The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-07

TIA DssAlsatasa In Well ssrssss
rvIsTIsATIoN AGAINST RAY ToxPkINs, ON AN Al
LEGKD CHARGE OF FALSE PRETENcBs.
Before Justice Lothrop.
FOURTH DAY.
Again the mastering Of brokers and Others took
place yesterday afternoon, ct the hour desgna-
ted by the magistrate to continue the investtss-
ton pending against Ray Tompkins on an alleged
charge Of false pretenoes In obtaining about $4,000
from various brokers in Wall street. the Goth day
Of January last. Mr.. Tonpkins appeared as usual,
with his counsel Mr. John Van Buren, assisted by MI
Ogden Hoffman. Mr.. Cutting. ~ usual, represented
the interests Of the brokers' In conducting the prose
cution.
Oswald Camnann sworn-I am broker, of the
arm Of Cammann whitehouss; know Ray Temp
kns; have known him for several months; had a
transaction with Ray Tompkns solo him $50 shares
Of the farmers Loan and Trust Co., deliverable ct the
the stock on the 18th January; I saw Tompkins on
that morning during the Sst bos-d Of brokers, and
ns ia. told him
would like him to give notice at our office, ~ might
forget Ii that was all that occurred at that time;
Temp kins called a. Office about half past twelve
O'Clock, and asked II We would give him that stock;
said yes told keeper to transfer to Mr.
much would transfer 1t SOON he said 1t that time
ut the board, his clerk sick he gave that Is
reason for Wishing the stock r.nstsrrs SOON told
as possible; vent out about oae O'clock and trans
fered the stock to Mr. rompkins on the books at the
transfer office; the value OF the stock was $500;
then after transferring the stock sent for check
our clerk, william Leonard, came back witheut the
check We sent again to MI Tompkins' office for the
check by another clerk; he returned without the
check 6nslly obtained Tom pkins check about ten
minusss OF ocioek TINS check hsa been seat 90 the
check returned, no funds were In the bank on
the Saturday following saw Mr.. Tompkins standing
Cross ex amined by Mr.. Van Buren, Il have been
doing business in Wall street for the last twenty eight
years. 1 always considered the standing OF Mr. Temp
kns geod orr should not have transferred the stock
to hn IL We consider the broker in good standing 1t
usual to transfer the stocks and then send TOR the
checks we have heretofore received for stock pur
chased by Tompkins his certified check, although We
did not demand it; would have sold him more stock
three days credit which is considered cash tran
ssction.
william Reynolds sworn-I am a clerk In the Office
past; my business is collecting checks recollect
going Wednesday, the 29th Of January last, tor
check TO Tomphtns office for 81, 100 in payment of
$50 shares OF the Farmers Loan and Trust Company;
when went TO Tompkins' office, young man the
clerk in charge delivered to nae the check but before
ned the check not certified it was drawn by Ray
Tompkins; / handed the check back to him again;
SON, the bookkeeker; 1 returned again to Tompkos
office, at the request of Mr.. Wilson; went to tne
clerk, and asked him tor the check the same clerk
said IL not certified; / said I" give me the check
and will go an get il oertifed;' he gave me the
check, this before three O'Clock; Immediately
went to the bs NIX and the teller when presented it,
gave kind of negative sgn, which understood was
good;n don't think he said anything, but made
again the sane sign. Lsughter) then returned to
our Office, and gave the check to the boekkeeper.
A. d. Bradford, Jr., sworn says-I am clerk to ia
cob Little Il Co. stock and exchange brokers; have
known Ray Tompkins tor the last two years; saw
Tompkins at office the Goth OF January; about
IL O'Clock he and asked Mr.. Little to transfer
early, one hundred shares of the Reading Railroad
stock; Mr. Tonpkins said to me that he wanted the
stock Transferred early Tom pkins said he haa trans
ferred fifteen shares Of Delaware ana Hudson; un-
derstood i'm IL to Mr. Little; about halpas. IL
O'Clock, went TO rompkins ONCE for the check, in
payment Tor the hundred shares valued at 50 500
/ cav Mr. Tompkins standing by his bookkeeperi
think three other persons were in the Office at the
time handed the minutes of the sale Of stock; Mr.
