New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-04
THE LATE DEFALCATION.
Second Days Investigation.

The examination OF witnesses, relative to the
late defalcation of Ray Tompkins, was resumed
Yesterday afternoon, before Justice Lothrop. The
room was densely crowded and much interest
was manifested.
The first witness sworn was Jonathan Nath1H.
H e testified to being brother of Benjamin Ma
than, who was examined on Saturday; that he Is
attached to his office, and superintendent OF the
indoor business; was said heJ sent, on Wed
nesdsy last to Mr.. Tompkinss office, for s3,362
so, for 100 shares Of Farmers Loan aud Trust Co. ;
it was about o'clock | saw Mr.. TOnpklns at
bis office aud asked him for a check for the stock
he said, Have you transferred the stock re-
piled, that l left my brother about going TO make
the transfer; he then stated that he had sent his
boy to the bank to get the check certified, ana
would send it as soon as he came IN then went
back to the office and stated our conversation 20
my brother, who Immediately went out maze
up the accounts for deposit about O'Clock, ana
Tompkinss check had not been sent In again
went to Mr.. Tompkins's Office, where found Ar,
A. B. Harrison, he being the only one there l
knew Mr.. Harrison told me that my brOtner hao
gone to the bank; l went TO the Union Bank, Dat
did not Gud Mr.. Tompkins there; then returned
to Mr.. Tompkinss Office, where | found Mr. lar,
rison and others; these calls were made before
o'clock l next saw Mr.. Tompkins at the Police
Court.
George N. TITUS, sworn.-I am Counselor at
law MIR. Tompkins is my brOther-ln law; my
father resides 10 Somers Westchester County
have within few days received some blils on
the Union Bank of the denomination OF Sl'oOoi
on Friday morning last my father who nad come
in town. gave me two 81, 900 bills on the Union
Bank to deposit, requesting me to get certlhcate
of deposit; he specified no bank, but presume
he knew that kept my account at the American
Exchange Bank; procured the certihcate Wnlcn
gave to my father received at the same tune me
from my father. in all $4,000 the other tour olils
were for 1000 each, and believe they were oil
the Manhattan B ank these l also deposited IN
the same bank and received certificates 70 tnat
effect which indorsed and handed over TO my
father the deposits were made In my name on
Friday morning, the 30th of January, Solomon
Kipp came to my house, e. Irving place, about
O'Clock In the morning and handed me an enveop
containing four notes of hand amounting in all to
g., 100; he stated that they were given him by
Ray Tompkins to hand to me memorandum
was inclosed directing that the notes were to be
applied as a security for note of $1,000 when
Mr. TOmpkius owed Cleaveland Titus for
money loaned to him some years ago, and
also as security for $1,000 due to myself; the
memorandum was, l think, In TomPkInss
hand writing, but no name was signed to 1t
one Of the notes was drawn by Seth w. Benedict
for $500 since the Goth of January l have re-
ceived neither directly nor indirectly any other
property on Tuesday last l was informed by
Mr.. Tompkins that good opportunity offered to
loan $4,000 to Kipp Brown; l conlulted my
partner on the subject and we concluded to let
them have the money; gave Tompkins, on the
2sth of January, a check for $500, and on re-
ceiving it he promised to send me Kipp q Browns
note be did send it by Archy on the following
day, with power of attorney to transfer certain
stock as security for the amount loaned.
Cross examined by Mr.. Van Buren, for defense.
There was no secresy or concealment 10 these
transactions or transfers know that Mr. I0mp'
kns owed my father much larger sum than the
S., 900 sent him by Mr.. Tompkins am confident
that my father did not press him for the money
| don't know that my father knew of his embar
rassment did not myself; my father protested
the most profound astonishment that Mr.. Iomp
kins had failed this was Thursday evening
he said he could not rest until he got some exPia
nation from me some five or six years since my
father advanced 10 Mr.. Tompkins about $1,000,
since that time he has let him nearly $4,000, for
which he took his notes Mr.. Tompkins lived IN
Somers about fifteen years last Spring be came
to this City two years ago this Winter Mr..
Tompkins wanted to give my father security, as
far as he was able and made over to hun Judg'
ment in the Supreme Court against Mlntherne q
Tompkins for about Sl,7O0; this judgment was
satisfied. ~
Direct resumed.-I had no intimation Of Mr..
Tompkinss failure until clock on Wednesday
afternoon, when / was informed OF the fact by
MIR. James b. Silkman. -
Ckas T. Kipp, sworn-Keeps public house
ner of Charles and Hudson sts Nj Hay Temp
kins was at my house on the afternoon OF w ed
ne sday last; a Mr. Fowler came In between
and O'Clock to see him; he was conducted to
private room where Mr.. T. was Mr. Solomon
KIM came there the same evening" and another
gentleman also came, and both were conducted
to the room where Mr.. Tompkins was sitting !
saw money on the table do not know how much
there was / have known Mr.. TomPkins person
ally about years.
Iokn TenbrOok. sworn-I am broker, and one
of the firm of Deproof, Hoffman Tenorook; on
Wednesday afternoon last our firm delivered 70
Raw Tompkins fifty shares Of Erie Railroad stock,
which was sold to him on the day previous for 60,
amounting to 81, 400 it was deliverable the next
dav. the next morning after the adjournment OF
the First Board, about l o'clock, he called at
our office and said he had q great deal to do,
and asked me to transfer the stock early
told him l was about making the trans
fers and would go with him to make It I'M
mediatelv We then went to the Office OF
the Erie Railroad Co. / went to the transfer
book to make the transfer of so shares to him
while was making the transfer he requested as
he was in great haste, to be allowed to make
transfer before finished all OF mine stepped
aside and he Immediately transferred the same
so shares to Z. w. Clark, Dodge Co. He then
left and finished nv transfers. When he made
the request of me to let him make his transfer ne
said he would send me q check for the amount.
On returning to my office check from him had
been received. 1t began to grow late and went
TO bis office. He was not there. l waited about
ten minutes. After o'clock again went to bis
office and received check which was presented
at the Bank. 1t was not paid.
s-
MEXICAN CLAIMs.-W Washington, Saturday,