The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-04
THE CHICAGO AND ROCK ISLAND RAIL.
ROAD SUIT.

ROAD SUIT.
---~~>-<y.~s~~~~~-~~~~~--
Important Anitayit or Char 'es H. Mar
vine, Stockhoider-A History of the Dis
posai of the $4,000 New shares Of
stocik-Where the Proceeds (S4,9OO, 900
Went To.
Al the last sitting OF the referee appointed by the
Court to take dispositions in this much lgatsd and in
teresting case, Mr.. Charles R. Marvne examined
and the following testimony elected throwing
siderable light tho manipulations Of Wall street
speculators:-
TESTIMONY CHARLES r. MARvINR
The Referee to MIR. Marvine)-Will you be sworn
Mr. Marvine-Ir that is tho order or the referee, /
have no objection to make affidavit according the
order or the Court suppose it Is my privilege to make
affidavit; 40 not know what questions may be put
to me; objected the affidavit rendered to the
other day because not true In all its parts did
not suggest any alterations; I sent word could not
swear 10 ~; cannot prepare and submit such an am
dsvit a. suppose the order OF the Court will call
for.
The oath was then administered and the witness was
examined as follows by David ID. Feld:-Q. Have you
prepared affidavit TO submit to the plaintiffs counsel
on this occasion A. have substantially affidavit
for that purpose Icould finish II in few moments.
q. Rave you it win you2 A. Yes. Q. Have you any
objection to show II to mes A. 1t is substantially like
that lprOaa9cing paper Irepeaedl A. No, sir;
drawn not for mo; it is copy Of affidavit made
by my SON. have resd It over and so far as 1t goes,
q VIVA. is the difference between tho p-i six
accounts that are entered upon your books which
you Q. Who requested you TO keep the accounts in
that formp A. Mr. John +. Tracy. Q. When did he
tell you TO keep them in that form2 A. cannot tell
you. q. Can you say whether 1t in the month of
October last2 A. do not know that they all
there at that time @ When did he first give you in
sructions about making the sales which mentioned
in those accounts? A. That cannot tell you, sir;
could not tell you ~ TO any special day. @ Can
done9 A. My, impression is 1t was in the month OF
october. O. Was anybody present when he gave you
directions bu, you and hep A. / do not know that there
was. O. Do you remember that there was2 A. NY son
may have boon present; we had orders from time to
time TO soil stock. Q. Do you remember when he
gave you directions about these accounts? A. some OF
these accounts have been made quito recently within
month from this day, should think not since the LIST
any these accounts made after the Both of DecemberY
A. That cannot tell you. = In making these new
that in the old accounts7 A. No, sir. q How
many accounts books previous TO the 2Sth
Of Decemosr' A. ! cannot tell you. Q Do you
ketf A. think the 3otb OF December. O The stock
then fell very rspdly-ten per cent did II notf A.
and the next Y. We're all these accounts opened
previous to that time A. That could not cay. O.
To the best OF your recollection and belief have or
have not some OF them been opened since that time
A. do not think there have, but cannot say posi-
lively. q Do you remember his giving you directions
a.
tain order probably, and said to place it to such
account q What was the orderf A. cannot tell
such an account a. do not think he ala s when
he gave you the nrst order to open any Of these
counts what instructions did ho give your A. do not
know that exactly understand what you waut TO get
at. Q. When he opened requested you TO open tho
first OF these accounts what instructions did he give
your A. Well, suppose no gave certain orders and
told us to place to certain sccount; should say tue
orders verbal q Have you any written orders Of
hsY A. ] do not know, sir. Q. Did he tell you that
saIa hat MAI avyara hta an
account OF some one clseS A. did not ask
him. O Did he tell your A. No; he did not
no information whatever whether the sales
that you made and which entered In these
of ths company. his account some one
A. have had sometimes between that time and this,
undoubtedly. q WHAT Information have you hadS A.
Well, sir, do not know that can specify. q.
Have you been Informed that any other person than
Jshn H. Tracy has had an interest in these sales A.
do suppose that that within the scope OF this
order, between the parties IL Is my business
here a broker aud reveal the business OF my
clients, unless am ordered to by the Court; Of course
II l am, IL is all right. Y Have you had
any Information from John ,. Tracy that
any other :, person or corporation has had
very good reason 10 suppose that there was q. Who
had interest besides he A. Well, could NOT give you
satisfactory answer 10 myself upon that subject Q.
| you II you have received any information from
John i. Tracy respecting interest OF any other per-
son or corporation IN those sales A. have not known
anybody but John r. Tracy In those sales @ Tnat ID
not an answer to my question; will you please TO
answer tY A. Think Mr. Field that Is oil the answer
that can give TO that question @ Win you not say
whether you have had any information from Mr..
Tracy upon that subiectY A Well could not under
Scrs Mr. scy a"a mTass ns,e n navs
great many with him during the last -. VIII you say
whether you have had snv information from him upon
the subiectf A. have received information the
subject that made memorandum Of Q. Have you
rcceiyed any information from him upon the subject
II SlA' a. Ws m s oanno: s wS' what In
formation have received from him q Have you
received any Information upon the subject from him At
any timer A. think must decline to give any other
answer than what I have given in reference to
that matter: O. Have. you received any other
co. Rock Island and Pacific Railroad Company A. No,
sir do not know that have; have had very little
conversation With him or any other director Of the
Chicago and Rock Island Railroad Company O. Have
you received any Information on the subject Of the In
srss. those sales from any person other than John
70 give an incorrect answer upon that subject; 10 "
hardly worth while TO take down what Say. 3. Every
with any answer you please >. am thinking
wha. . say. 70 ropsaied) A. DO nOt think
these SIX accountsf A. That cannot Tell You. o Az
near a. you can from recollection A. The balance
the sales on the principal account for,y-nns thou
sand shares thors were some purchases made, pur
chases and rsssss-what vs call 'turns-so that the
aggregate Of sales that account appears larger but
shares O. What was the total amount OF GALES srolu-
sivs Of these purchasesf should think thousand
twelve thousand shares she stock was what We call
ssturnn-bought and sold At the same time Q
Was this whole amount Of sales mentioned
In those six accounts such that deducting
the slurnsn which you speak or theirs renamed
only a. 900 shares sold A. There wore othss
sass-othsr sales and purchases In the other accoun
Q How manyf A several thousand shares; could
there we're several thousandf 4 Some q them van
stocks thai were 70 BY other parties o 70 pull
70 this account A. Delivered that account wht
Dodge Co. Q Who else sent IN A. Well, $40 shared
OF sock think, were sent In by Mr. Tracy q. We'll
-haa A II uhoV
that 10 all q Tisn Including this LOO and the "a
how many snarss we're there sold, wbich az
mentioned II ths ave other accounts sxcludtg
the one In which there was the 40 600 shares Of baan