Page:Federal Reporter, 1st Series, Volume 6.djvu/772

 760 FEDERAL REPORTER. �With regard to thia interview, Mr. Schoenfeld testifies that Mr. Sharp told Shainwald that "it would be quite a while before the suit would oome up, and that he could flght it for a long time ; and that Shainwald lef t the office satisfied that he would have ten days, and that he would have enough claims from the east within that time to put the firm into bankruptcy. It was understood privately, however, between Newman and Sharp and myself, that instead of the usual ten days allowed on overruling a demurrer, Sharp should take only three days. Naphtaly told me he had fixed things with Sharp when he employed him. Mr. Naphtaly employed Sharp for defendants in the Lewis suit, and told me he had an under- standing to take judgment in three days after the overruling of the demurrer." Schoenfeld's Test. Trans. 613-14. The judg- ment was taken accordingly, �Mr. Sharp's assurances do not seem to have allayed Mr. Shainwald's apprehensions. He still continued importunate in his demand on Mr. Schoenfeld that he should at once go into voluntary bankruptcy. He had discovered that there were only three days in which to answer. Unable to find any pretest for evading Shainwald's importunities, Schoenfeld applied for advice to Mr. Naphtaly. Schoenfeld testifies that he was told by Mr. Naphtaly to "tell him (Shainwald) that Mr. Sharp had neglected to put in the answer; that it was an oversight of his which he discovered, and came to me not to take advantage of it. For God's sake do not let him get any papers in the United States district court before 10 o'clock in the morning." Trans. 617. �Similar representations with regard to the intended defence of the suit were made to Mr. Belknap, an attorney employed by the banks. Mr. Naphtaly himself admits that he reaUy intended to deceive Mr. Belknap in regard to the matter, and make him believe that Mr. Sharp was employed to defind the suit. Trans. 913. The bank, however, was assured that it should receive a pro rata share of whatever sum the goods might bring at the sale on execution. �I have entereJ somewhat minutely into these repulsive details of falsehood and deception, because they were neces- ��� �