Waterbury evening Democrat., 1908-07-09
MAX SCHOLTER'S CASE
Fined on Four Counls. Sentence
 Suspended on Two.

l The continued case against Max
 Scholter for theft of the following
 sums was heard by Judge Burpee in
 the city court to-day: 1: May ', $20;
 June 8, s15; May 26, $S,S0; June I 10, $5.9S; June II, $36.76; and
 May 16, $9. The first two items
 were for two suits of mems clothes.
 There was another count for $2 al-
 legged to be paid John F.. Charters,
 but during the trial of the case Mir Charters discovered he had been paid that sum and that count was accordingly nolled.
 I Seholter was local manager for
 the Union Credit Clothing company.
 Daniel Peter, general manager for
 the concern, testified that he came to town about June 10 and on
 looking over the books found that l Scholter should have on hand i $191.77. whereas he had but $145. 1 On being. asked about this shortage l Scholter said he had paid himself his weeks wages, SIS, and ad- vanced to Jack Freedman, sales , 1 for the two suits of clothes. Regarding the item of $9, Miss | Minnie Floring testified that this was the balance on suit of clothes bought by an Italian, he having paid $5 previously. She saw Scholter put this money in his pocket. The item of $8.S0 was for 12 dozen corr ] set covers, and on this the testi- mony was that the covers sold for 10 cents each, and that the girls in 1 the store wished to buy one each but Scholter would not sell them any until the supply was almost gone. The item of $5.98 was for a hat which Miss Annie Goldberg sold. She gave this money to Sholter, she said. None of the above sales was on the books.
 Miss Rose Nitkin, the bookkeeper for the concern, knew nothing about the case at all. At least so she said, absolutely nothing. She denied that she had "been seen" about the case last night. Miss Nellie Burns tes- tified that while the books called for s1S1.76, Scholter had on hand only $145.
 Freedman, the salesman, stated Scholter did not advance him any money and Scholter then took the stand.
 His story was that he was pro- noted from salesman to manager by Mir Berman. one of the two men who own the concern. Mir German, he said, told him to consider the store his own for his interest was the concerns interests and to take whatever merchandise he wanted and he could settle for cost price af- forwards. He admitted taking the two suits of clothes, one costing $15 retail. the wholesale price of which was S7. and another for $20. There was an agreement by which he was to get weeks notice in case of dis missal and weeks salary in lieu of the notice and in case he wished to get through he was to give the firm a weeks notice also. Therefore in lieu of the weeks notice which he did not get, he paid himself SIS and for the week that was due SIS more.
 As for the corset covers one was 10 be given away to every purchaser of skirt. and to sell as many as they could. Regarding the s9 re- ceived from the Italian for the suit in which he had already paid $5, Scholter said everybody was tickled that he got the money out of the man. He was positive he handed the money to Miss Nitkin if she was at the desk; otherwise he put the money in the drawer He could not explain nor could Miss Nitkin ex- plain why that item was not on the books. Furthermore he had charges of ss0 for expenses of one kind and another to chalk up against the concern but he had not time to enter this on the books either.
 Miss Nitkin was recalled to the stand to see what she had to say in view of Scholter's statement that he must have given her the go. and she said again that she knew noth- ing about it. At this Assistant Prosecutor McGrath asked her if she had not been seen last night and smilingly. she said she had not. Then he asked her if she was not the source of the complaint againft Scholter, if she. in fact, had not written to the company in New York that Scholter was robbing it here. At this Scholter's counsel. J. J. O'Neill. objected, and the question was ruled out.
 Mir McGrath then informed ths court that he had the greatest dlf- hculty in getting the evidence in this case and had hard work in keeping it after getting 1t, and evi- dently Miss Nitkin had been "seen'' by Scholter's friends
 The judgment of the court was suspension of sentence on the two counts relating Co the Huits of clothes and on the other four he was fined s7. s2s si0 and SIS. with the costs. amounting in all to t57t with costs. An appeal was taken. When Miss Nitkin presented herself to Clerk McMahon for her witness fee of 50 cents. Mir MeGrath would not allow her to be paid any, but he changed his mind. and after she had received her 50 cents. she burst into a laugh and left the court room saying So long. Mr Me- Grath"
 scholter was released on bonds of