Tompkins said his check was not certified; I said
would take It. and asked him, ct the same time, why
he did not keep his bank sccount In the street. He
replied that he had always kept his account In that
then handed me check; took the check and deps'
sited the same in our bank; think the check pre-
scented at the bank, about O'Clock; 1t was not paid;
paid Tor the fifteen shares Of the Delaware and Hud
con in . check for S20lo; 1t was given to Tompkins
clerk about ten minutes after that check believe
has been paid; IL wa, deposited by Tompkins In the
Merchants Exchange Bank.
A short REORGANIZATION, but nothing material
elected
Robert r. Kelly sworn .ays--I am one.of the nrm OF
Drew, Robinson and Co., stock and exchange brokers'
/ know Ray rompkins. On the 18th Of January We
lent Tom pkins atty shares of Erie Railroad stock it
about IL o'clock in the day. He wished the stock
transferred immediately, As he was in q hurry
transferred the stock to him about O'Clock. did
not receive any note security for it. On that day
gave him . check for SO $50 for ZOO shares OF the
Farmers loan ; 4 uOn kuoN Wuen tue Sale VI tuse
stock was made to mo; presume 1t either bouSnt
that day. or the day before, or before that sup.
i% t Iu, sSsss Ths las, ai%s .av Tompsns on
that day was about O'Clock. The Erie Railroad va,
worth about 81, 400 dollars
Croes sxamination--I cannot tell but what the
stocks might have been borrowed. What We call by
borrowing stock Is that II loan man 200 shares
Of Erie valued ut 81 400 he lie ssund to return me the
stock, or that amount In money"
Edward N. Hopkins sworn, says am Stock
broker Of the firm Of Hopkins and Weston know
u haA ffa Nt nm ny he
zeth May last paidhin for 20 shares Erie Railroad
stock and 200 shares OF Farmers loan. He returnsd
us the stock and paid him the money. The Farm.
es lean ana Erie vas tr anserred by and Lock.
wood TO our account. For this stock paida check
on the Pho nix Bank On that day MT Tompkias paid
ne loan OF 81 $50 securities received the day
befsrsS; the loan demand The Transaction was
made BY some one In our Office We frequently loaned
looked at, and frequently loaned him money
without scurity-such was our confidence In hisin-
tsrrity. don't know the contents OF the package;
y. only marked on It, Loaned 81, 400 to. Ray Temp.
kinsn At this tine another loan was standing OF
$500; We .till retain the securities ! have never
looked a. them; my partner has Informed me that
they consist Of Farmers Loan, and other securss
consider 1t to tall short soms VI bvo The checks We
gave were pay able TO Ray Tompkins.
Crosa exsminstio L have been In business about
ten years. II IL not customary TO pay for stocks until
they are transferred II Tompkn?had applied 70 me
should have cold IL 10 him; would on that day have
loaned HIN SIC, 900 security; would hare loaned
him 50 coo without security The stock hsd been
borrowed some time previous; he gave US no notice
that be would return the stock
Henry Morgan, sworn. ssys-1 am stock com
mission broker Il No 90 Wall street had business
with Ray rompkins on the .fth January last de-
livsr.d him 900 shares Of Farmers Loan ~ the OPP
ton Of the buyer, valued at S6.stO. On Monday,
the 21th when / offered the stock Tor sale In
the board; Tompkas approached me and said
he would take the stock, and wished me 70 say
nothing about II; when | ssked him what day
he would positively take It. being 81 his option 81
three days. he said Wednesday; nothing more occur
red until returned from the board en- tie 29th about
half past t~elve O'Clock; my clerk informed me that
Mr. Tompkins had called short time previous aud
requested an early delivery Of the stock which at
con Piled with; ira nsfsrred the stock to Ray
Tomrkips; Mr. Boyd VI. present the transfer clerk,
Who testified my clerk falling to get cheek from
Tompkips, called at his once sbou. t~o o'clock;
found one Ia the once. to attend to the bust
n.~; found In the Office Mr. Nathan aud Mr.. Ten
brock; ct three O'Clock, or little after. Ut Tomp
kline offce, the clerk handed me check for the
amount Of stock, this check has bsen protested
paid him that day for twelve shares Of the Rochester
and Syracuse Railroad amounting 70 over 800, the
certificate vss In his name; this stock think
purshsssd the day before. had other traasactio