Page:Federal Reporter, 1st Series, Volume 4.djvu/32

 IS FJBDERAL REPORTER. �be held on the twenty-eiglitli, twenty-ninth, and thirtieth days of July last, at the high-sehool building in the city of New- ark; that many of the members of this association were customers of the defendant, and in the habit of purchasing books of him; that the plaintifif and defendant had a lawsuit then pending in the supreme court of the state of New York, growing out of some business transactions between them; that the plaintifif, desirous of removing said controversy into this jurisdiction, and conceiving the notion that the defend- ant -would attend the sessions of the German School Associa- tion at Newark, proeured a summons from this court and took it to the United States deputy marshal at Jersey City, gave him instructions in regard to its service on the twenty-eighth of July, and introduced to the marshal a gentleman, whose name is not known, who knew the defendant by sight, and who was to accompany the ofi&cer to Newark to designate to him the defendant ; that they went to Newark on the af ter- noon of the 28th, and were joined by another man, called. "Charley," who was also to aid the marshal in identifying the defendant ; that they visited the convention on the twenty- eighth and twenty-ninth of July, but failed to find the defend- ant, one of these men paying the officer for his attendance on the last-named day, and promising to give him notice if his attendance was desired on the nest day; that he was notified to meet these men at Newark on the afternoon of the 30th, when the defendant was found and the writ served; that the defendant visited New Jersey in consequence of having re- ceived at his place of business in the city of New York, at about 1 o'clock p. m. of that day, a telegram of the following �iieiior * �"New Yoek, July 30, 1880. �"To E. Steîger, 25 Park Place, New York: Please call at headquarters of German-American teachers, at 842 Broad street, this afternoon, �[Signed] "W. I. Eokoff." �—that the W. I. Eckoff, whose name was signed to the tele- gram, was a German teacher, and president of the convention then assembled at the place designated, with whom the plain- tifif had a casual acquaintance ; that the telegram was not ����