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FRAUD CHARGED BY BISCHOFF PATRONS Savings Depositors Tell Whitman They Were Deceived by Double System. LIQUIDATION IS HELD UP Receiver for Private Bank Demands Stock and Bond of Solvent State Bank. Evidence, written and oral, has been received by District Attorney Whitman's office that the depositors in the savings bank of Henry Bischoff & Co. were induced to hand over their money in the belief that they were depositing In the Bischoff Banking House, a duly authorised and inspected State bank. Witnesses have testified that the two institutions, maintained in the same room. had the same set of bookkeepers, the same set of books practically and that not only literature and advertisements sent out in three languages proclaimed the private savings bank to be the Bischoff Banking House, but that a similar statement was printed on the passbooks themselves. Assistant District Attorney Colnan has these passbooks in his office as well as circulars and other documents. The same inquiry will come up in another form in the United States District Court on Monday, when argument will be heard on the prel.minary injunction obtained on behalf of Morris Deiches. receiver for the savings bank. to prevent the liquidators of the State bank from returning to the stockholders of the State bank their $250,000 of capital, which is intact, and the $100,000 bond filed with the State Comptroller. Mr. Deiches contends that inssmuch as the two institutions were 80 mixed the State bank is liable for the debts of the savings bank, which is a partnership. He will fight to get this money, and If he succeeds the 1,200 to 1,500 savings bank depositors will get the $350,000 they has on deposit in full. The Bischoff banking cases now absorb the attention of the United States court, the State courts, the District Attorney and the Consulates-General of Russia. Germany and Austria-Hungary. A host of attorneys, official and private, are working to disentangle the affairs of the two institutions. The original bank was founded in 1848 by the firm of Henry Bischoff & Co. The senior partner was the father of the late Justice Bischoff, who succeeded him in the control. The firm continued in a general banking, forwarding, express and exchange business until January 28, 1913, when James G. Meng and William J. Becker, having purchased the interest of Justice Bischoff. organized a State bank under the title of the Bischoff Banking House. As a State bank cannot conduct a savings bank, that adjunct officially was continued by Henry Bischoff & Co. All remained in the same room. Both institutions went into the hands of receivers, Mr. Deiches being appointed receiver for the savings bank in January of this year. The State bank was all right. Its depositors were paid in full very speedily and the stockholders were in a fair way to receive 100 cents on the dollar when Mr. Deiches made his application for his injunction. The affairs of the savings bank, however, were in a most unfavorable condition, and upon application in the United States District Court MacGrane Coxe was appointed referee in bankruptcy for Meng and Becker. It was asserted for these men they had lost everything through no fault of their own, having bought an insolvent institution under a misapprehension. Meetings of the ereditors were held, and as they were all depositors subsequently Louis Hoffman and Edwin C. Dusenbury were appointed trustees for them. William H. Bonynge of the law firm of Black. Gruber, Bonynge & McManus filed a petition in bankruptey yesterday against William H. Becker of the former firm of Henry Bischoff & Co. on behalf of several creditors. This is the partnership of which the late Justice Bischoff was a member. Mr. Bonynge explained that the old firm filed a $100,000 bond with the State Comptroller, upon which Meng & Becker, successors, conducted their private banking business. To prevent any technical point being raised the lawyers thought best to have the old firm included in a bankruptcy petition It does not affect the Bischoff estate.