New-York tribune., 1903-07-31
FEARED INCRIMINATTON
Witness Refused to 4ns1cer I'm Al
legged Conspiracy Case.

Refusing to answer questions put to him by AS
sistant District Attorney Hart and Justice Wyeth
Richard Schloss, of Arverne-by- -the-Sea secretary
Of the New-Hork Confectionery Jobbers Protec-
tive Association. caused a sensation in the Court
of Special Sessions yesterday where Justice Wyeth
presided, sitting a magistrate.
The case was that of Moses Godenberg. of No.
S2 Chrystie-st.. who formerly had confectionery
store at No 1875 East Broadway. and who charges
certain officers and members of the New York Con-
fectionery Jobbers' Protective Association with
conspiracy in forcing him out of business. As in
the case of Jesse LewisOhn. in the John Doe pro-
ceedings brought by District Attorney Jerome in
the Garfield case, Schloss said that if he answered
the question it would tend to degrade and inerim-
mate him.
Goldenberg's case is of two that have been
brought against the Candy Trust. the other case
being that of David Segler, of 178 Essex-st. who
also declares he has been forced out of business
by the trust.
The following thirteen men said to have been con-
nected with the association, were recently arrested
on warrants issued by Justice Wyeth charging
them with conspiracy: Victor Claisse, Isidor Byk,
Lucen Lowenthal. John Merle julius steger.
julius Riedeman. David Bachman. Jacob Mendel-
Owitz Christian Pel, Jacob Mich, Morris l.. WE'LL.
Samuel Levine and John Schrener.
Goldenberg alleges that he fined 500 by the
association for selling TO who not
member thereof. and that he was suspended for
not paying his fine Segler declares that he was
fined $50 for the alleged offence against the
rules of the association. When the case called
Assistant District Attorney Hart appeared for the
prosecution and Mr.. Esberg. of the law firm of
KantroWttz & Esberg, appeared for the defendants.
Schloss was asked by Mr.. Hart why he had not
brought the books of the association to court with
him. he had been instructed He replied that he
had been instructed not to take them out of the
State and that they at his home.
To the witness was then shown number OF
checks signed Richard Schloss copy of the by
laws of the association and a list of the confec-
TONERS in the association. He asked to identify
the exhibits and refused to do so, the ground
that his might tend to degrade or incrImi-
him.
letter dated January s. 1903. and addressed to
David Siegler, informing him that he had violated
the rules of the association and had been fined $50
ana that If the money not paid by the 9Th of
the month he would be suspended, then shown
To the witness. The letter signed David
Schloss, and he was asked to identify the sigma
ture. He again refused to answer giving the same
reasons. Justice Wyeth then repeated the ques-
tion, but the witness remained silent.
Justice Wyeth appeared to be agitated and was
evidently about to take action, when Mr..
Esberg jumping his feet, declared that the wit
ness refused to answer Esberg's Instruction as
his counsel. The lawyer asked that action be
taken against Schoss until the case had gone
further
Justice Wyeth said that he would not rule on the
case until other witnesses had been heard By
consent of counsel the case adjourned until
August 10.