The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-13
AN AUcTIoNEER ARRESTED.

Grave Charges Against Albert III. Nic0
lay-Ho is Accused OF swindling by an
Old GentIeman-Summary of the Conn
plaint-FIeld to Ball In $4,000.
Mr. Albert H. Nic0lay is well known in this
city and vicinity as an auctioneer. He was very
much surprised yesterday by being arrested and
taken before Justice Gilbert, Of the Supreme Court,
Brooklyn, who committed him in default of $4,000
bail. The arrest was made at the instance OF Will
liam s. Roberts. who makes several grave charges
against Mr.. Nic0lay.
Mr.. Roberts, it appears, is an old gentleman who
has reached the biblical age OF threescore and ten,
and having some money, thought to increase his for
tune by operations in Wall street. He went to Mr..
Nicolay and engaged in several transactions with
him, in which he alleges that he was swindled and
lost his money in fraudulent operations to the ex-
tent OF $685. 900.
The complaint in the case runs in substance az
llows:-That Albert Ii. NlcoaY is stock broker
and stock auctioneer, and that he does business In
the city Of New York; that he being well &C
quanted with the par value Of stocks and bonds,
dealing as he does in them continually he (Wiliam
S. Roberts,, on the 25th of August, 1869, went to
him. and that defendant thereupon offered to sell
him eight mortgage bonds OF the West Side Eie-
waited Railroad of New York. which purported to
be secured on the real estate of said railroad, and
that Ncolay represented they were worth eighty
per cent Of their par value, and told plalntif that
they were much sought after and good, and that
the old issue OF the road was worth more than the
price Of the whole stock issued, and that he
was comforting favor on him by selling him SO
valuable stock. Relying upon these representa-
tions which he believed to be true plaintiff paid
therefor the sum OF So, 200, and that subsequently
the road was disastrous failure, and that he was
damaged thereby to the extent OF $4,000. That
again on the 26tn September 1870. In New York.
the defendant sold plaintiff eighteen certain nstru-
ments, which proved to be bonds OF the ST. Mar
garet Copper Mining Company. Of the denomina-
face, and said that they were better than bonds OF
the city of Cairo, ILL.,, and that ne further repre-.
sented that
LARGE QUANTITIES OF COPPER
were being constantly taken out OF the minesl
that plaintiff purchased eighteen bonds, paying
therefor $780, and that he subsequently found out
they were wholly without value and that he was
damaged thereby to the extent OF $4,000; that on
July 90 1871, defendant offered to sell planMtm aoo
Company, and that at the time he said it was worth
$50 per share, but that out OF his great friendship
for the plaintiff he would let him have them at $2d
per share, and that certain James Boyd was sent
to him to say tnat there was great demand 1or
saS for 400 anS rs per and that he
claimed damages to the extent OF $12 900 therefor,
as the shares were wholly worthless; thas on OCs0
fifty shares Of the capital stock OF the Lima Gasgns
Company for the sum OF $4,000; that the defend.
per share. and that he claimed $1,000 damages
therefor; and that paintf, IN consequence OF these
several falSe REPRESENTATIONS, ueWdnuS uamdScS IL
the sum OF 500 900 and costs in the suit
Attached to the affidavit in question, which
merely recites the facts they have been told, Is
another affidavit, which goes
MORE DEEPLY INTO THE QUESTION,
and which tells all the circumstances which ct.
tended the alleged swindling on the part Of Mr..
Albert H. Nicolay, and which are represented to
have been exceedingly ingenious and TO nave oc-
cupied great length OF time. The plaintin
recites that he fully believed In the integrity Of
Nicolay, who had w0rmed himself into the conn.
dence Of Roberts, and that only on being convinced
that he had been deceived did he bring his suit
against defendant, and he now prays he may have
Justice
Mr. Albert H. Nicolay, on the other hand, ex-
presses much indignation at the arrest and pro-
.ceedngs generally: He says the complaint mas
when the other side Of the question comes out IL
will change the appearance Of things very mate.
rally Mr. NicOlay was fully committed. sss%G