The times and democrat. (Orangeburg, S.C.) 1881-current, January 21, 1908, Page 3, Image 3
PROBING DEEP.
Commission Trying to Corner Cer
tain Dispensary Grafters.
THE PROOF OF GUILT
Is Getting Stronger in the Case ol
Certain People Involved in the Dis
pensary Scandals?Morton A. Good
man, a Liquor Drummer, Was on
the Witness Stand. Some Tell Tale
Letters Read.
The old dispensary scandals are be
ing; ventilated again bv the commis
sion appointed to wind the institu
tion up. Morton A. Goodman, once
a liquor salesm&n drawing nominally
$5,000 a year with an unlimited ex
pense account was placed in arrest
Thursday at the instigation of At
torney General Lyon and the special
attorneys representing the commis
sion for the winding up of the af
fairs of the State dispensary. The
charge is conspiracy to defraud the
State. He subsequently offered a
cash bond of $25,000. The commis
sion examined only one witness Thurs
day. He came voluntarily to estab
lish his claim but left a prisoner.
GOODMAN'S TESTIMONY.
After being sworn, Goodman said
he had been a representative of Ull
man & Co. He declared that his ac
count against the dispensary is just
and is still due and no amount of it
bad beed paid. He said that J. A.
Braun, who was present, is a book
keeper for Ullman & Co., and had
brought the sales books for exami
nation. Goodman was then examin
ed by Mr. Felder special attorney
of the commission and interesting
statements were brought out by his
replies.
Witness said that he had covered
Ohio and a number of other States
for Ullman, including South Caro
lina. Had been with Ullman since
1904. Was formerly with the Com-1
monwealth Distilling company as
manager and president. Elected
president in 1902. Its office was in |
Louisville. Ky. The capitol stock
was $250.000 or $300,000. .
Mr. Felder insisted that Goodman
should say where he made sales for
the Commonwealth company outside
of South Carolina. Witness said he
could not remember, except the Say
annah Grocery company, and did not
remember why he sold that company.
Did not sell it Henrietta rye. Could
not say if he sold any one else Hen
rietta. Did not remember if he sold
Henrietta outside of South Carolina.
He was asked if he knew Mr. B.
Ehrlich, and he replied that Ehrlich
did business in Atlanta.
In Augnst. 1904, Goodman chang
ed ? his base of operations from the
Commonwealth company of Louis
ville to the Ullman company of Cin
cinnati. He admitted that he had
been given his new position through
the agency of Ben Ehrlich, with
whom he established a partnership.
It was brought out that the Common
wealth company existed largely upon
letter heads and that its sales were
made from a warehouse in Louis
ville, although it claimed to be in
the distilling business at Lexington.
In the interim there was great
trouble brought to the heart of Good
man. He wrote to his friend and
partner, Goodman explaining that
the Commonwealth people would not
- release him from his contract with
them and the awarding of purchases
at the South Carolina dispensary
was to take place before he could get
on his job with the Ullman house. He
wrote Ullman a letter urging that
the dispensary board be prevailed
upon through John Black, not then a
member of the board, to postpone
the matter of purchases until Sep
tember as the Ullman bids were
"very poor."
The board for some reason or oth
er did this very same thing. No pur
chases were made in August. In the
meantime, the Ulman company pro
posed a new bid. in which the prices |
on certain goods were raised. From
the time that Goodman went with
the Ullman company until the dis
pensary graft was made public Ull
man's business was a great success.
The Commonwealth company, which
had been doing- an enormous busi
ness under Goodman's nominal pres
idency, drooped to nothing. In the
meantime Ullman sold the State dis
pensary over $150,000 worth of
"goods" the first nine months that
Goodman was there, against about
$10,000 for several years preceding.
VERY POOR MEMORY.
Goodman exhibited a very faulty
memory. The commission was mov
ed to great sorrow because a man of
such aDparent intelligence could re
member nothing.
He denied that he had ever told
Black, Rawlinson and Wylie, the
three ejected dispensary directors,
that Ullmau & Co., and the Anchor
Distilling company were the same.
And yet it was shown by Col. T. B.
Felder that the very stationery of
the two concerns showed the same
address.
Subsequently it was brought out
that there was a third concern,
Strauss & Co., making bids to the
Stste dispensary and that this Strauss
was a member of the Ullman comp-1
any, all three concerns, two being j
"fak?s," submitting "competitive"
bids to the State dispensary. Wit- j
ness denied having any written
contract with reference to his change
of business in August, 1904. Later
the contract was produced and read.
Ullman & Co., had a copyright for
mula on "gin phosphate." It was
proved that there was much graft
in this brand of goods. Goodman,
under oath, had sworn to Messrs.
