The evening world., 1894-10-05
HAMMERSTEIM sues.
To Prevent Roster, Bal d TO-
from Patronizing Themselves
Says They Pay" Koster & Bal, Wine
Merchants Fancy Prices.
His Partners Deny that They Paid
for Police Protection.

Oscar Hammerstein will sue to-day
through his counsel Howe d Humme''
for an Injunction restraining Roster
Bial a. Co, managers OF the lhlrty-
fourth street music hall, from patron
izing Roster & Bal. wine merchants
Mt prices above the market. from con
cealing their accounts and conducting
their business without the knowledge or
the plaintiff, who is a partner IN the
concern.
Mr.. Hammerstein was seen at Howe
A. Hummers office while the papers were
nreparing, He said that he had had no
conference with Messrs. Roster and Bal
and did not propose to.
1t 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 n music hall.
He declared that Roster and Bal. own
ing one share more than he did, out
of a division of l,4OO shares, had per
sistently swindled him and kept
knowledge of their proceedings from
him.
He says II 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 Bal and Isaac Fromme
have swindled me out of my share of
$4,000 In the past year" said Mr. Ham
merstein. "Fromme has drawn nearly
5000 from the concern One-half OF
which / have been forced to pay.
1.-THE only things that have not passed
through the greedy hands of Roster
& Bial. as wine merchants, are these
ridiculous items: Mineral water. pads.
brooms, bottle shoppers. rock salt. pow
dered sugar, sapolio, water crackers.
Holsters, cheese and plain soda.
beer, ales and the heavy stock Of the
concern. which amounts to tens of
thousands Of dollars in a year. have
ter & Bial and been sold to Roster, Bial
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 Ham
merstein- Roster and Bal lmbroglio.
Mr.. Hammerstein, with Lawyer Stein
hart, of Howe & Hummers office, went
to Albany yesterday and asked At
torney- General Hancock for permission
to apply for a receiver for the affairs
accounting and dissolve the partner
Mr.. Hammerstein charged Roster and
Bial with mismanaRement and with in
tention to defraud the petitioner, who Is
Junior member of the firm, In the course
OF his argos Mr.. Hammerstcin SAID that
ther, were entries on the books tor sew
erai thousand dollars which TIM defend
ants had told him were expended Tor
municipal influence in securing license
and subsequent police protection
Roster and Bal MAKE denial as
sweeping and emphatic as Mr.. Ham
merstein's charges.
He is a liar and lunatic Tor saying
such things" said Mr.. Roster this morn
When supt. Byrnes read the story
this morning. 1t is said. that he at
once sent for Capt; schmttberger;
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 he declares to be
accredited to a bribery fund were ever
, disbursed in that manner, but were,
he says, appropriated by Messrs Kos
ter and Bial for other uses, which they
seek to conceal.
Roster and Bial 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
Nh sa e Wtb o d ,Rs GA aac
When they met before Attorney-Gen-
eral Hancock Mr.. Fromme endeavored
to have the proceedings postponed on
the ground that Mr.. Hammcrsteln 5
lawyers were trying to take snap Judg-
ment. bitter wrangle ensued
Mr.. Hammerstein alluded 10 his partners
and their attorneys as thieves, conspira
tors and the like. while Mr. Fromme re-
taliated by characterizlng Mr.. Hammer
stein as a liar, a nuisance and lunatic
The Aforementioned finally decided
to hear Mr.. Hammerstein's application
ordering Howe & Hummel to give Kos
ter and Bal a copy of the charges to-
day and setting down the hearing OF
their answer for Oct. IL.
Mr.. Stelnhart proceeded TO 80 over
a mass of written statements from Mr.
Hammerstein, in which he charged Kos
ter and Bal with purchasing at cNces s!v'
prices stocks of liquors and cigars from
their wine-house making numcrou,
entries without Vouchers COncea,ing IN,
accounts from him, refusing him gGe J
on the receipts of the hoX-otlice, and al
sorts of acts Of mAfeIsunce, down =
filling boxes originally containing high
price cigars with inferior goods,
Mr.. Hammerstein introduced In evl
dence a page Of the ledger contginini
seven entries for monthly commits
sion" aggregatng 5000 and anOlhe
entry of 50 900 for Expenses a
mutually agreed upon, as per Mr.. y.
These. he alleges, his partners eXplaine
as having been paid to secure intiuenC
and for police protection.
Both Messrs. Roster and Bial posi-
lively deny that they ever said anythin
of the sort, and declare that the 81 M
1axT1 tod lou