New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-19
REFEREES APPOINTED.
THE GROU7H or HAMMERSTEINS HISS
CONSIDERABLE AMOUNT OF NOISE MADE BY
IT YESTERDAY IN COURT.

A CONSIDERABLE AMOUNT OF NOISE MADE BY
IT YESTERDAY ~ COURT
Judge Glderseeve. of the Superior Court. yester-
day listened to arguments Of counsel as to whether
or no; the injunction obtained by \. II. liummel
several days ago restraining Messrs Roster and bal
from interfering with oscar Hammerseln in the
mana cement Of the business of Roster. Bial & CO..
OF which he Is vce-president. should be made per
manent The argument opened by Mr. Hum
mel. who demanded not only that the injunction be
made permanent hut that a receiver be appointed.
Mr. Hummel began by charging that Roster and Bal
had appropriated funds to the gross amount OF
10000 belonging to the corporation. Immediately
thereafter. according to Mr.. Hummel Roster and
Bial conspired together to defraud their partner
Mr.. Hammersten. Their first overt act in that III
recton." said the lawyer. was 10 purchase from
themselves at the outrageous price of $3.50 % the
fixtures and furniture in the former place of bust
ness Of Roster d Bial. in West Tw"nty-thrd-S''
Those fixtures not worth $500
THE next fraud upon Mr.. Hammerstein. said
Mr. Hummel was when Roster and Bal, without
the knowledge consent OF their associate pur-
cha sed from themselves wholesale liquor Dealers
for themselves retail purveyors OF drinks ana
cigars large bills of goods for which they paid cash.
without the usual discounts. Not only thai nut
Roster and Bal bought the goods from themselves
for the use of the corporation 10 per cent above
their cost price
Then turning his attention the several items on
the books Of the corporation. Mr.. hummeI saIn.
Take the one item of 5000. watch Is charged
against the corporation as per expenses per T.
When we asked what this money had been used
for il was admitted that IL used to bride pun
lic officials We asked for the voucher or the checK
TO show where the money had gone, and were toid
that it had been paid in bills 10 the persons hIlbei
VINO they" we asked Iheie are thr my a.;
terlous charges Of commissions paid 10 somehow
each month. The amount varies sometime 800 a
month was paid. at others so" During tne year
and one month that Roster and Bal haye been
associated with HammrrSjein' continued the law
YER they have defraudel him out Of $Dep Take
and on which they Appropriated fully 10 per crn'.
But for sublime. North American 'eiihhh HciN =
Of when they charged II Ynmersiein with his pro
poronll share OF the $1,000 fee which they pall 20
Genera Tracy to appear for them In tn" action
Isaac FronIne began his argument in opposition
TO the application FOR permanent Injunction ana
Mir Hammersten's reputation for truthfulness. 10y
calling the attention OF the Court TO the sworn state
when called upon TO show why he should not
be compelled to pay &2 ~ personal tax ms
man" he said who swOre then that h" VAS unahl"
TO pay this small amount no" asks HJu 10 w. ~ "
his outrageous charges against rcput1he blh'n' \
never during his life has he paid a debt IN iu.L
CONTINUING the lawyer said. rms "hpI' ''"-
Hammersten VS. in business with Roster ana i,ia
he never. until September II; Sfld ina u" hH'l
stein Kissed one % his own performers \ bcf.
son in IN, audience objcc,cd ana n nshi 'h n,
Ral declined to give bail ior him. ara u" >"""i
to bc avenged.
| The lawyer said that the liquors purchaser n"Io
obtained at even less han The MARKET rl,". hi
were bought with the knoTledg" ana cons"n' ~
Hammerst"in. The my sterious comrnlssl" - o. , '
4 and $40 month, Fromine saa, were IaiI - ne
, head waiter. a bonus FOR liquor 80 q ~ II mo;'i
Mr. Fromme was followed by General l'cnJhmm r
the greatest favor that could be done - Hammer
stein would be to deny his application a. to graft
II would wreck good business
! Decision was reserved