Lvon and Christensen that these
goods had been sold in South Caro
lina at a lower price than anywhere
else. Col. Felder put in evidence
Goodman's testimony to the effect
that higher prices were charged in
South Carolina "in order to pay for
special advertising." In Augusta,
1904, before Goodman got his new
job, gin phosphate was listed at $9.50
per case. In September the price
was $10. Five hundred cases were
bought from Goodman at the ad
vanced price. Retail dealers else
where were getting it for $7.80 a
case.
I did he have a pull?
Goldman denied that he had had
any special pull to get him dales with
Boykin and Towill.' ''How much did
you pay Mr. Boykin?" witness was
asked. "Nothing," he replied. "How
much to Mr. Towill?" "Nothing."
He admitted that he had lied if
he had ever written anything to the
effect that he had a pull with these
directors named. Col. Felder then
produced and read the following let
ter:
Distillery, Lexington, Ky.
M. A. Goodman, President and Man
ager the Commonwealth Distillery
Company, Incorporated Distillers,
Office 228 Second Street.
Louisville, Ky., Aug. 17,1904.
My Dear Barney: I do not know
that I was ever in such an uncom
fortable and mean position, ?s there
is a meeting of the board in Colum
bia, Monday, August 22. I would
to be there, but so far the company
have refused to let me off. I wired
to Myers to have them release me on
the 15th, but he positively refused.
Now, I want you to go to Colum
bia; be there Monday morning early;
telegraph Maj. John Black, 1007 As
sembly street, to meet you at the Co
lumbia hotel and do everything you
two can to have them to postpone the
buying until next month. I enclose
you copy of Ullman & Co.'s bid and
it is such a poor one that there is
very little for them to buy of us, but
if they are going'to buy get them to
buy of us the goods I checked off.
I want you to tell Boykin particu
larly my position and ask Black if you
should explain things to Towill; now
tell Boykin on account of my leaving
here on Sept. 1,1 would be unable to
pay any commissions for purchases
they make from the Commonwealth,
consequently under no circumstanc
es buy anything from them. You
might ass Boykin's and Maj. Black's
opinion if you should say anytning
regarding this to Towill.
I am also writing Black to 'meet
you and tell you what you should do.
You had best also show him this let
ter in case I overlook writting him
fully about anything.
I would, above everything else,
like to see them not buy and wait
until their next month's meeting.
Tell Boykin to please, under no cir
cumstances, though, to purchase any
Henrietta, apricot brandy, or bottled
in bond, and to save if possible, that
for us until we put in a new bid next
month. I wired him if he could possib
ly come here before the meeting to do
so, but not receiving any reply pre
sume he was absent from home.
Please tell him I shall come out to his
home some day before the Septem
ber purchase and will let him know
just when.
Now, if there is anything you and
Maj. Black don't understand, wire or
call me up. I guess if you want to
call me up on the longdistance it
would be best for you to wire me to
call you up, otherwise the message
comes through the office and the
people here will know*too much.
I do hope you will be able and suc
ceed in getting the buying postpon
ed. It has almost worried me sick to
be fixed with my hands tied like I
am, but I do know you and Black will
do your best. If anything unexpect
en occurrs that I can get away, but
hardly expect that to happen.
Went over everything with Strauss
Saturday; will fix the papers the next
timo I go up.
Trust you are having a pjood trade, j
As mentioned before, if you don't
understand everything wire me.
Sincerely yours,
Morton, A. G.
Since writing above received a tele
gram from Mr. Boykin; he couldn't
come this week, I am writting him
you would see him in Columbia. Also
remind Black to not forget the In
dianapolis people.
heavy expense account.
Witness denied that when he was
making the shift from the Common
wealth company to the Anchor com
pany in August, 1904, there were
any influences brought to bear to
keep the State board from mak
ing purchases. Later Col. Felder
produced a letter from Goodman,
showing that he did try to hold up
purchases in Avgust, 1904. The min
ute books were produced to show
that the board made no purchases in
that month, but that in September,
when he had landed in his new job,
Goodman sold large orders. In the
meantime Commonwealth business
dwindled away and Ullman's grew
apace.
"The usual commissions" in Good
man's singular letter was explained
j to mean the commissions to John
1 Black, agent, and not to the mem
i Uers of the board.
These commissons paid to some
body must have been very heavy for
j Goodman's expense account for nine
months, a copy of which was put in
evidence.
The statements we put in evidence
to show that there had been ?62,000
gross profit from the Ullman busi
ness in nine months, that $9,000 of
thisamount was normal expenses and
$43,000 was unaccounted for. Good
man had declined to make an itemiz
ed statement to his partners. Fol
lowing is the expense account:
Cincinnati, Juue 2,1905.
