The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-26
Butte Department.
BIG SALE OF CIGARS
Afidavits to Prove That PiDcuS Was
in the Transaction.
ABOUT PERlSHABLE STOCK
The Matter by Intervention Is
Brought Before Judge Nc
Hatton-A Motion to Set
Aside the Deal.
ABOUT PERISHABLE STOCE

The intervenors In the big attach
ment suit of A. Pincus against l.. j.
Iachman made additional charges OF
fraud, Misrepresentation and conspir-
acy against Mr.. Pincus. Attorney
Parr representing the intervenors ana
creditors of l.. j. Lachman, applied TO
Judge Mediation for an order to set
aside a sale of some of the attached
property, consisting of beer ana ci-
gars, ON the allegation that the order
of sale had been obtained from Judge
Speer by Misrepresentation. The judge,
however, declined TO make the order
or consider the matter, because IL was
not properly before him. Mr. Parr filed
about a dozen affidavits in support OF
the charges of fraud. The sale OF the
cigars and beer had been made in the
attachment suit of the First National
bank against Lachman, and in his al
fidavit Mr.. Parr alleged that Plncus
was the guaranteer on the notes held
by the bank against Lachman and that
Pincue had induced the bank to bring
the suit, and then, by false and fraud
lent representation, that all the beer
and cigars under attachment were per-
ishable property. procured an order OF
sale from Judge Speer's court, direct
ing the beer and cigars to be sold by
Tie cntIlii dc ptAiohabi1 eCCNSf
and fraudulently represented that there
were only $4,000 cigars, whereas 1t was
q fact that there were 100000 cigars,
and that they were not periShable ana
were not being damaged and were not
depreciating in value and would not be
damaged for a long time to come.
Mr.. Parr further alleged in his affi-
davit that the sheriff, acting under in
formation and advice of Pincus ana
Lachman's bookkeeper. which was
false and fraudulent. failed and neg
lected to ascertain the number OF ci-
gars held under attachment and Offer
ed the entire stock in one parcel. repre-
eenting there were $4,000 without
counting them, and sold them to Pin
Gus for si0.50 per thousand, when, In
fact, there were 200, 900 cigars that were
we'll worth $50 per thousand, which sum
could have been easily obtained had
Pincus and Lachman, through fraud,
conspiracy and concealment, not pre-
vented other purchasers to bid upon
same who were willing and anxious to
purchase them at $50 per thousand;
that Pincus well knew there were 2OO,-
600 cigars and that they were worth $50
per thousand, and after making the
purchase removed only a small portion
and permitted the balance to remain
IN Lachman's store, with a fraudulent
purpose and intent to reopen the store
and In the regular course of business
dispose of said cigars so fraudulently
purchased for an inadequate consider
alton.
1t is further alleged in the affidavit
that the beer was sold to Pincus at 81
a barrel through conspiracy with an
agent of the brewing company.
A. ]. Davis, cashier OF the First Ma
tionaf bank, made an affidavit that he
had nothing to do with obtaining the
order of the court for a sale OF the
stock He said he had a conversation
with Pincus and told him that If any
perfshable stock was under attach
ment he should sell IL IL necessary 10
save losses, and acting upon that con-
versation Pincus procured the order of
sale for the beer and cigars as perish
able property.
Deputy Sheriff e. D. Elderkin, who
sold the stock, made affidavit that he
sold the cigars In one parcel, upon Pin
GUS word, that there were only $4,000,
and Pincus bid them in at $1,000 per
1000. One man whom the deputy did
not know, made the rrst bid of $40 and
then Pincus went over to the man and
held q whispered conversation with
him and the man then bid again. Mr..
Elderkin said he several times suggest
ed to Pincus that the cigars should be
counted, but Pincus said 1t was not
necessary, as ne Nouiu tdhe lheh ioi
$4,000.
H. L. Frank made an affidavit that
he had been in the liquor and cigar
business for Is years and knew that
cigars and beer were not perishable
property and their market value would
not have been destroyed by holding
them under attachment. The beer,
which was held at 81 a barrel, was
worth sl050 barrel.
N. w. Bender. another dealer, said
he attended the sale with the intention
of purchasing the cigars. but they were
not counted and he was prevented from
bidding. He said there were at least
$4,000 cigars and they were not perish
able property.
Phil G. Cohn made affidavit that
there were about 200. 600 cigars, and that
two days after the attachment had
been levied Lachman told him he had
s., 900 worth of cigars that had been
paid for and Cohn estimated that there
were at least 81 900 worth not paid for
Cohn said that Pincus had sold some OF
the cigars after the sheriff's sale for
s35 a thousand. and that the average
value OF the cigars was at least $50
thousand.
When Judge Mediation ruled that the
matter was not properly before him.
Attorney Parr filed a motion TO set
aside the sale and gave notice that II
would be called up next Saturday.
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