The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-04

were they on seller or buyes, optonf A ON selers'
option. think, mostly. O. A. what periods OF ums %
what Is called .turns which made for thirty ana
sixty days mostly; some OF the sales may nrs
S SpSo short 81 70 h .us sales any Of he
40 000 shares Of new stockf A. NO ST. u "h ao oS
you first deliver any of that now stock on tnc 1v
OF December believe sir, was the nrst Y HOW lonk
had You had it in your prevoas to that time
A. Well. could not say Q Cannot you say now many
smo weeks s DO soa s aa we say
Did you receive II all IN the month o. rs
Whole Sss % ih.l n1f il as parcel.
Q. From whom? A. received II from NJ Tracy. -
Did he bring isIo the oicei Yes ST. wa 20 o ala
sharesY A. We kept them In our possession On
Q, Did you deliver out any Of them until the
:; s9A that p'o sgss%, NO. ns n. 1'
bis being your Office, and your delivering them out
had you witnessed the power OF attorney annexed a
many OF thsm-propery within the scope OF tho anda-
VII required BY the court-still DO not know
swer that question, srf A. did. Q When you do
livored them out Of your Office, did you deliver them
paruss pe cd YOU deliver hsS a. canuot tell
Q. TO whom did you deliver them' 4 Dn,
fsrsns persons Mention the nam as mama.
OF any onef A. We dellved some 10 BENJAMIN 3 Dick
nson O. To any one eisef A. think snail DO com.
delivery Of this stock as 10 who il went to- cannot tell
without reference TO the books Q. When you made
tho delivery did receive Tor the sockY A.
Wo did. O. What did you do with the money! We
deposited i in the bank O 10 what bankf A. We
deposited the checks received the bank whore
msanY A. Into the account OF our drm. Q. Did you
give checks to any person for the "a smoun,f
Tracy. I'd 4 Did you give your asn own checks 70.
all the amount that received for the $4,000 sharesP
A Yes. sir; all that was due on them. O How much
was due on them when you delivered the checks? A.
do not think can tell exactly. Q. How near can you
tell 4. We'll, I should think somewhere between sen
81 700 600 or $500 COO somewhere between s. 900
and 81, 500 900. @ We're they all delivered in one
check or 10 severa2 A. think there were two or
three checks drawn Wore they all 70 the order Of
full settlement OF your account? A. Yes, air. O. We're
they for the exact amount Of tho price Of the $4,000
any OF these shares delivered to replace the
borrowed stocki A. suppose Sol presume they were,
borrowed stockP A. No. Q How many were thus de-
liveredi A. cannot tell you @ To the best Of your
knowledge and belief were or we're not the por:
ton OF these shares delivered to replace the borrowed
stockP A. Well, some were delivered contracts, and
some on borrowed stock Q. How many on each, to the
think large part borrowed stock, but cannot tell
you Q; When did you make the sales OF 49, 000s
Of October 70 about the 2ath q December. q. Ia
what part Of the time this largest number sodY A.
cannot tell you without reference to my books @ Can
you tell whether all the sales that you made previous to
the 10th OF December fulned by delivering bor
rowed stock' A. stated that we had "turns;' that
meet those sales. Q. Where you had not made "urns'
were all the sales previous TO that time fulfilled by
lvsring borrowed stockY A. suppose they were. q
By whose direction did you make "turns?" A. Mr..
g time. Or wsro there general orders gwen
A. We got orders from day to day, or from time to
time q. When he began giving you the orders for
thousand shares OF the pu, upon the market
at some future timer A. No, sir. q When did you
first know that these new shares were TO be sucdf A.
When got the certificates; think that was the first in
formation had upon this subject or the rst knowledge
that had upon the subject q. Can you now, by 70.
feshing your recollection, tell whether you received
those certificates ten days before December 30S
A. could not say what time It WAS Q. Cannot you
month Of pecemberi a. | should think II might BE-
somewhere from the 18th to the 20.h cannot say;
cannot remember When you made the sales OF
stock for Tracy did know that ne bad the stock
delivers A. did not know whether he bad or rot
@ Did he toll you that he had A. No, SIR did not
decline giving any answer; must decline giving any
Information, ! think, in reference 10 that question
Q. You viii not answer whether you made the saos for
him for that amount without any margin without
any knowledge that he had the stock 70 deliver? A.
decline to answer that question. Had Mr.. Tracy
Yes oh, yes he had other accoantS O. Stock
counts7 A. must decline giving any information
reference to Mr. Tracy's business except far
connected with Rock Island. q. Had he any other
stock account in which there was entry of eae
purchase OF Rock Island stockf A. Not within the
time covered Q. Not within the LIST Of September
A. No, think not q. Had he any cash account with
your A. He had cash account 9 Had he any bal.
sales for him2 A. I have already declined to
answer that question. Q When he began the
think be was; not to my recollection. Q. When you
began the sales Of the forty thousand shares
ton O. Was he abort upon any other account except
upon the sales Of the fortynine thousandf A. At any
timer O. A. any time during the period Of these &C
sand shares we're being sold' Q. Yes A. do not
think he was Q. Nor SINGER A There may have been
sales made since. Q. Is ne now short OF stock A. /
|sss das a' 1: ' have assaa, a! spssasas SIR
which there sales OF Rock Island made think;
my impression is that have specified all Of them. O.
counts except upon this $4,000 shares' A.
There had been other sales made those other
counts Then he was short upon the other accounts
amountY A. cannot say. Q. As NEAR as you eau. A.
cannot give any further information upon that point
than what have stated Can you say whether he
was short 1000 10000 shares that day.
A. cannot state In reference TO that any further
than l have stated in reference to the sales. q
the 30th OF December he was short OF the STOCK
upon the other accounts to the amount OF over LOCO
shaves9 A. Some OF these accounts were apparently
short or stock. Y To what amount, Mr.. Marvin,
near as you can statef A. canno. tell you.
have been 5000 to 1000 shares. May there not
have been 10 600 sharesY A. Tnere not 10. 600
why you closed the account Of 600 shares and paid
the balance without closing up the other accounts A
That was an account by itsc sir; that Is ALL q Arc
the other accounts yet closed9 A. Mostly. Q When
did he provide for his sales the other accountsS A.
some Of the stock, as have stated sent in to
and the residue the most Of II, has boon bought
since; IL Is possible that IL may not all have boon
bought Q. Havo you made Tracy payment Of any
amounts upon the stock account the 10th or 0co-
Der except tho s40o which you speak Off A. pre-
sumo We have; 1 cannot remember, sir; / have no
doubt we have, but ! cannot say. Q For any con-
siderable amount A. cannot tell you. q Have
you paid him altogether, excluding this large
amount $4,000 since the 10Th Of Octobcrf A. pro-
sumo we nave, cir. Q. Have you ever made any sale
Of the stock Of the company for account OF the
pany itsof7 A. mover had any orders AS such from
the company, that remember. q Nave you
made any sales for OF the company knowingly?
A. 1 have had account open with tho company,
and received no orders from tho company. q
Or any agent OF the compsnYf A. A such,
SIR. Q. You have stated that In all cases Mr..
Tracy told you 70 make the uturns," that you
spoke Of did he tell you why no wanted them made
A. IL was done at my suggestion, sir. Y Did you give
any reason for your suggestionf A. Yes was borrow
ing good deal OF stock q Please 10 explain how that
would help your A. Well snosid have less amount
of stock 70 borrow. What did you pay for the urn ~
A Sometimes 10 done At tho price sometime