Mr. M. A. Goodman, et al.,
In account with Ullman & Co.,
416 W. Fourth Street.
Half Profits .$31,621.80
Half expenses. 21.655.59
$9.966.21
Personal drafts. $11,437.50
9,666.21
Due us.$1,471.29
Mr. Felder made a point out of
the fact that there were several
brands which Geodman got up. "Bul
ly Boy" and "Good Boy," etc.. al
most exclusively for the South Car
olina trade.
a righoeous protest.
Mr. Felder showed how after the
letter of Goodman written in Aug
ust, 1904. Ullman & Co.. got a
larpje order, whereas before that
time they had received nothing, and
this called forth a protest from the1
BIG SENSATION.
(Continued from page one.)
Mr. Stevenson was to get it?"
Mr. Roy: "I never met Mr. Mor
| chairman of the board, Mr. H. H.
Evans. This was put in evidence by
Mr. Felder, who presented it as "a
[remarkable document, a righteous
protest, set- forth in eight orderly
paragraphs conveying his indigna-;decaI on this Question."
tion to the people of South Caro- Mr- Nelson then examined Mr.
I Una." I Roy and brought out that no money
Mr. Evans said his protest "was had vet been collected by Mr. Roy to
'not made or based upon <-r by any be used in collecting the claims,
maiice or prejudice but simply upon . He asked what Mr. Roy knew as
business principles as each member to how his letter reached the com
of the State board is fully friends | mission. Mr. Roy replied he heard
and in perfect harmony. Except as it was ??nt by Mr. Mordecai to Mr.
to the business methods upon these Stevenson and that Mr. Stevenson
questions alone have we ever dis- i had sent a copy to every member
agreed." j except Mr. Arthur.
There were 700 cases of "apricot Mr. Nelson. "Did you have any
brandy" sold at the December meet- j agreement with any but myself as to
ing in 1904, Mr. Felder asked a,commission for collection?"
number of searching questions and
brought out the information that
this is not a distilled brandy but a |
concoction, colored and flavored
and sold at a high price.
"What is it worth," asked Mr.
Felder.
"Whatever I can get for it." an
swered Goodman.
An analysis of the purchases for
I this month showrd 400 barrels and
2,200 cases awarded to Goodman.
Witness denied that he got any
'rake off" from the Big Springs
Distilliug company also at this meet
ng. This company is owned by Sig
el Myer, an uncle of the witness,
but they were represented by Solo
mons. Witness admitted represent
ing an Indianapolis beer company,
but did not remember the prices or
the commissions. He had written
to the board to "remember our In
dianapolis friends."
Goodman admitted that he and
one Farly of Fleishmann & Co., had
entertained L. W. Boykin, then a
director, when Boykin went to Cin
cinnati with Commissioner W. 0 Ta
tum. However, Boykin had return
ed to them the price of his enter
tainment. "Did he have very much
Mr. Roy: "No."
Mr. Nelson: "Did you expect to
pay Kohn, Melton or any one else
but myself?"
Mr. Roy: "No."
On the redirect examination, Mr.
Lyon again questioned Roy as to
what his so-called associates were to
receive out of the plan.
Mr. Lyon: "You said your other
associates were not to receive any
thing. When will they receive any
thing?"
Mr. Roy: "Never."
Mr. Lyon: "When were they to get
it?"
Mr. Roy: "I don't know."
Mr. Lyon: "You mean Mimnaugh
and others?"
Mr. Roy: "I did not say that,
never saw these gentlemen."
Mr. Lyon: "What was Kohn to
get out of it?"
Mr. Roy: "I don't know. Can't
give you any information at all."
Mr. Lyon. "Was this plan done
with the knowledge of Mr. Robert
son?"
Mr. Roy: I don't think it was."
Mr. Lyon: "Don't you know what
Robertson knew?"
Mr. Roy: "He knew nothing be
trouble to get you to take it back, | yond that tne Dank was to be made
asked Mr. Felder sarcastically, and
everybody in the court room laugh
ed.
Mr. Felder stated that in Decem
ber, 1904, the distinguished chair
man of the board hau filed another
protest, to which he invited "pray
erful consideration." Mr. Felder
here read Mr. H. H. Evan's second
protest in which he protested
against the buying of goods that
was not needed.
Mr. Felder tried to brine1 it out
the depository. I drew up a paper,
and when Mr. Robertson saw it he
was opposed to having anything to
do with the attorney's fees. He on
ly wanted the banks regular charge
for exchange and refused to enter
into the first agreement. He ac
cepted the agreement to collect and
pay over the money."
