The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-25
EHRLIsH & BRO. REMANDED.
Held by Commissioners Lewis to
Await Action of Grand Jurx.

Messrs. Ambrose, NJ. G. and Benjamin
enrich have been held by United States
Commissioner Lewis and remanded for the
aeuon OF the next federal grand jury on
the charge of violating the tenth section
of the act to regulate commerce.
The decision of the commissioner was
rendered and Col. William Garrard, coun-
sci for the defendants was notified yester-
day afternoon. The warrant for the ar
rest of Messrs. Ehrlich was sworn out by
Thomas j. Watts. special agent of the
claim department of the Louisville and
Nashville Railway, the specific charge be-
ing that the firm of A. Ehrlich & Bro, of
which MessrS. Ambrose and NJ. G. Ehriich
are partners and Mr.. Benjamin Ehrlich
one of its travelling statesmen, shipped to
Ben. Hymson of River Junction, Fla, five
barrels of what purported TO be seed oats,
but what in reality was ''Sassafras Bit
tiers" packed in just enough oats to pre-
vent breakage.
Evidence and arguments were heard by
the commissioner some days ago, Col.
Garrard appearing for the defendants and
Assistant District Attorney Leaken for
the government At that time the COM
missioner reserved his decision, which
has just been rendered
AT the hearing the defendants did not
attempt to deny that the shipment had
been made to Hymson, as charged in the
warrant but asserted that it had been
made without their approval and without
their knowledge. Their shipping clerk
had simply made mistake in marking
the packages, so it was said, or rather
had used packages already marked. The
shipping clerk, himself, corroberated this
statement and took all the blame on him
self. -
Evidently the commissioner thought that
at least there was probable cause to hold
the defendants, and 10 leave the actions of
the members of the firm and of their ship
ping clerk, with the resulting questions
of their guilt or innocence, for the deter
mination of a grand or petit jury of the
District Court
Col Garrard has been notified that his
clients will be expected to appear before
the commissioner tomorrow afternoon
and give bond to await the action of the
grand jury. This proceeding is. of course,
largely formal, as there is no serious
doubt entertained as to the defendants
being on hand when they are wanted. 1t
is likely, therefore, that small or nominal
bonds only will be required
The gravimen of the offense with which
Messrs. Enrich are charged is that they
shipped as seed oats, upon which a
freight rate of eighteen cents per hundred
pounds is charged from Savannah to Riv-
er Junction, what actually was bitters, on
which a rate of seventy-five cents is
charged. In this manner, it is alleged, an
attempt was made to defraud the rail-
ways of their lawful freights
AS matter of fact the mistake or de
ception, whichever it was, was discovered
by the station agent at River Junction
and the consignee compelled to pay the
full charges. The railways have lost moth
ing by this particular transaction, the
anmus of their action in having the war
rant sworn out is to obviate the posi-
bility of their losing, under similar cir
cumstances, in the future.