Evening journal., 1894-11-20
COULDN'T GET WORK
Owing to the Interference OF
Agents of F. Blumenthal & Co.
BASIS OF THE SUIT OF MARX A.sHAw

He Claims That the Firm Wrote Postals
and Sent Parties TO Block Him From
Employment and Have Him Discharged
when He Did.
An adjourned term of the United
States Circuit Court was begun, Hon.
Leonard A. Wales, Justice presiding.
After court had been formally opened by
the crier, Sol Kohn, OF New York, was
admitted to pracice on motion Of Willard
salisbury, Jr and Thomas f. Bayard
Jr was admitted on motion OF H. 81.
Ward
The first case called twas that Of Mark
A. Shaw, against K. Blumenthkl & Co..
for compensation and damages result
ing from unauthorized interference with
the plaintiff by the defendants. In his
securing OF work as a morocco shaver, by
postal cards and orally making mis-
statements that he was q runaway
apprentice.
The following jury was selected as
satisfactory to both sides: Samuel
Peachy, foreman; William T. Baugh.
| Charles p Tatnall, John Downs, William
| Oooch. Harry J. Stoeckle Paul Bright,
William Talley. Severson b Cooling,
Charles M. Buckmaster, Francis E.
Benjamin l. Hurd. Frank Woolley.
Alfred Robinson, Edgar II. Bancroft Jr.,
Ethan D. King and Harry d. Holt we're
| drawn but excused by counsel
II, II Ward and Samuel A Macalllster
| represented Shaw and Willard Salisbury,
Jr. and Sol Kohn appeared for F.
/ Blumenthal & Co.
Ia his submission to the jury Mr. Ward
| stated that be would show that In 1888
| Shaw apprensiced himself to Charles
Mullin 4 Co, to learn the trade of
morocco shaver. In 1889 Mullln went
out OF business and +. Blumenthal &
Co. succeeded. Shaw continued at
work, but no special agreement was
entered into, February 90. a difference
arose between Shaw and the boss shaver.
Patrick Munday, about the amount of
work, which resulted In ShRw's dis
charge. He then went to the Delaware
Morocco Company and secured work.
| Then postal cards were sent all over the
/ city asking morocco firms not to employ
Shaw, IS he was a runaway apprentice.
Ha was employed, however, and com.
pleted his term Of service and got
q certificate of competency; that when
the Delaware Morocco Co, went out OF
business, shaw went TO work for VIII
liam J. McClay and after . few weeks
Was discharged through direct interfer-
enoe on the part Of Blumenthal Il Co
This IL Is claimed occurred several times
and finally resulted In Shaw having TO
remove to Brooklyn to secure work
That Blumenthal h Co., had been warned
against sending out any more false
statements relative to shaw, but paid
no heed 10 IL and three or four more dis
charges followed all due TO these state
ments.
Charles A Monaghan, who was an
attesting witness to the articles Of
agreement or apprenticeship, was sworn,
but Mr. Salisbury admitted the genuine
ness Of the document
Mark A. Shaw was the first witness
He Is the plaintiff in the case and was
born January 10 1871 He told Of hts
| apprenticIng himself and the terms; that
on February 20, 1890, be had
trouble with MundRy over the quantity
Of work done and he was fred out. He
then went to the Office of the Delaware
Morocco Company and asked for work.
Was told that II be got q discharge from
BlumenthRl & Co he could have
work. He went to see Daniel Pier
sou, superintendent rnd was refused
| de then ewent back to the Delaware
Morocco Company aud worked for them
until they went out Of business, by this
time Shaw had received his credentiaif.
Both Mr. Salisbury and Mr. Kobn
objected strenuously to introducing any
conversation had between the plaintiff
and anyone else on the ground Of lis
being hesrasy. And they claimed that
Superintendent Pierson and Foreman
MundAy had no powerssto act for the
firm.
Mr.. Salisbury interrupted the court
several times, until fnally Judge Wales
remarked: "Mr. salisbury, you will
allow the court to express an opinien
once In q while
The witness then swore that about
March 8. 1890, few days after he began
work, while tending the office, postal
card was dropped through tho slit In the
door. 1t WAS signed by Daniel Pisraon,
superintendent for F. Blumenthal 4 90.
Shaw read II and put iit back 1t was
afterwards shown to him by one Of the
firm and laid aside for reference. It
! could not been found later, but Shaw
( got q similar postal card sent to Gibson
& Co.
Shaw got his diploma OF competency
, Went with William j. McClary from
April II till May 5, when he was dis
/ charged then to Ford & Ryan's, but after
few days discharged Went to Brooklyn.
) worked till nearly Christmas when laid
, off, and came homs. Went to L I.
/ Quigley's, but was discharged there.
! Witness stated that he worked for the
4 American Leather Company, Mitchell
{ Tadman q Thomas He then worked of
) and on at other business at which he
, made less than he could make at his
trade which was 81 a day. He could not
L \ el..t4 fapa rel
| between his short terms OF work and WAS
! forced TO 90 into other business
q At o'clock the court took recess
until 2 P. N.
Railroad shops to Cost $500. 900.