The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-07-16

~ 1zrxs rz1 STORY OF THE
&hoex DEAL
XFNA7 Z 4Eg1 u 91
CASH flEISHmAN's SIDE



Judge at1y eaterday heard the evidence
81 the action Of Henry J. Fleishman, CASH
tor Of the Farmers and Merchants bank.
- recover $1,000 from y. c. GLADDEN.. The
bur1en Of Fleisbman's story was that Glad
den told him in August of last year that
onoJ. w. Rogers owned and wanted to dis
pose Of 10000 shares Of Wedge Gold Min
Ing, Milling and Water Supply company's
mock for $4,000. The defendant suggested
- F3eishman that II he would contribute
l5t9 towards the purchase Of the stock he,
GLADDEN.. would put up the other half.
Having confidence in the defendant and
believing his representations, one of which
: Wee that the stock could not be had for
cent less than $4,000. he gave GLADDEN. his
one half Of the purchase price. Afterward
MI Fleishman found out that Gladden's
tale was untrue and that Rogers had at all
tamee been willing to sell his stock for
>loo4 which, as q matter of fact was all he
received from GLADDEN. on August 10th,
III: GLADDEN. never having repaid to plain
TIN the difference between the actual value
Of half the stock and the money which he
Aad. handed to the defendant to make the
purchase under the false representations,
he found 1t necessary to sue for that bal
al,ce-
]. G. GLADDEN. on the other hand denied
that he had ever made any false repre-
Dentations to Freshman, and had really
paid $4,000 for the mining stock The evil
dence showed that while Mr.. GLADDEN. had
really paid $4,000, If an overdue note for
1850 drawn by himself may be considered
- money. Mr.. Rogers had only received
5000 cash after all, and that was part of
Fleishman's money. The other $500 went
to Ben Goodrich, the lawyer, who was the
agent in the sale.
Mr.. Goodrich explained that he had been
commissioned by Mr.. Rogers to find pur-
chaser for the stock at a sum which was
not to jbe below $1,000 and that whatever
more As could get for 1t would belong to
him. GLADDEN. offered to take it at $15,OO0
the p .ce demanded by Goodrich, provid ed
lfhe. tlfe seller should accept $500 in cash
I'D 0ladden's note for similar amount.
This was agreed to. and Goodrich, when
the eale was contaminated, paid over to
Rogers 5000. kept the balance Of $500 and
the note-and he has 1t yet. overdue and
unpaid.
John c. GLADDEN. explained on the stand
his share In the transaction. He said that
he had heard that some one had sold 10, 900
shares of the same mining stock to Fleish-
man for 16 cents share. He
went to Fleishman and told him that he
believed he could buy Rogers 1901 900 shares
1ors10 cents share. an aggregate amount
Of Qs,00o. Fleishman replied that he was
willing to buy one-half Of the stock II
GLADDEN. bought the other half. Witness
explained that he would have to borrow
money in order to do 1t.
He then proceeded to Mojave and met
yhn
geles. They had a conversation on the
train. but Rogers would hear Of nothing
less than $4,000 for his stock. That settled
Il for the time being, but Rogers came to
0ladden's office the same day and the lat
ter took him to Ben Goodrich to see what
could be DONE He told the lawyer private
" that his limit was $4,000. but he agreed
that whatever Ben paid less for IT he
should keep the difference as his commits
sion.
GLADDEN. then leftin hurry to get Flesh
mans $500. which he took back to Good |
richs Office and deposited for safekeeping
In the lawyers hands. There was a hitch,
however, as the stock was made out to
Rogers wife and she would have to assign |
It. This formallty having been arranged,
Rogers and GLADDEN. returned to Goodrich's |
and Rogers went into the private office.
The lawyer now inquired where the balance /
OF the money was. GLADDEN. said hrrhao |
only part Of 1t and would have to borrow |
the balance. Never rarhd," answered the
Go-between. "In se your note" and
thereupop GLADDEN. made out the note for |
1850 The witness admitted that 1t had |
good faith and that his intention was to
take It up when convenient
This interesting case, in which It makes
all the difference in the world who tells the |
transaction, will be argued today.