The sun., 1908-05-22
M'lNTYRE ARRESTED AGAIN
FRAUD ALLEGED IN CIVIL SUIT
AGAINST FIVE PARTNERS.

ties a. soon as They Got Thcnt-T. A.
and John G. Give Bail--Rirm's Assets
About no Per Cent. Of Its Liabilities.
Thomas A. Mcintyre. head 6f-the bank
rupt brokerage firm bearing his name. was
arrested again yesterday. This time it
was in civil suit charging the firm with
the conversion to It's own use Of $4,000
worth Of sectuities belonging to Frederick
W. Kavanaugh, manufacturer Of Water
ford, N. Y. John @. Mcintyre. q brother
Of Thomas A. and a partner in the Arm.
gave himself up. Both were bailed out
in 81, 200 each by thelr father. EVEN MoTntyre
Of Eberon. The civil proceedings are also
directed against George G. Ryan, Edward
T. White and Thomas A. Mcintyre. Jr.,
members Of the firm.
The arrests were made by Deputy Sheriff
Wagering on an order signed by Supreme
Court Justice Rock wo I'd Of Saratoga county.
Kavanaugh charges the firm with having
wrongfully converted 10 its own use 100
shares Of Missouri Pacific. 100 shares Of
Erie first preferred. 100 shares Of NJ, X. Il
T. common and 200 shares Of the preferred.
200 shares Of Cast Iron Pipe stock and $50
shares Of Missouri Pacific scrip
Prior to February these securities.
owned by Kavanaugh. were in the posses
sion Of A. o. Brown Co. Brown D. Co.
Ind bought them on Kavanaughs orders
and were carrying them with $s,s5S.32 still
due on them. On February Brown Il Co..
upon the request of Kavanaugh. turned the
stock over to Mcintyre h Co.. the latter
firm paying the balance Of ss,s5s.32.
Myer Nussbaum, Kavanaugh's lawyer.
laid yesterday that Mcintyre d Co. had
done this merely as an accommodation to
Kavanaugh, that Kavanaugh had never
had an account with them and that they
apparently desired to get him as customer.
kavanaugh alleges however, that on tho
very day after they got the stock they
began selling and delivering it to various
brokerage firms. He charges that the
100 shares of Missouri Pacific we're trans
ferred to s. I, Bloodgood q Co. on February
a. the 100 shares OF Erie first preferred to
Barton 4 Barton on February 10. the 100
shares OF NJ. X. b T. common to Asiel Il
60. on February Is. the 100 shares OF pre-
ferred to Jewett Bros. on the same day,
The 400 shares Of Cast Iron Pipe TO Alfred
Mestre 4 Co. on February rs and the $50
shares Of Missouri Pacific scrip to G. M.
Schott on February IL.
These sales and deliveries. the plaintiff
charges, were made without his authority
or consent. On April 70. four days after
Mcintyre & Co. went into bankruptcy.
Kavanaugh rendered s., go to the receivers.
representing the balance due on the securi-
ties, but they refused to deliver them.
He then deposited that amount in the
Merchants Exchange National Bank to
the credit Of Mcintyre 4 Co. and the re-
ceivers with the condition that 1t be turned
over to the receivers upon the delivery
to him Of the securities. The securities
ne values at $4,000.
Thomas A. Mcintyre was arrested about
] o'clock ut Miss Alston's sanitarium In
West Sixty-fifth street and was taken to-
the Sheriff's ONCE. Mr.. Mcintyre appeared
tn he considerably more at ease than he
was when taken from the sanitarium to
the Criminal Courts Building on Wednesday
to answer to an indictment for grand lar
ceny. AZ the Sheriff's office he got into
communication with his father at Elberon
over the telephone. The father is 81 years
oi hut he hurried TO- New York on the
FIRST train. joining his son at about $50
o'clock.
In some way of other word reached John
G. Mcintyre that the deputy sheriff was
looking for him and he appeared at the office
soon after the father had arrived.
The father put up IA security real estate
at 3os West Seventy-fourth street, which
he said is worth $4,000 and is unencum-
bered.
Thomas A. went back TO the sanitarium
as soon as his bail had been arranged. He
has been cited to appear to-day before
United States Commissioner Gilchrist for
examination In the bankruptcy proceed
ings Up to this time the receivers have
been unable to get him to appear. and IL
was uncertain yesterday whether his doc
tors would give their consent for to-day's
hearing
The receivers for the bankrupt firm
gave out yesterday tentative statement
amounting to only Ssis. .7Se. consisting OF
bsrships, estimated gross value, 10000;
OILS reColVdDio, ootiIndt0u COueCtiUiO
$40 600; accounts receivable. estimated COL
lectihle. sso. 1000; collateral pledged at banks
in excess Of loans, approximate. $4,000;
furniture. &c.. 5000; securities. 10000.
Against this total of tsi8. $50 are liabilities
aggregating s1,S7S, 600. With the expenses
Of the receivership deducted it looks az II
the Arm would pay less than 20 cents on
the dollar. rho total OF 500 900 In securi-
ties among the assets was figured on the
uasls OF closing prices last Saturday.
It was learned yesterday for the first
time that the Mcintyre firm figured promi-
nently in the United Copper situation which
started the Heinze-M -Morse-T Thomas outfit
down the slide. As q matter of fact Thomas
A. Mcintyre, 1t appears. and not Charles
W. Morse, was the man who started the
prop from under the United Copper pool.
Mcintyre 4 Co. was ono OF the brokerage
firms engaged by the Heinze interests In
their United Copper transactions. Mcintyre
Co., 1t was said yesterday. was carrying
about 1850 s..s-es OF United Copper for
Otto Heinze & Co. when the latter firm
conceived it's idea OF calling for deliveries
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