The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-02
The DefAleatien In wall strsss.
CHARGE OF YALsK PRETxNCEs AGAINST RAY roMr-
KNs-THR EXAMINATION OF WITNESSES.
Before Justice Lothrop.

CHARGE OF YAIsK PaErxSCEs AGAINST RAY roar-
KNs-THR EXAMINATION OF WITNESSES.
Before Justice Lothrop
The Police court yesterday morning, exhibited mere
the appearance Of beard Of brokers than criminal
court. The bulsn and tie bsars mustered In full
forcs, snd much excitement prevailed. The court
completely jammed; and not only were there
brokers present but large number of curious spects
tors congrsgated in court, with view Of locking ct
the magnet of attraction who completely victmised
the Wall street gentlemen out Of some $4,000 OF
$4,000. Soon after ten O'Clock, the prisoner entered
the room with his counsel, Mr. John Van Buren, Mr.
Cutting and MI Blunt the district attorney appeared
on the part Of the people. .
In few minutes after the magistrate took his seat
the room was crowded to it's utmost capacity. The
eyes Of nearly all directed tqWsrds the prisoner
who was seated, with downcase bpesrance, by the
ide OF his counsel Mr.. Stuart the clerk announced
to the magistrate that he was ready to take the evil
MT Van Buren,, for the defence then rose, and re-.
what charge his client was to BIO examined as, for
his part he had warrant OF arrest all that he
had been able to learn was, that Mr.. Tompkins had
been arrested by the order Of Mr. Mts the chief of
police, and when no called on the chief, he was re-
fsrred to the mayor and from the mayor he had been
sent up before the magistrate lie desired that some
Kind Of form might be taken in this case SO that he
would know hat to defend.
Magistrate As Mr.. Tompkins is already in custody,
it would be unnecessary to issue warrant of arrest
therefore, propose to go en- now, and take the evil
dence OF the witnesses for the and that the
defence can examine the wtness imme distely
wait until all the testimony is and then take that
course.
Mr. Cutting-If the defence would rather have the
parte afidavits made, do by drawing thenf
up In the next room and presenting them before the
magistrate but propose to take the evidence before
the accused, which, should suppose, he would like
the best he confront the witness the stand
and conduct the CROSS animation imm edistely. 1t
lie favorable to the accused.
Mr. Van Buren-As I learn by the papers this prose-
cution has been ordered by the Beard OF Brokers' IL
appears to be common interest
Mt. Cutting-As Tor my part have not heard that
the Board Of Brokers have ordered this
- for the papers, we cannot be guided by them; 1t
may possibly be true although / do not know the
fact. We assert that Illegal taking Of money has
been prsctised, and intend to prove it.
Mr. Van Buren-Well what is the charge you allege!
Let q little into the We dent want to be
playing dummies (Laughter)
mr.. Cutting My learned opponent need net be
fearful OF piaying dummy" it Is not in his way"
Usugbt.r) In the frat place, one charge will be
false pretencee; but should the evidence shsw any
other feorious oct, the prosecution will then take
Mr.. Van Buren, Yes, understand; you'll try to
dessmethng 2, no doubt (Laushter) 1 think it would
be proper to exclude all witnesses frcn the
cspt the one under examination
Mr.. Biunt-rhat is quite optional with the magis
trate. should not suppose that the counsel would
insist this request it e not at all likely that the
evidence of the witness will tend change the tssti
mony OF those to be examined.
Magistrate Il shall proceed with the evidence, and
I do any reason at the present etage of the
matter, to exclude any witness.
The first witness called to the stand Mr. Nathan.
one of the Board of Brokers, and . sufferer to tho
amount Of several thousand dollars
Benjamin F. Nathan being sworn, says II am .
broker doing bu,iness at No 81 Merchants Exchange
am acquainted with Ray Tompkins; he was stool
and exchange broker doing business In Wall street.
