New-York tribune., 1902-01-19
SSg9RgIS SSPoRIS
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A CHANCE FOR MRS. CLARK.
TUESDAY TO FILE A LARGER BID
THAN FARRELLS FOR THE
EMPIRE CITY TRACK
EMPIRE CITY TRACK.

Arguments were heard yesterday by Justice
Keogh in the Supreme Court. at White Plains on
the motion made by Mrs. Mary S. Clark, widow
Of William H. Clark TO have the sale of the
Empire City Track 10 Frank Farrell. the pool
room king, set aside. Mrs. Clark alleges fraud.
collusion and inadequacy of price, Ex-Con-
gresham Adams and eX-Assistant District At
torney Mcintyre appeared for Mrs. Clark. who
present in the courtroom with her two little
boys Samuel ". Untermyer was counsel for Mr..
Farrell. who was also in court and frequently
posted his lawyers on points in the argument.
Mr. Adams submitted a large number of a1fi-
davits showing that the track cost Mr.. Clark
more than SS00OGO One of the afidavits
made by Mrs Clark. In it she said that she re-
ceived a letter from P. Dwyer offering TO pur-
chase the property for S450o00 If he could get
thirty days option Il. Mr.. Adams said that
on December p, when it was first arranged to
have the sale, Senator P NJ. McCarren was
present TO bid. and had certified check for
$4,000 to deposit. It stated that Senator
McCarren had made a private offer OF 100000
for the track and his offer was refused.
Mr.. Adams then went on to say that on No
vember 20 Farrell bought a judgment for $780,
600. which the mortgage owned by the
Washington Life Insurance Company. II was
assigned to John Heinrich. who. Mr. Adams
contended was really Farrell. and was paid for
by check on the New-Amsterdam National
Bank, where Farrell had an account.
Thus, said Mr.. Adams. Farrell virtually
owned the judgment and controlled the sale.
Mr.. Farrell and James N. Hunt, counsel for
creditors, called together the secretary Of the
Morton Trust Company and proposed filing a
certain agreement with a deposit Of certain
moneys for the benefit of certain favored credi-
tors of the Clark estate, but the trust company
refused TO accept the agreement.
Sc O. IA
came in. Mr.. Hunt the auction bid S216 600
and then Mr. Farrell raised the price to S21S-
600 Mr.. Farrell bought the track for that sum-
plus whatever he was to pay Mr Hunt and his
creditors, who had originally planned to pur-
chase the track
Mr.. Adams told Justice Keogh that he had a
bidder who would give $4,000 for the track
IL il We're resOld.
Mr.. Untermyer contended that Farrell had
purchased the track fairly and honestly. and
that there was no conspiracy. He said that
Farrell and Hunt never met until December 2S,
two days after the auction. He denied that
there had been any agreement Farrells part
providing for the payment Of 80 per cent Of the
full amount of the claims held against the
Clark estate by favored creditors, and said the
price not Inadequate
In affidavit Farrell said the track was
practically worthless for racing now. and that
1t would cost 5000 900 to place it in proper con-
dition. He said if title passed TO him he
would make the Improvement"
II a-ill give you until next Tuesday to file
larger bid and other affidavits," Justice Keogh
said Mr.. Adams and / will not pass upon
the case until next Thursday"