The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-05
SWEARS ZIEGLER HIT
HIM-BILL $4,000
Carols. Accusing Heir to Bak-
ing Powder Millions, Tells
of Talk Of Girl.
DENIES PROVOKING ATTACK

Was william ziegler. Jr.. heir Of the
baking powder manufacturer the man
who struck Max c. Carols. a process
server. In the New York Theatre Build
ing on May s, 1918. through nlisunder-
standing involving n girl? Carols was
asked this question many times In many
forms when he testified before trial in his
suit in the Supreme Court for 5000
damages from Zieger for the alleged
assault. Each time the process server
answered afiirmatlvely.
Careis charges thtt ziegler "vindic-
lively and without the slightest provoca-
ton did deliberately and in a brutal man
uer strike and beat the plaintiff on his
face and head"
Zlegler contends thai tho suit has been
brought against him as the result Of mis-
taken identity and in order :, find out
tho basis for the action his attorney,
Joseph r. Swan, got an order from Jus
tice Davis requiring Gareis to testify be-
fore trial before Francis S. McAvoy as
referee
In his testimony. hled in the County
Clerks Office yesterday, Carols said that
on the day Of the assault he went % the
New York Theatre Building at about
T. VI. TO serve papers In su.t brouaht
through Hellmuth Moerchen, as attorney.
against one ziegfeld, believed TO be
Florenz Ziegfeld. the theatrical producer,
He said he left the elevator at the fourth
floor and inquired Of a man he met Ia the
corridor where he could ind Room 8,
Tells OF BIow In Elevator.
Carols said the man he met asked:
what do you want here? What are
you doing here?" Gareis said he refused
to explain his business to any one but the
superintendent uf the building. lie said
the man then appeared TO become angry
and brushed against him with his Shout
der. after which Gareis started for the
elevator The man got in ahead OF him
and then pulled Carols In. after which he
backed Gareis into corner, hit him
several times in the face, and then said :
What do you say now?'
Carols said he demanded that the ele-
vator man take him where he could ind
-. manager Of rhe building but the
elevator man refused to let him Off a,
the ground door, although lie allowed
three other men 10 enter the elevator.
/ was assaulted" said Carols. and when
| again demanded to see the manager of
the building an elderly man who said he
Was the manager came up and asked
what wanted. l told him | was looking
tor Mr.. Ziegfeld. and he looked amused
and told me l wouldn't find him be-
cause he wasn't there any more. Then I
asked the superintendent the name of the
man who hit me. and he tried to smooth
Things over and told me IL was all mis-
understanding. l insisted on knowing
the name of my assailant. and he said
The man who hit you was afraid you
were going for his girl"
Carols said he then told the manager
that unless he got the mans name lid
would call policeman and have his as
sailant arrested for assault. AZ this the
manager replied that the mans name
was Thompson" Carols said he imme'
diately reported the assault TO his EN-
ployer. Lawyer Moerchen. who is counse
m the present case, but he left for Europ,
the next day and did nothing more about
the assault until he returned a few weeks
later when he tried TO locate the supposed
Thompson" and failed.
Picture Led Him 90 ziesier.
Then Carols said, he saw in a news
paper the picture OF the man who strucl
him II was picture OF william lie
gler Jr.. and the news article accompany
ing II told OF the millions left to Zieglei
by his foster father and also said Ziegle
was one OF the hackers Of the n1usica
comedy, Adele" which had proved
financial success The process serve
estihed that his lawyer refused TO draw
up the complaint in damage suit agains
Ziegler for the assault until Carols hat
seen Ziegler and positively Identified him