have had business transaction with him previous
80 this last sold him. the 28th Of Jan last 100
shares Of the capital stock Of the Farmers Loan and
Trust Conpsny deliverable and payable the next
day; 1t was made at the second board OF brokers' In
the roem Of the board Of brokers, Merchants, Ex-
change previous to my transferring the stock the
Goth, sent my brother, Jonathan Nathan, for his
Tompkin's) check for the payment Of the stock the
amount was So, 1872 50; II was O'Clock that
day; the Board Of Brokers adjourned that day
about halt past IL o'clock lad not seen rompkins
on that Gay p,sou; 10 senaps my sr9.nss a e b
that Mr.. ToDpkins told him that he had sent his
check to the Merchants Exchange Bank to be certi-
fed and that he would send 1t to In ten or fifteen
minutes, the boy would return With 1t;
/ then went and transferred the stock to Ray Temp
was done in the books Of the company; Iowned the
stock At the time transferred 100 shares.
Q-Whst induced you 20 transfer the stock
Question objected to by Mr.. Van Ruren; allowed
by the magistrate.
Ansver-Ths in 1ucement was because he sent me
WORD, or I was told he had sent his check for the
amount, be certified at the bank and 1t would be
sent TO me- after transferring the stock left II at the
office Of the company; Mr. Tompkins vas In the ONCE
at the time the transfer was made; no conversston
passed between us; he was not there when entered
and gave dreconsto have the 100 shares transferred
TO Ray Tompkins; on returning to my ONCE did not
md any certified check Tor Ray TompkiAs soout Two
found that no check has been received nom MI
Tompkins; then went to Tompkins' office; this was
ary half past two O'Clock; saw the clerk Of Temp
kins. and A. p. Harrison there; 1 demanded OF the
clerk the certified check for the stock he said Mr.
Tompk ins had taken my check, with others, TO the
bank to be certihsd and would be back in few mi.
nutes waited for ten minutes, and Mr. Temp kins did
not appear became very anxious for nay check the
s~{A wns.lA tn han anda = hat Ia
tanned him; the clerk left the ONCE remained in the
efhce, and i remarked to Mr.. Harrison has Temp
kins awsy,' MIR Tenhroek and myself, soon after
went to the Merchants Exchange Bank; on our way
there met the clerk, his return In Courtlsndt
street Who said Tompkins was not there went 20 the
bank and be not there; then returned ~ Temp
kris once. IL then being about three O'clock soon
after the clerk opened the drawer ana away back he
found several chscks among them was mine, made
my order for 50 3o2 so, not certified The
clerk took the check from the drawer; i then
To, S.A sa sns On M and ,hs answer
funds then returned back to fomp kns ONCE, and
Ninth orne rompkins and others In the once; Ray
Tompkins VAS not there; the next time saw Ray
Tompkins Thursday morning, at the police
court; the clerk alluded TO they call Arehy;n don't
prsssntsd ct the bank has never been paid; do not
BY my own knowledge, know what has been done with
the stock transferred; just vas lssviog after
making the transfer, heard Tompkins give some
directions to Mr. Boyd the transfer clerk bu; did not
understand what It was.
Cross examination, by Mr. Van Buren-I have known
Mr. Tompkins for aboat six months / cannot say
when he admitted q member OF the Board OF
Brokers' his character stood fsir for insgrity have
frequently heard Tompk In the board buy aud cell
stocks had 100 shares 81 the stock for sale at o7h
ssid this out loud; Mr. TOmpkins sat behind me Ut
the second board; Mr. Tompkins took the stock at
quarter advance the sale made en- Tuesday was
the owner % the stock but I. Was not In my name
had purchased IT that morning OF Ward Co sold
100 shares Of another stock to ia gger Clark. on
time, the tim. Transferred the stock to Temp sns
| also transferred 100 shares to Drew: Robinson Go
1 was much excited at the time; l got my check /
cannot say whether took the check or whether the
clerk Arohyn gave II to me.
Question, by Mr.. Van Buren, what right had you to
that check
witness wha. right had rompkins 20 my stock
Taught
The qusstion was objected to By the prosecution.
The agistrste allowed II.
A.-The right had TO that check was, that be
had my property without giving me any considers
ton; that 10 the tight claimed. daughter
Q.-Where IL the check
The vitnea here produced the check from bis peck
ct book and sad vent 10 the bank with the cheek;
10 after three o'clock the bank did not psy the
n hat bar dnr 10 rhs IL