The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-11
The Wall Street Defa Ication.
Befo 70 Justice Lothrop.

this evening, pursuant to sd djournment. There
very full attendance of Wall street brokers' well
Of other ctzens which, with the heat Of the stove and
the change In the weather. made the uncomforta-
BILE, to cay the least.
John Westervelt, examined for the prosecution
by Mr.. +. B. CuttiDg-Is physician, and resides on
Staten Island; Is acqusnted with Ray Tompkins; he
Is witnesss brother n-av received from said Tomp-
kins after the 29th January to wit the 30h SO $50
in bank bills and my own note in his favor for $780,
which my stsck and rs shares Of Seventh Ward
Bank stock alse my own; that Is all received; the
value Of the Ocean Bank stock, at par, s5 COO;
believe was above par at the time six seven per
cent the value OF the Seventh Ward Bank was $50
each share 1t was about ten per cent above par;
ceved them from Solomon Kip, at the corner OF Pine
and Nassau streets In the bar OF house at the
northeast corner it was about O'Clock in the day
he asked me to walk with him up the street vent to
THE house with him; don't remsmbeS what was said
on our way; when we got to the house he told me
there was something wrong, and he then handed
the packsge With my name endorsed the envelope,
in the handwriting Of Ray Tompkins; the envelope
side from Tompkins to me; Kip said that Tompkius
desired him to give the package to me; there were
Manhattan Bank they may be all OF the Manhattan
Bank; viii not swear what bank they Of except
one, which was Manhattan; the $3.50 of the Mer-
chants Exchange Bank; the $3.50 put into my pook-
ct; the certificates Of stock l also put into my
pocket: lent them to him the Thursday or
on Friday previous to his failure; there blank
power OF attorney to transfer. The promssory note
was dated 18th January, payable ninety days after
January; think owed an the mon y az the tine.
cannot tell shy he sent the note back lie owed me
$1,000 and ! owed him $780, ! cannot say why he
sent the note back. He owed me the $4,000 since
May lsst; bad his bond 1t would be due next Nav;
It was for money lent never pressed him money
10 any one else after went home iorsed the re.
ceipt OF the money en- the bond supposed twas
to me In payment Inasmuch as l endorsed the pay
The bond. did not think IL necessary to re-
tuin It; II Is still in my possession.
Cross examined. The consideration for the bond
vac money loaned by me, 20 him The return Of the
money and stocks lett us in the same situation in
which We were before the me oney was loaned.
Gilbert examined-Is Of the firm Of iilbsrt John
ton; QA the 29th January last called at Tompk pkins
Office or leosbsres of Erie Railroad stock and 100 of
Reading stock: went there at three; did not ind him
there bis clerk, CT fone young man in the office
handed me two checks, not certified; took them to
tie MerehsDts' Exchange bank, asked tho cashier
protected
Cro,s .sanined-.. Does not know much about the
,tock transactions of the bsuse 1t is not in my de-
psrimsnt On the 18th he paid nae certified check
OF $1,000 or sl4tcoor stosk Of Farmers Lsan and
William Oksil examined. -witnssss ofice is at 27
Wall street; Ray Tompkins' was on the floor
witness occupied the 'front.' and he occupied the back
r6Cm dCes not know what time IIowland the clerk
came on the morning of the 2sth January; IL was At
least hsM Ap hour later than usual; received that
morning 81 ~ received four ne thousan dollar bank
bills and obs hundred dollar bill the tour hou-
rand dollar bills we're OF the Merchants Exchange
Bank; received them about one O'Clock; does not
know OF his having drawn checks the bank that
amount; called on him the Gay previous. and said
wanted III. money; l cannot say why he did not give
me certified check except that told him wanted
the bs; did net know ne was leaving the street until
be left sbeut two o'clock my partner met him; al
though saw him leave with bank book in hip hand,
yet thought he might return. but In about three
minues after heard he had left the street. solomon
hip vss there from twelve until three o'clock
little after according to my best recollection next
raw Tompkips that pigbt nc my iouse. In Lnmsrtiue
place; VAS IN bed a. the time got up came down,
aud saw Tompkins sud solomon Kip; he had direct
business with e that night nor indr-ct business,
cePt II was visit sno to know the reports OF the
street; the visit lasted about seven minutes Tomp-
kins lrfc first; Kip aid remained my dsoI romp.
hfns into bis house struck light, and la two
three minutes Kip ana followed We rem a ed back
90 give him opportunity of opening the DOOR after
W. got in we r,msinej halt a. hsur; had no b1s-
ness there: Kip and came out together next morn
irg, saw Kip and Tompkin at kip's house Tompkns
and walked down there; l went to zoe what
money Kip wanted; received S7l00 In PACKAGE
81 gwen TO me by Kip; 1t vas In his pss.s,sioa
when went into his that mcrning; it laid in
drawer, in his bedroom; Tompkins told me tina. Kip
,aid hsd better take III Kip nsseuted by nsddug bis
head; Kip ock cut OF tn. drawer ana ls1 it the
top Cf the bureau; Tompkins then stepped up, and
took In bis hand and gave to me; nothing further
vas ,sd by either TomI kns or Kip The cover OF
the package was here produced email piece OF
pare, folded up rs envelope open at both euds.
