New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-25
IRMINGHAM'S ATTACK
WRITES TO DIRECTORS.
Says j. j. Rollins MiSStated Trust
Com pany's Part an Joyce Loan.

pany at their meeting This afternoon, take some
decisive action explain away the charges OF
misstatement bunglirg in connection with the
Joyce loan that have been made against It's Of
hcials by Stirling Birmingham the discharged en-
pioye of the company, the designations of sew
eral members of the board are likely to be pre-
scented.
Birmingham. all along since his arrest for ac-
ceptng $3.50 for his part in the deal has felt that
he being made a scapegoat. In letter which
he yesterday afternoon to the board OF
directors. Birmingham accuses Jordan j. Rollins.
counsel and of the directors of the company,
OF failing 10 put the company IN the proper light
before the public, by not making ii straightfor-
ward statement of the Joyce loan when the case
was first brought 10 the attention of the District
Attorney He even characterizes the first explana-
ton OF the affair. which the work of MIR. Rol-
ms as "a misleading statement, full of evasion
and equivocation."
Birmingham sent this letter IN the directors of
The Windsor Trust Company yesterday:
on July % your company was approached
b,H Sh me as manager of the bond department,
that the co,anv ari ma with the pr0Po fnte
yir IN a LOAF, transaction. al the details of
win both the lender and the borrower. After due
SSUtTii,St TINS transaction cunsummated.
WirdI a ne week II developed the "Joyce-katz-
Tha i aIpSt case.
,,at pursued AT that time ceaT-u was 10
Iahe the public into its confidence and explain its
IL was natural. it would have inspired confidence
that Of IT'S onicias This course pointed out and
Urged IN the rooms of Jordan J. Rollins Mon
= Rollins John Alvin Young. MIR. Wheat and MIR
borg. treasurer of the Davis-Daiy Copper Com
pahy. a fieirze concern.
Of jordan J. RoIlins was accepted. and he prepared
Tshed dnaed 10 me reporters the statement pub
Ia aoa misleading statement fIed with evasion and
, That first step being false. every step on
bolster up those misstatements
IL IS for Rollins and Young explain their own
conflicting statements which We're exposed by
haufmanns evidence and the correspondence in the
matter But II is due to the directors of the Wind
ment If the entire transaction be made without
reservation asked to be permitted to make
ing one week ago This Mr. Young did not permit.
presented the matter ana that the committee had
been very nice about it
] now am ready 10 go before your board to ex-
plain every phase of the matter from beginning to
conclusion. The facts when made public will exon
crate the Windsor Trust Company from any wrong
committed or intended weif as myself. II is
proper that this information should be disseminated
by your board. Its failure do Will only COM
pei me to break the silence first imposed upon me
keep
LETTERS SENT AFTER DIRECTORS MEET.
Brmngham's letter TO the directors sent
after President Young had appeared witness
when Birmingham arraigned on the charge of
accepting $3.50 from Richard ). Kaufman Mr..
Young. accompanied by Mr.. Rollins. appeared in
court from a lengthy meeting of the executive
committee of the board of directors. which. IT
Is said. the two letters Of Theodore +. ShontS to
President Young demanding a public statement
about the Joyce loan received serious considera-
ton. He preceded the witness stand by
Richard s Kaufman, the broker for the lender in
the transaction.
From Kaufman Terence J. McManus Birming-
hams counsel obtained the admission that the let
asking the Windsor Trust Company TO act as
the clearing in the transaction had been pre-
pared by Kaufman and birmingham in the trust
company's Offices President Young who already
he aft IN hem at
birmingham. according TO Kaufman, that they
didn't need any written records of the loan. and if
they did he'd better consult Mr.. Rollins.
President Young testified that though Birming-
ham the manager Of the bond department Of
the Windsor Trust Company and had nothing to
do with making loans he Goung) first heard Of the
proposition through Birmingham. and so far as he
knew, every step in the transaction had been re-
ported to him by the latter although he did not
know August p the day the loan was effected
that Birmingham had received 800 from Kauf-
| He said he had instructed BIRMINGHAM 10
see Mr.. Rollins
Magistrate Barlow declined TO grant Mr. Nc
Manus's motion for dismissal of the complaint
and postponed the examination until to-day
While Brmnsham's case was being tried Walter
l. Clark Donald l. Persch and Charles Katz who
already under indictment in connection with the
joyce loan. were before Judge Muqueen in General
Sessions with their lawyers. The United States
Fidelity and Guaranty Company was ready to pro
vide surety for the appearance Of the three men but
District Attorney Jerome appeared personally and
opposed the acceptance of the bonds unless he could
have better that the indicted men would
be produced when wanted.
The circumstances here" said Mr. Jerome in
dictate that il might be necessary for us TO have
another indicted who has not vet been indicted
I have 10 believe also that if one or more
Of these men should turn states evidence it would
result in the inevitable indictment OF this other
man. and believe, his conviction"
WOULD KNOW INDEMNIToRs
Mr.. Jerome insisted that If the surety company's
who stood 70 Indemnify the company in case of the
on-appearanCc Of the men for trial. lie said he
did not Ia. take any responsibility I'm the case
he felt certain that the indemnitor was gravely
interested not in the appearance. but I'm the disap-
pearance IF the indicted men. This is indeed a
very strange proceeding" he continued: THE Dis
trct Attorney refuses to say q man prominent AT
tho bar in this city whether certain man IS 10 be
indicted or not Then suddenly after one man has
been sweating I'm the Tombs for weeks comes
his remarkable anxiety to him of the
Tomhs"
Mr- Jerome started for his office whittier he was
followed by the prisoners and their lawyers and a
representative Of the surety company Max
Steuer. for KATE and q. 5. F. Kleeberg for Clark
then offered 20 tell the District Attorney in con-
hdence the names OF the indemnitors and John F.
Mcintyre for Persch. made objection 10 the sug-
gestion- The counsel FOR the surety company was
appealed TO. but consulting his officers refused
20 make known the names Then Steuer and Nc
Inty conided the Mr.. Jerome and his
assistant, Mr.. Mott. and the bonds were accepted
upon the promise that Mr.. Jerome would have a
chance to-day to peruse the agreement made be-
tween the surety company and the indenlnitors
Clarks bail raised from ST. 600 to $50 900 IN
der the supersedns indictment as a second Offend
er. lie had a greeting for Perscb who
looked none the worse for his fortnight's soiourn