The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-27
SUIT REVEALS HUGE
PROFITS ON RIFLES
S15G,0OO Made by Man Ar
rested in February for Beat
ing Board Bill.
LAWYER WANTS SHARE

Allegations that Ernest II. II. Wealth
erall, who was arrested In February for
, removing his baggage surreptitlously
from Reisenweber's while owing a board
bill there and who since was also prose-
cuted by the Endicott and Sherman
Square hotels, has since made profits OF
hundreds of thousands of dollars selling
war munitions. are disclosed In afil-
davits presented to SUPREME Court JUS
tice Cohalan by Joseph u. Baucus, a
lawyer at ll5 broadway.
Baucus sued Weatherall for the dis
solution of an alleged partnership he
tween them in selling war supplies and
asked for the appointment OF "A receiver
Of u bank account In the Metropolitan
Trust Company on the ground that
Weatherall was spending money lavishly
and allowing the business to be dissi-
pated. He got "A temporary injunction
from Supreme Court Justice Shearn re-
straining Weatherall from removing any
of the assets pending the suit and asked
Justice Cohalan TO continue the order
until the action Is tried.
After reading the aiiidavits submitted,
In which Weatherall denied that Baucus
was his partner, Justice Cohalan decided
to vacate the injunction and authorized
Weatherall to continue the business on
condition that he file a $4,000 bond.
Raucus had asked hat the bond be fixed
at $1,000 600.
Baucus. who was formerly "A law as
soClate of Senator Edgar 7. Bracket,
said in his affidavit that In the latter
part of 1914 Weathersii told him that
his relations with officers OF the British
and French consulates were such that
he could make sales OF war supplies
directly or on a commission basis to
those Governments. Baucus said
Weatherall was then IN an 'indigent'
condition, having 10 money and no
office, 80 The defendant shared the plain
tifrs office.
The business increased to such an eN-
tent that BauCus took a larger office at
ll5 Broadway. He said that In February
Weatherall told him that the business
had reached such proportions that an
arrangement should he made as to the
division Of the profits between them. and
Weatherall offered 50 per cent. Baucus
told him he would he satisfied with 40
per cent, and an agreement was made
on wat basis.
Raucus said he then introduced
weathcrall at the Metropolitan Trust
Company. where he opened an account
as trustee. and In order that Weatherall
might establish his financial standing
Blucus permitted hin to devote the first
profits OF their venture to the payment
OF personal Claims which REFLECTED on
his financial and personal status, in
tsgrity and honor" Baucus said that
after the profits had reached $4,000
he tried to get $500 from Weatherall.
and when the defendant refused to let
him have the money he decided TO sue.
In his answering afldavits Weatherall
said Baucus Is not his partner and that
although he rendered certain legal SER
vices he has been fully paid for them.
lie said that Austin, Nichols 4 Co, the
grocers. engaged him TO sell n large
quantity of rifles and that when he
found a purchaser the concern couldn't
deliver. He consulted BauCus. with the
result that the law firm OF former At
torney-General Carmody brought suit in
his behalf for $4,000 against Austin.
Nichols a Co.. and an agreement was
made by which Baucus was to receive
a quarter Of any amount recovered.
Weatherall says an offer to settle for
several thousand dollars had been made.
but II was rejected.
Baucus says that In June Weatherall
gave n financial statement TO mercantile
agencies in which he said he had made
profits OF $4,000 w TO May 81 last
and expected to make $3.50, 600 more on
contracts signed but not yet filed.