The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-28

and was promptly arrested. His case was
tried twice in the Police Court, and on the
second attempt be was acquitted of the
charges brought against him. Then Wal
lelstein filed complaint in the Superior
Court against Achiile RDos to recover the
$500 he parted with. followed by another
and a more pretentiOus suit 10 recover
$4,000 damages for the wrongs he had
suffered.
In his complaint Wallenstein elaine
that he was innocent of all wrongdoIng.
He had been overwhelmed by the sudden
charge brought against him and by the
threats Of his employers to discharge his
two younger brothers, as well as himself,
II he did not comply with the terms Of
fered him. So to save his brothers he
payed the money-all be had-and left the
State, only returning when he saw what
wrong had been done him and to avenge
himself.
At the trial of the case before Judge
Hunt and jury Wallenstein told his story
and produced books accounting for all his
private receipts aud expenditures during
the five years OF his employment with
Roos Bros. His brother also gave testi-
mony TO the effect that he himself had in
duced bis brother to comply with Rnos'
demands, because he wished at any cost TO
save the disgrace OF an arrest, which might
reach the ears of their aged parents in
Germany.
Against this witnesses were called for
the defense who testified that Wallenstein
had in their presence confessed himself a
thief and that when openly accused of his
transgressions in -Roos' store he had not a
word to say, but hung down his head in
shameful silence. Two witnesses-Mitch-
ell and Merrill, fellow-shOpmen of Wallen-
stein-Stated that they distinctly saw him
commit theft By registering purchase at
different amount upon the stub than that
registered upon the check of the book that
ha nj for hc
pose. 1t was also endeavOred to show that
Wallenstein's expenditure had consistently
been beyond his means.
The testimony was long and exhaustive.
aud the jury's patience admirable. Ali
sorts of evidence were introduced, among
which was some to show that Wallen-
STEMS alleged extravaganza could be ac-
counted for by the fact that he had from
time TO time won considerable money on
Chinese and other lotteries Finally, how
ever, the whole case was concluded, and
Judge Hunts court was packed to suffoca-
ton yesterday by interested persons wish
Ing 10 hear the arguments of counsel.
Mr. Delmas opened the case. He stated
the facts as briefly as possible, Judge
Hunt having set limit. and in conclusion
asked the jury to fnd his client innocent
of the charges, which had already been
dismissed in the Police Court. by directing
that his hard-earned money be restored to
him.
John CARRIER followed with burst of
rhetoric on behalf of the defendant. He
said the main question was as to whether
or not Wallenstein was a thief. That, in
his opinion. had been sufficiently proved.
The young man had been guilty of the
baseSt iDgratitude toward his employers,
who had always treated him more like a
friend, a brother, thar servant. Now
WaleDstein having got clear in the Police
Court, had come l1:o the civil courts out
of revenge, trying TO besmirch the eluta-
ton of two honorable merchants. On the
day when Walense Elm was accused Of
theft Achille ROus had said tO him, II
have treated you al brother. How have
YOU treated me? Are you an honest man
or thief?" Wallenstein had made no
reply. but had hung bis head Ia shame.
Others were present at the time, who testi-
fed TO these thing. what would have
been his answer if he were innocent?' He
paid the money and left the State to escape
the consequences Of bis crime, and was
only now bold enough to try 10 bluff the
employers who had dealt lenently by
him.
Eugene n. Deuprey followed Mr.. Gar
per with powerful supplementary ad-
gTesS on behalf of the defense. and then
~. nj. Delmas closed. He asked the jury
70 believe that Wallenstein was only a
poor clerk. unbacked by money or in-
fuence, and taken abaek by the threat
ened disgrace to himself and his family
he had rashly censen'e ed TO DO a thing that
In bis more sober nom ents he would have
scorned. Mr.. Delnas asked that the iurv
clear him of all doubt in this case and
leave the question Of damages to another
jury in another trial.
Judge Hunt charged the jury. who re-
tired quarter past 4.
The Jury returned verdict of 1864 45 for
the plaintiff