The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-05-04
CHARGED WITH coNsPiRINo TO
orsHSHop ~ BANKRUPTCY
thty Witnesses Summoned From
MANY Parts Of Country to Testify
for the Government.

All Yesterday was consumed in the
second DAYS session OF the NAV term
OF the United States district court in
einpanelllng the jury and hearing the
49, OF tns United states against Abel
ana Israel Rosenberg. former Wheel
ing merchants. charged with conspir-
ing To defraud the trustee in connec-
tlon with bankruptcy proceedings in
sIltuted against the defendants in Dec
isIS, me charge is serious and upon
convection the defendants could be
sent TO long terms in prison. There
- considerable interest being taken in
the trial. The court room was crow ded
with spectators and about half a hun
ured witnesses who have been sum
moned, number OF whom are from
out OF town. while several are from
New York and the District of Colum-
bla: The case will be on all TODAY
ana Mi likely not go to the jury until
ate Thursday afternoon. according TO
Ohiteu states Assistant District Attor-
ney J. j. +. O'Brien. who is repre-
sentlng The government. Col. ]. Il.
Sommerville and J. Bernard Handlan
are looking after the interests of the
deiendants. Judge A. G.. Dayton is pre-
The case was. called Immediately
upon court converting al 10 O'Clock.
Messrs. SommerVille and Handlan Of
Tered demurrer TO the Indictment.
they cited large number of author.
lies IN sustaining their contention.
The court overruled the demurrer with.
out Attorney O'Brien speaking.
The remainder of the morning ses.
sion was spent in empanelling "A jury.
twenty jurors were drawn. eight OF
whom Were struck off the panel bv az.
torneys for either side. The twelve
selected were: George Anderson. a
oliver c. Haney, farmer: James r.
Garrett. farmer. Louis f. Lantz. oil
ana gas producer: Logan Wells, CON
tractor: Edward Litman. farmer: Jos.
I. Horner, farmer. Chas Aul. cleaner
ana dyer. William F. Conklin. confec-
toner. and Elisha Kraft. civil en-
gineer.
Afternoon Session
Following Judge Dayton passing upon
the civil docket 70 rthis term. the case
was was resumed Assistant District At
toruey devoted about an hour TO outlin-
ing the charge against the Rosenberg
brothers. He took mp from the time
they entered the clothing business here
! their alleged commercial transactions
curing the eighteen months they con-
Quoted the store In this city and their
h'lhg thrown into bankruptcy. followed
/ "N their alleged voluntary bankruptcy
| petition on the same day in December
1913. Mr.. o'Brien declared that the
=, hfrnntut viii prove that the brothers
did Conspire to defraud the government
IN their bankruptcy proceedings and
| NE trustee. who was appointed to take
charge Of the stock He further de-
clarcd that the government would prove
that Israel Rosenberg shipped thou
aus OF n1UArs worth OF goods from
me stock 10 his brother. Abel, at
! Georgetown. near Washington ID g
after they had failed that they had
when thrown into bankruptcy over SIS =
| 600 and when the trustees appraisers
Of the stock took invoice that there was
less than $4,000 worth 81 stock in the
store That Israel had shipped Abel at
Georgetown. SIS coo worth of clothing
and merchandise. MIR. O'Brien said thar
Abel had right To send hts goods to
20 georgetown, where his brother was
opening a store. but that he had no
authority to remove the goods after he
n@d been thrown into bankruptcy. that
-Nhel uled = petition IN voluntary bank
Iuptcy. declaring that he was losing
money when. the fact is" said Mr.
during his lsst Fix months in business
more as the previous six months"
Attorney Handlan speaks.
Attorney Handlan. for the defense.
IN outlining his side Of the case. said
mat there was only one charge against
VA. accused. that they had either con-
sptred 20 defraud or that they had not
hf tod OF the long and active business
career of tho Rosenberg brothers. how
they had honestly and successfully CON
years in this State. Including a ciotbing
f"uS" Tor many years al New Martins
VIE that they had paid out thousands
nt dollars TO creditors just a few days
toforc going into bankruptcy. and that
during Tho u months m business hero
they had paid out $40. 900 and m. last
month $4,000. previous 10 their going
70 th' wall. Israel Rosenberg was not
r\lnE very hard 20 get into hnnkrupt-
~. declared he. Mr. Handlan. IN com
'lusion showed tho good business roc
ord 81 the defendants and declared that
IN" defense would show that there was
no conspiracy 20 defraud
witnesses on Stand.
MT. haudlan was the first witness
nut on the stand by the goverument
re said that hc had in 1912 drawn up
w" agreement 81 Israel aud Abel Ro-
s"nberg 20 dissolve partncrship. I'm an
hrl'h. Don question from col
SouWerville. Tor the defense. ne said
lhat the brothers were willing 10 dis
solve partn ershtp and that Abel was 10
Work Tor Israel for $50 a month He
SAID the dissolution agreement was
drawn up by him on July \. 1912 and
mat ~ included the Wheeling. Cameron
ehi other stores owned by them
Attorney David 4. Mckee stated thai
~ was appointed trustee for Israel nm
der the deed Of assignment on Decenher
-i. 1919. and that he took charge 81 tho
property ~" following morning
nlfed states putty clerk George T.
BOYD said that tho creditors bankr,tpt
lttifion against Israel Rosenberg was
hlfd In his office DECEMBER % rafq
and that on January 2s 1914 R0senh,r,
was declared bankrupt Tho defrnsc
nhIer'rd 20 reading tho erhodut, in
BANKRUPTCY. which was oyorruied by tho
court " was shown that tho apprstse-
m"u' uf Tho stock was made ~ u.rrb
N IIn'. John IrIzAeii and tho late Caorra
p johns. VINO appraised tho stock NJ