The San Francisco call., 1907-01-16
DELAY OF THREE YEARS

The story is told that Ach suggest
ed that the only way to find the real
offender was to make a blanket charge
accusing half a hundred independent
dealers. Suit was brought, therefore
in the name of the trust against fifty
one defendants.
The defendants not only denied their
guilt. but showed a disposition to
bring counter suits for damages The
first to bring such an action was S
Cahen, a cigar dealer on Montgomery
street. who asked for damages in the
sum of $4,000.
Ach defended the trust. He figured
that if Cahen should win his suit the
fifty other Independent cigar dealers
also would be awarded damages. There
fore he determined to compel constant
delays, SO that by the time the suit
of Cahen should be decided the statute
of limitations would have run against
the fifty others Ach successfully pur-
sued these tactics, delaying the case
three years. His bill to Heynemann
was S25O0. Heynemann refused to pay
and Ach sued. for his fee. 1t was in
this suit that Ach. himself, took the
witness stand and boasted of the man.
ner in which he had juggled with the
law.
HIS OWN TESTIMONY
An excerpt from the testimony given
by Ach on that occasion follows:
81 advised Mr. Heynemann that per-
haps the best way TO manage that suit
would be TO use every means available
fn order 10 delay If, SO that there should
not be a verdict against him in that
case within the statutory period OF two
years for which the bond was given. in
order to prevent the other parties who
were made defendants in that case
with the exception of three or four who
had signed a stipulation OF dismissal
from instituting a suit Of like char
acter against the Havana Commercial
Company and Mr.. Heynemann.
Mr.. Heynemann told me to go on
and use all means at my command and
all means and ingenuity that I pos
sessed and ability on my part to con-
duct the case IN that way. Acting upon
those instructions, filed the demurrer
TO the complaint Of Bishop q Wheeler
and motion to strike out.
CONTINUALLY POSTPONED
81 appeared IN court some six or
eight different times after the suit was
Instituted and after the demurrer and
the motion were filed, in order to have
it postponed, and I succeeded In 80 do
Ing
Finally the matter came up for
argument in Judge Kerrigan's court
had looked up the law on the subject
then upon the motion to strike out
argued the matter before Judge Ker-
rigan and submitted the motion and the
demurrer. In due time there was a
decision, and my recollection is that the
most OF the matters were decided and
the demurrer overruled.
1g thereupOn obtained flme-such time
as 4 could gcf-in which to answer. i
prepared a stipulation extending the
time I'm which TO file exceptions 10
Judge Kerrfgan's decision for the pur-
pose. in line with what Mr.. Heyne-
mann directed, then 10 KO 10 the Su-
preme Court upon IL for further time.
in the event that my judgment was
correct and that the matter should be
stricken out and ] so advised Mr.
Heynemann.
Thereafter I called upon Mr.. Heyne-
mann and explained the situation to
him and suggested 10 him that il might
be wise 10 take the deposition of Mr..
Cahen. who was claiming injury to his
business, and that under the law
could examine him and ] could look
into his books and ascertain how much
money, IL any, he had lost by reason
Of the Injunction being granted re-
straining him from stuning the cigars
and that could ascertain what his
profits were and how much his busi-
ness had been affected.
CHAIN OF DELAYS
Mr. Heynemann directed me to go on
and have that deposition taken.
thereupon prepared a notice of the
taking OF the deposition and an affi-
davit for the taking of the deposition