There va. an ebGor.ment In wiring on IN. back,
directing how the bills TO b. disposed n-y
that they were TO be deposited In bank, ana the
tiheste ,f d.posi cent 10 Thomas Hove Of Auburn,
TO ssccre lin against two notes which he h,i en-
oots,d fsr or given to Tompkius There we're ,even
bis OF slttO zach, CT the Greenwich Bauk. and one
eitO BILL Gees not recolrct What bank the last Of;
there were no other persons in the bedroom at the
time but my self Kip and Tompkns; the srlcer Was
down stare; did not ask any questions soout the
money there vas no explanation asked or given; 1
brought the money down to the Office put it into Al
Envelope, TO give {. MIR Williams, ron Auburn, who
would give IL to Howe; dses not know that Williams
was t.l-gTaphtd TO come down, but thiak. he vas;
thinks ~ss on the morning OF tbs 3lst he saw Isaac
Whlhns he wac customee OF Tompkinsi handed
him the 81 leo on that morbup, gave him no written
iphtruciious; merely told him to CIV. 10 TO Mr. Howe
knows nothing sbout the notes, does not know when
williams lsft after that IL only two days before
h. got the bills that LETT this city Albany; had
Lot any psrticu fo- not lodging the m0ney
seeoIcirg to the instructions. sftsr hearing o. the
failure, did not know pbst course to pursue In r.-
gard 10 the bile thought Hose himself might be
Gown .nd that 1 would give them to hmi at the
time OF receiving the SlCo received . package
addressed TO william Okel n Co, contsining s5Vo;
~ vas 10 nve bills Of 800 eseb. Does not rsoo-ct
the bank. II was given to m. BY Tompkin. Kip ssii
nothing; he LANDED me three packages altogether,
inoludipg the package "a $500 kp said nothing. bat
Tcmskns ,ad that Rip said (ths vi,nsss had better
tske them, upon which he handed them 20 me 1
don't think he aid anything else At tn time Wit
ns's dd not oTen the package In vhch the $500 vas
open II was that was In nury, comirg do ~n town.
y zen cane 70 the Once gave IL 20 my partner.
money and put ~ in an envelope. Has not the en-
v,Ipe There vss scme writing On II. Does not know
whose hsndvriting Il Wa IL vas instructiobs how TO
dnrese q The money There was $3.50 TO be cent 70
l.. B. Lent, Of Philadelphia sT5s TO Augustus Hunt,
uLo vas then in this city, and 500 10 Be cent to
pscssge with ss0o Thinks there was a .ip q paper
IN L. Does not knew What written the elip, Of
lsssF Lad no curiosity about u l am onsol. 70
icy Whistler there were am ether packagea In tho
drawer except the three ! received. On the same
afternoon -Asst Charles llps saw solomon there.
There we're a number thsre Chat did not kno~.
Crcsfexamfned Have knovn Temp xin. Tor eight
years cur houses ere hrse doors apart Mr., kips
houfs "a two blocks from our house pass HE house
evtry morning. coming dern town, and stop In htfei
90 his business d0sn town. / loaned T0mpki
$40 en- The 18Th; he paid ms tiito about ose
0'coek hat Cay, called him for v; " vas for
MONEY lcsnt5. 1ompkrs wts In the habit Of coming
70 1y heu.s every night btfofe the house closed; 1
tod him that it ~ sorted Gown town that be was
dsisutsr, and bad run away. aud that there was an
etheer In his house waiting Tor him. Tompsins saii
be would 90 IN end see him; he went In secerauglyi
I vent With him We found the ofhcer In bed asleep,
Iompkins ssid be would wake him up AMI BRING him
down; hip then wsnt up aud brought the othser
Gown, aud said he thvuld tske a drirk
Direct resumed.-As was coming hone that evening
ssw lady ard gentlemen coming out Of Tompkins,
hsusei " was between and o'clock; waited and
saw " vas solomon Kip aud his wife; kip said they
had been out 70 spend the evening with Tompkins,
snd that they bad found the thtrln there Prem