Page:Federal Reporter, 1st Series, Volume 6.djvu/770

 15& FEDERAL REPORTER. �lent designs of the conspirators were made mth the full knowl- edge of the respondent. He acted as their chosen and will- ing instrument. That the firm was insolvent he was well aware. Mr. Schoenfeld testifies that a few days before Lewis had Buggested to him and Mr. Newman "to go ahead with the business if we thought we could run it, and he would giv© us the money to keep it up for a year or two longer, and we could get in a large credit and then bust up." �The fraudulent designs of the parties, and the complicity of Lewis, are confessed by Mr. Naphtaly himself. He testifiea that Newman, Schoenfeld, and Lewis desired this attach- ment suit to be brought, and to secure ail the property of the urm of Schoenfeld, Cohen d Co., by means of that suit, and they ail acted in concert ail the time until Lewis and Schoen- feld had the fight in the office. Naphtaly's Test. Trans. 878-9. Lewis "knew that he was going to make more than his claitn, and he didn't want anything for outsiders." Naphtaly's Test. Trans. 881. By this felicitons epithet Mr. Naphtaly designates the whole body of foreign and eastem creditors, whose flhipments, arrived and to arrive, it was proposed to appropriate without the payment of a single dollar of the purchase money. The arrangement being thus completed, the $8,000 firm note in Bremer's handa was obtained from him, and suit was brought in the name of Lewis for $41,000, and an attachment levied on the stock in trade, on debta and accounts of the firm. No scruple or hesitation seems to have been felt by any of the parties, or their attorney, in making the allegations under oath necessary to institute these pro- ceedings, �, The seizure by the sheriff of the stock in trade of the firm rendered it impracticable any longer to preserve the secrecy which, up to that time, had been carefully guarded. The banks and the agent for the foreign creditors became alarmed, and pressing in their demanda that the suit should' be de- fended. The chief danger whioh threatened the suecess of the plot \Tas the institution of bankruptcy proeeedings before a levy under judgment and execution could be made. It was therefore thought that some show or pretence of defending the ��� �