The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-10-05
HAMMERSTEIN SUES.
To Prevent Roster, Bal d Co.
from Patroniziug Themselves.
Says They Pay" Koster & Bal, Wire
Merchants Fancy Prices.
His Partners Deny that They Paid
for Police Protection.

a
through his counsel, Howe & Humme',
for an injunction restraining Roster
R,a, a. Co, managers of the Thirty
fourth street music hail. from patron
icing Roster & Bial. wine merchants,
Mt prices above the market from con
cealing their accounts and conducting
their business without the knowledge of
the plaintiff. who is partner IN the
concern.
MIR. Hammersteln was seen at Howe
A. Hummels Office while the papers were
preparing. He said that he had had no
conference with Messrs. Roster and Bal
and did not propose to.
II was his intention to prove that
they had defrauded him and to dissolve
f, 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 a division of 400 shares. had per-
.sistently swindled him and kept a
knowledge of their proceedings from
him.
He says 1t was their practice TO buy
stock as wine merchants and sell II 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.
y .Kos err and Bial and Isaac Fromme
/. have swirdled me out of my share OF
$4,000 In the past. year, y; said Mr.. Haur-
rnerstein. "Fromme has drawn nearly
1900 from the concern, one-half OF
which / have been forced to pay.
"The only things that have not passed
through the greedy hands of Roster
ridiculous items: Mineral water pads,
brooms. bottle shoppers. rock salt. pow
dered sugar, sapolio, water crackers,
lobsters cheese and plain soda.
"All the wines, champagnes, whskeys.
beer. ales and the heavy stock of the
concern. which amounts to tens of
thousands OF dollars in a year. have
passed through the wine house of Kos
ter & Bal and been sold to Roster, Bal
q Co.'S music hall at figures 80 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 Ham
merstein-Koster and Bal imbroglio.
Mr.. Hammerstein, with Lawyer Stein
hart. of Howe & Hummers office. went
TO Albany yesterday and asked AT
ltorney-General Hancock for permission
OF Roster, Bal q Co, to enforce an
accounting and dissolve the partner
Mr.. Hammerstein charged Roster and
Bial with mismanagement 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 fol
municipal influence in securing license
and subsequent police protection.
Roster and Bal make a denial as
uU,aaninu and amphatic Mr.. Ham.
merstein's charges.
He is liar and iunatIc 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.
believe that the sums he declares to b,
accredited to bribery fund were eve
disbursed In that manner. but were
he says, appropriated by Messrs: Kos
ter and Bal for other uses, which they
seek to conceal.
Roster and Bal We're notified OF
Wednesday evening by Howe & Hum
mel to appear yesterday at noon hetor,
morning MIR. Hammerstein and Lawye
Steinhart left for the capital, FOLLOWED
by MIR. Bial, with Lawyer Isaac FToWm"
When they met before Attorney-Gcn
eral Hancock Mr.. Fromme endeavore'
the ground that Mr., HammersteIn'
lawyers were trying to take snap Judg
ment. A bitter wrangle ensued.
Mr.. Hammerstein alluded to his partner
and their attorneys AZ thieves, conspira
tors and the Ike. while Mr.. Fromme re
tsltated by characteriZing Mr.. Hammer
stein as a liar, IA nuisance and lunatiI
The Acknowledgement finally decide
to hear Mr.. Hammersten's application
ordering Howe & Hummel to give Kos
ter and Bal copy of the charges &c
day and setting down the hearing q
their answer for Oct. II.
Mr.. Steinhart proceeded to go owe
mass of written statements from Nj
Hammerstein, in which he charged HOS
ter and Bal with PURCHASING at cNCCsslV
prices stocks OF liquors ana cigars frul
their winch luse, making numerOu
entries without vouchers, cOnccaiing III
accounts from him, refusing him chec
on the receipts of the box office and "A
sorts II acts of ma.feasanca, down
illilg boxes originally containing high
price cigars with inferior goods.
Mr., Hammerstein introduced in ev
- dence page of the ledger containir
sion" aggregating $500 and anoth'
d. entry OF 5000 for Expenses
mutually agreed upon. as per Mr.. +
These. he alleges. his partners eNplaint
- as having been paid to SECURE. mtiu2nt
and for police protection >. =
Both Messrs. Roster and Eial pos
lively deny that5they ever said anythir
OF the sort, and declare that the $50
was devoted to lawyers fees in orsani
10. To-.