No Improper Means.
Mr. W. D. Melton, the well-known
attorney of Columbia, was then
, i sworn, and he stated that he had no
that Ullman & Co had charged objection to telling what he knew
higher prices on wholesale lots on
every piece of "goods" to South
Carolina than in retail lots to other
dealers. He established this in sev
eral instances by the books of re
cord.
paid boykin and to will.
There was somewhat of a sensa
tion when Mr. Felder proved that
after a while Goodman and Ehrlich
had had'a falling out and that
Goodman had paid $500 for the re
jturn of a "price list." Goodman
forgot about or denied this until
the documentary evidence was pro
duced and then he remembered that
he had threatened Ehrlick with the
federal courts.
Goodman had denied having had a
written contract with anybody, but
his memory was refreshed with the
presentation of a copy.
Mr. Felder called attention to the
fact that Goodman and Braun had
brought here onlv the sales books
and not the exspense account books.
But from the sales books the com
I mission had scores of entries show
ing the State of South Carolina for
some reasons or other had paid $2 a
case more on some orders than small
dealers bad received. There was
a great deal of conclusive evidence
along this line.
B. Ehrlich, of Atlanta, testified
that he was engaged in selling liquor
for Uliman & Co,, of Cincinnati,
Ohio, and had associeted with him
M, A. Goodman, L. Mauheimer and
J A. Himmelbauer upon August 1904,
and July 31. 1905. During this time
large quanities of liquors were sold
the South Carolina State dispensary.
That he met M. A. Goodman several
times in the city of Columbia, S. C,
for the purpose of conferring with
Goodman and advancing sale of li
quors and for consulting and agree
ing upon the best plans for conduct
ing their business. That M. A.
[Goodman, his associate, deposed
j that it cost him a great deal of mon
|ey to get the business from the
South Carolina State dispensary.
I That Boykin and To will, members of
the board of dispensary directors,
were his friends on the board and
that he paid them to buy from Ull
man & Co.; and that in the course
of his association with said Goodman
as herein stated deponent received a
letter from Goodman with the hand
writing of Goodman on letterheads
of the Commonwealth Distilling Coj,
of Louisville, Ky., dated August 17.
1904. addressed, *My Dear Barney,
and signed "Morton, A. G.,' with
an unsigned postcript on the fonrth
page. This letter speaks for itself."
about this plan to collect the claims
against the dispensary. The propo
sition had been made to him to col
lect the claims for six per cent, and
he was to employ such associate
counsel and assistance as he might
select. Ho had severs1 interviews
with Mr. Roy and one with Mr. Les
ter. After duly considering the mat
ter he had decided not to accept the
proposit? >n.
Mr. Lyon: "Were you impressed
that improper means were to be us
ed?"
Mr. Melton: "Never at any time.
There was no suggestion of improper
use of money or influence. I thought
I could get a fair hearing before
the commission and there .was no
necessity for any proceedings in
Court. I understood that the only
matter of difference between the
commission and the creditors was the
matter of over-charges, which could
be adjusted. I got this from Nelson,
and he from Mr. Stevenson.
Mr. Lyon: "Were ycu familiar
with the Roy letter?"
Mr. Melton: "I was not. After I
declined to take the case Mr. Roy
asked for an interview with me, and
then stated he would write a letter.
I did not see the letter before it went
out or while I was Interested. I have
no connection with the matter now
at all."
Mr. Nelson then brought out from
Mr. Melton that he and Mr. Melton
had been in accord as to how the
case should be handled, and that the
agreement made by Nelson was the
same that was proposed to be made
with Melton.
JUMPED TO HER DEATH.
Rich Boston Woman Commits Sui
cide in New York.
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ORANGEBURG
SUBSCRIPTION AGENCY.
P. O. Box 64. Orangeburg, 8. O.
Mrs. Herbert M. Sears, a member
of a wealthy Boston family and
guest at the Hotel St. Regia, New
York, committed suicide Friday by
jumping from a thirteen-story win
dow.
Mrs. Sears had been a frequent
visitor at the St. Regis for several
years. She always went to the hotel
accompanied only by a maid and fre
quently remained there for several
dayB. Her actions were described by
the hotel people as erratic and the
maid always maintained a close
watch over her mistress.
The body of Mrs. Sears fell on the
roof of a four-story building adjoin
ing the St. Regis and the fall was
heard by residents of that building.
Mrs. Sears left a note for her hus
band.
The body of Mrs. Sears was dress
ed only in her night clothing and the
appearance of her room indicated
that she had been lying in bed read
ing. The door leading to the maid's
room was bolted. t
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The Times and Democrat
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