The evening world., 1894-10-05
.nAMMERSTEIN SUES.
To Prevent Roster, Bal d Co
from Patroniziug Themselves.
Says They Pay "Koster & Bal, Wire
Il. Merchants Fancy Prices.
Hia Partners Deny that They Paid
for Police Protection.

Oscar Hammerstein will sue to-day,
through his counsel. Howe Il Humme''
for an injunction restraining Roster
T3tal a. Co. managers OF the Thirty
fourth street music hall. from patron
izing Roster & Bal. wine merchants
Mt prices above the market, from con-
cealing their accounts and conducting
the,r business without the knowledge of
the plaintiff, who is n partner in the
concern.
Mr.. Hammerstein was seen at Howe
a Hummels office while the papers were
preparing He said that he had had N"
conference with Messrs Roster ana Bal
and did not propose to.
i II was his intention to prove that
they had defrauded him and to dissolve
the partnership. The place in Thirty
fourth street would in any event re-
main a music hall.
He declared that Roster and Bial own
ing one share more than he did, out
of division OF l,4OO shares. had per
sistently swindled him and kept
knowledge of their proceedings from
him.
He says 1t was their practice to buy
stock as wine merchants and sell 1t to
the music hall corporation at an ad-
vance, compelling the defendant TO pay
one-half of the extortion, while they
pocketed the other half.
''Koster and Bial and Isaac Fr1mme
have swindled me out of my share of
Z 10000 In the past year" said Mr.. Ham
merstein. "Fromme has drawn nearly
5000 from the concern one-half or
which / have been forced to pay.
THE only things that have not passed
through the greedy hands of Roster
q Bal. as wine merchants, are these
ridiculous items: Mineral water, pads,
brooms, bottle shoppers rock salt. pow
dered sugar, sapoio, water crackers,
lobsters, cheese and plain soda.
"All the wines, champagnes, whiskeys,
beer. ales and the heavy stock Of the
concern. which amounts to tens of
thousands of dollars In a year have
ter & Biai and been sold to Roster. Bal
q Co.'s music hall at figures so high
that no intelligent dealer would buy
Mayor Gilroy, supt Byrnes and Capt;
= Schmittberger are angry and annoyed
+, at the latest turn OF affairs in the liam
merstein- Roster and Bal imbroglo.
hart, Of Howe e. Hummel's office, went
to Albany yesterday and asked At
torney-deneral Hancock for permission
TO apply for receiver for the affairs
Of Roster. Bial & Co.. to enforce an
accounting. and dissolve the partner
MI. Hammerstein charged Roster and
Bal with acknowledgements and with In
tention to defraud the petitioner. who Is
Junior member of the firm In the course
OF his charges Mr.. Hammerstein SAID that
there were entries on the books for sew
eral thousand dollars which the defend
ants had told him were expended for
municipal influence in securing "A license
and subsequent police protection.
Roster and Bial make "A denial AS
sweeping and emphatic as Mr.. Ham
merstein's charges.
He is a liar and a lunatic for saying
such things" said Mr.. Roster this morn
When supt. Byrnes read the story
once sent for Capt schmittberger.
Neither the Chief nor the Captain could
be found at his office this forenoon.
When approached on the subject.
Mayor Gilroy expressed great surprise
and annoyance.
Mr.. Hammerstein does not AFFECT to
believe that the sums ne declares to he
accredited to bribery fund were ever
disbursed in that manner, but were,
he says. appropriated by Mcssrs. Kos
ter and Bial for other uses. which they
seek to conceal.
Roster and Bal were notified on
Wednesday evening by Howe & Hum
mel to appear yesterday at noon before
the Attorney General Early yesterday
morning Mr. Hammerstein and Lawyer
Steinhart left for the capital, followed
by Mr.. Bial, with Lawyer Isaac Fromme.
When they met before Attorney q en-
eral Hancock Mr.. Fromme endeaNOred
to have the proceedings postponed on
the ground that Mr.. Hammerstein's
lawyers were trying to take snap judg-
ment A bitter Wrangle ensued.
Mr.. Hammerstein alluded TO his partners
and their attorneys as thieves cOnspira-
tors and the like. while Mr.. Eromme re-
taliated by characteriZing Mr.: Hammer
stein as A liar. nuisance and n lunatic.
The Acknowledgement finally decided
to hear Mr.. Hammerstein's application.
ordering Howe e. Hummel to give KOS
ter and Blal copy of the charges to-
day and setting down the hearing OF
their answer for Oct. IL.
Mr. Stelnhart procee led to 20 over
a mass of written statements from MIR.
Hammersten, IN which he charge Kos
ter and Bal with purchasing at excessive
prices stocks OF liquors and cigars from
their winch use, making numerous
entries without vouchers, conCea.inS the
accounts from him, refusing him check
on the receipts OF the hoX-oihCc, and all
eorts 4 acts of ma.feLslncr, down q
filliLg boxes originally containing high.
price cigars with inferior goods.
Mr.. Hammerstein Introduced in ext
dence a page Of the ledger containinl
seven entries for "mouthlv commits
SION" aggregatlng $500. and another
entry of 5000 for Expenses as
mutually agreed upon as per Mr. -
These, he alleges. his partners cNplainct
as having been paid to secure iltlu anCt
and for police protection.
Both Messrs. Roster and Ell posi-
N lively deny that they ever said anythin.
of the sort and declare that the 81.
was devoted to lawyers fees in organic
Ing the corporation.