New-York tribune., 1910-04-12
Assault on Witness in PerSCh
Case AngerS Him.
THUGS BEAT w. D. CLARK
His Injuries Halt Trial and Dis
trict Attorney Starts
Investigation.

that the attempted murder" OF Walter
L. Clark. who had turned states evidence
and was the principal witness against the
defendants. was evidently one of the
means determined on to accomplish
this end
Nothing has so aroused the District
Attorneys Office recently as the assault
upon Mr.. Clark on Saturday afternoon.
As soon as Mr.. Whitman heard of it lac
lost no time in starting things" for ha
holds that if a states witness can be
successfully attacked by thugs on almost
the eve of the day on which he is to
testify for the state the moral effect
would be serious enough to have a most
material bearing on the future admin
istration Of Justice in this county
As d result of the attack and conversa-
uon overheard by Charles {. Mott. jr.. the
Assistant District Attorney. who has di-
rect charge of the prosecution Of Persch,
katz and Sherwood. Katz will appear i'm
the Tombs police court this morning and
the District Attorney will ask Magistrate
Barlow To hold him under bail until his
part if any. in the assault can be de-
termincd. Mr.. Whitman will lay his evil
denoc before the grand jury. The granI
jury viii also be asked to investigate
and determine what efforts. If any. have
been made to destroy evidence and cor
rupt Witnesses in the Heinze stock loan
case.
Mr. Whitman Angry.
Mr.. Whitman said last night:
The assault upon Clark was evidently
one of the means determined upon to de-
feat justice and was a bold and auda-
Cious defiance of the law. | propose 10
submit the evidence Of the assault upon
Clark to the grand jury for such action
as the evidence and the law may jus
tify.
-Tnis cause is going TO be fairly tried
in this county. and We shall prosecute to
the limit Of the law any person who may
attempt by criminal means 10 obstruct
the course Of Justice. The states wit
uesses are going to have the protection
which the laws of the state guarantees
to them
1t was due entirely TO chance that the
District Attorneys Office had clcw to
work on as soon as the news Of the as
sault on Clark reached it. on Friday
Mr.. Mott happened to 60 to Pomn'5
restaurant for lunch. He walked l. the
lavatDry To wash his hands
While I was SO engaged" ne said, |
heard Katz. who was also i'm the lava
tory. but out of my range Of vision say
TO some one whom / could not see tn At
they must put something over the plate
on Clark before Monday l plainly rec
ognized Katz's voice. but at the time
paid no attention TO the incident"
With this to work on Detective Fitz-
simmons was sent out yesterday io ar
rest Katz. He finally found him in the
Office Of his counsel. Max Steuer, at NJ.
10 Broadway. Mr.. Steuer called up Mr..
Whitman and promised to produce his
client in the Tombs court this morning
if the latter would consent not to arrest
him This offer Mr.. Whitman acc.I,tcl.
Last night Mr.. Stcuer said that katz
absolutely denied making the remark at
tributed To- him by Mr.. Mott ana would
offer a reward Of S1.OOo in the morning
for information leading to the arrest of
Clark's assailants.
Clark's Part in Case.
For some time Mr.. Mott had been try
ing to get Clark to turn states evidence
he WAS a co-defcndant with Katz.
Sherwood and Persch-and last week H.
succeeded. on the promise of immunity.
Saturday afternoon. and when he left the
criminal Courts Building he took a taxi
cab To his home AT No. 35 West 10th
street When he got ont of the taxicaa
he started to walk to his door Some
Thing struck him on the back of the head
and he knew nothing more until n,
awoke in his bed Ills janitor found him
living unconscious in the street and c.,l-
ried him int" the house. He was fear
fully cut and kicked about the head and
face The ianitor said he SAW two men
running down the street when h. pickc,l
Mr.. clark UP.
when the Persci case was called yes
torday morning clark was in no conGi-
ton to go on the stand. and the trial was
postponed until this morning. Mr Mott
told Clark on Saturday of the remark
he heard Katz make and warned HIM to
look out for himself but Clark laughed
at the idea that ne was in personal dan
ger. Detective FitZsimmous was as
signed TO guard clark yesterday. and
persuaded him to move To a hotel. where
he will live until the trial is over.
Mr. Mott said that on Friday counsel
for the defense called him up and asked
him II ii we're true that Clark had
turned states evidence and that he
had replied i'm the affirmative Mr.
Steuer said that Friday ne wrote To
the District Attorney asking him the
same question. and received reply
Saturday morning John r. Mcintyre.
counsel for the defendants. Pyrsch and
Sherwood. denied any knowlcrgc OH the
Part Of his clients as TO how or why
clark WAS assaulted.
Some time ago an effort WAS made to
save Katz from any consequences in
regard 10 the copper stock transa ctinn.
John B Stanchheld and George w
Young. a director of the Windsor Trust
Company and brother of its president.
called on MIR whitman and asked him
IL he would not consent 10 dropping the
indictment against Katz. as IL would