting particulars IL was sno"I
that during kosby's absence he received
-, soconnt of the firm some 500, and ire
onan+ corrpspondence passed between MN
and Iacnb IiebeS on general matters. II
was we'll known that Llebes BROS. were
at that time engaged in serious diIncultIeS
with the United States Govern meht-Ii
fact thev are at present under lndlctment
by the United States Grand july .al,l l
wos succested that kosby had been COOK
ing', the hooks, in order TO prepare for the
Hated States courts proceedings, and that
Ms two months vacation was taken Oy
tho advice and at the expense OF MS EN-
niovers. The following questions were
asked by Kosbv's counsel, Carroll COOK:
"Whv we're you sent away a. tnat par.
tcular time and on those tti MS t 10.
reason have YOU for suggesting that your
smnGnves wished to get you out OF the
way az sunpose they thought 1 might be
oa1Iod as witness in the United States
,.Weii now. had that idea anything in
connection with your keeplug or the
books"
"Did Won. then, regard your absence as
being necessitafed by your knowledge OF
certain entries in the books made at the
time of your firms assignment?
YES"
And how long was your absence neces-
sary?" al
stay away until the proceedings were
over"
"Wby was it necessary for you to be
avav from the city during the investlga-
tion of the books9 Was it because you
might be accused of having changed en-
gies in themY
ayes. | understood that was il"
~ mt orr \
Jndge Rebhard. "Do you wish to tell u
court that YOU were advised to take va
cation at that time because you knew TOO
much ?"
"Mr. Cook" said the Judge. ''do You
maintain that a contract for salary made
under such circumstances would De
valid ?"
nnestion of a special contract. His client
was on salary at $500 a month as book
keeper. He was entitled to holiday for
extra services rendered, and he was merely
asked by his employers to lake his holiday
at that particular time. Iheir reasons
mattered not; he had right to his salary,
as we'll as his vacation.
81 say that this is all case OF BLACK
mail" exclaimed M. Nj. Estee, counsel for
the defendants There were no assign
ments in this case and my clients mada no
contract with this man. Why, he comes
here. coollp admitting that he falsified the
entries in his employers books and wants
5000 a month from them for doing it, The
idea is simply preposterous, monstrous!
Judge Hebbard said that the plain Eng
lish of the affair seemed to be that Kosby,
knowing that an important investigation
in which he and his employers were inter
psted was about TO be taken up by the
United States Government. deliberately
got out of the way. In that Kosby acted
wrongly. His place was at his desk, ready
to give any information from his books
that might be required. 1t seemed to the
court that that was all there was in the
suit.
Estee persisted that the case was one of
blackmaiI. and that his clients wanted the
whole matter thoroughly investigated.
Their affairs had been already too publicly
discussed, and their suits had been fought
in the newspapers. There should be some
end to it all, and justice shown to the
Messrs. Liebes.
Carroll Cook started in to explain that
his client was a man of exceptionally high
moral character. but Judge Hebbard cut
matters short by pOstpOnlng further hear
ing of the case until Monday next.