The evening world., 1891-06-15
PAWNED THE ORANGE GEM.
Grounds on Which CarrOll'S Claim To
the Diamond Is Disputed.
Litigation Over the Queens Famous
Present Is Still Unfinished.

Chapter two In the complicated story OF the
big Orange diamond, famous for its great size
and because OF having been once purchased
for Queen Victoria, was unfolded this morn
ing In the Tombs Court.
Joseph w. Carroll, the Duane street lithog-
rapher, is complainant against Charles Scale,
a diamond dealer at 007 Broadway, for the
alleged larceny of the big gem. saturday he
admitted TO Justice Hogan that he owns only
one-quarter OF the orange diamond, the re-
mainder belonging to Mrs. Madeline Bruce.
A bill OF sale, dated at Montreal Feb. IS, from
Mrs. Bruce to Carroll, for $4,000, was pro-
duced In court Saturday.
The defense requested the production Of a
second paper, executed on the same day, in
the nature OF contract which showed that
the ransfer OF the stone to Carroll was for
the 'urpCsc Of enabling him to sell and trans
fer t&lc more easily.
When the case opened to-day Lawyer
Mckelvey put the contract referred to above
In evidence. II permitted Carroll, who paid
$1,000 down for his one-quurtcr share and
was to pay $4,000 more after importing the
stone into New York from Montreal, to retain
possession Of the stone for purposes Of sale.
1t was stipulated that Carroll was to get
100000 duling the first two months he had
the stone for sale, $4,000 the next two
months and 100000 the last two months OF
the period OF six months; for which time 1t
was agreed that Carroll should have the gem
for selling purposes. Carroll admitted that
he had signed this agreement.
Have you ever tried TO sell this stone :"
asked Lawyer McKelvey.
81 have. ! visited 1iTany's, Theodore b.
Starr, klrkpatrick's and othor places"
"On or about June you learned that the
diamond had been pawned at Simpsons7"
al did"
"Do you know who pawned it,"
ut was my brother He pawned 1t at Will
lam SIMPSONS, 81 Park Row. He got 1t from
Newman.
"Was the stone pawned with your knowl-
sdgss'" ,,o, ,on. on,,,o,,. ,,,,,o,,, ,,. ,n,u,
edge. have no need OF pawning anything"
"What amount was loaned on the stone ("
asked Justice Hogan.
know only what was stated Saturday,
that o., 800 was secured on It,"
g. And you mean to have us understand that
you never authorized the pledging OF the
stone and did not benefit In the proceeds Z"
Justice Hogan asked
Eugene j. Quinn, bookkeeper for Carroll,
testified to the delivery OF the stone to Scale,
and also to repeated efforts OF Carroll and
himself to get II back from Scale.
William Simpson, Cf 81 Park Row, and his
clerk, John c. Smi h, Il 8 flied as TO the hy-
pothecating OF the stone.
3 Smith identified the diamond, then exam
: ined an immense book and read: "On May q a
diamond was pawned for $4,000 by person
Aamed Carroll, Duane street. on May 1t
was pawned again FOR S2,500 by person
named Carroll"
"And This Is the stone7"
~ think IL Is"
Lawyer Beall at this juncture called for the
dismissal OF the complaint and the discharge
OF the defendant on the ground that there was
no evidence u prove larceny under the code.
Mrs. Bruce, he claimed, is the proper person
TO have POSSESSION U1 II, In view OF Its having
been pawned Willie Carroll had 1t, and she,
Beall said, instructed Scale not TO deliver It
Nto Carroll.
i The case was again continued until o'clock
y his afternoon.