The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-13

pr-,her or not Charles Katx had
.r- ~ /" do with the assault upon
~. L. CLARK. the note broker who
,.r-~i states evidence against Donald
ro--.- now on trial before Justice Mar
The supreme Court. District At
GOV Whitman does not know. hut he
a.- formed yesterday afternoon that
100 .1ting Clark got Saturday night
$50 80 -econd he had received within
sht.
TVr men attacked Clark in a Broadway
, . twn weeks ago. Mr.. Whitman was
,,d rscause he persisted in paying
attention tn a certain young woman.
Tho District Attorney knows the names
o. .ts men who heat Clark on Saturday
-. hut does not know 10 they were
10, .atna men who attacked him IN the
ark Mr. Whitman learned yesterday
49, y the company Of Miss Helen STILL
- On saturday night when he was as
{. I'D She lives at 2i7 West 10th
s-.st where the attack occurred. Mas
- son saw the men who struck Clark
Ia,x lives az .3S nine doors away.
Eaty Was arrested yesterday morning
~ ne charge OF felonious assault and
.1sn arraigned before Magistrate Barlow
ne Tombs police court was held In
., -ro for further examination this morn
e District Attorney whitman ap-
reared personally against him and
s.-Ad that the Magistrate make the hail
- r~avy AZ he could. The District
,r,rney hases hrs belief in KAtz's guilt
~ 'hs fact that an Assistant Dist
-
'.a.nething would he put over the plate
- lark
lark was not in the Magistrate
c-.~; when Katz was arraiRned. KatE
vas represented by Max d. Steuer.
Hs father. Bernard Katz. president
~ ne Eastern Brewing Company. was
n rourt Cash bail was deposited with
tho Cuy Chamberlain.
lSt after the conclusion 81 the police
court proceedings the trial OF PerSch
va resumed before Justice Marcus.
J,hn =. Mcintyre. counsel for Perrch.
ca-rA into the court room with a handful
n outings from morning newspapers.
NJ aid that District Attorney Whitman
IN giving out q statement regarding the
attack upou Clark had sought to prejudice
no case. and he wanted Justice Marcus
O. cAll Whit man before the Court and
maze him explain. Justice Marcus
h couldn't. Then Mr.. McIntyre moved
,ar a change OF venue and for the dis
cnarSe ot the Jury The motions were
denied.
When Assistant District Attorney Mott
t-gan to outline his case he was inter
united by counsel for the defendant
A. often that Il was necessary for Justice
Marcus to rap with his gAvel.
Mr. Mott said that the People. through
ark. would show that there had been
a conspiracy to get stocks from =. Angus
IL Heinza. Persch knew that Heir ~
wanted to borrow money. and with SheT-
wood KAtz and Clark concocted a scheme
whereby they could gain possession
Of Some Of the Heinze stocks. Psrsch
ard KAtz. Mr. Mott said. had sent Clark
% Heinze and the deal was negotiated
trough VI. NJ. Joyce. Heinze's broker.
md the Windsor Trust Company The
IU.tEO worth of securities were pat up
and the money. 10000. which SherS God
Lad obtained from L. j. Field a TO.
~ whom he was once employed. was
iIrned over to Joyce. The consplrators
then sold the stocks offered a. collateral
for about sIOO. 900 and after repaying
tield 5000 and q bonus split up the
balance Persch. Mr.. Mott said. got
SIONp. Katz. $1,000: Clark. nI.OO. be
sIdes HIS first commission Of 81 90. The
District Attorney has a check for 5000
earring Sherwoods indorssment and
made payable TO Persch and another
heck Tor $4,000 drawn by Sherwood
Ali indoraed by l.. J. Field. II was de-
fo-,ted with the PheniK National Bank.
When Clark took the stand Mcintyre
o. s.ctsd 10 ms testifyInK ESS cS;=:
to"s recess OF fifteen minutes and called
VI Mott into a private room; Mcintyre =
.-otIon was then denied and Clark pro-
cs.isi
he witness said that he was - years
. and a broker He had first met Persch
an katz some three years ago. he said
49, Nav they took Offices with him AZ
- Broad street. and paid his rent.
p,r.c.h. he sad had often remarked 10
100 that ne would like 20 get hold ~
'ua II Heinzes copper stocks. hs-ca use
b. thought they were good Investments
. .. mother time Per-ch had told him that
20 would raIse Si5.up they would get
rls Upper stock. sell II and split the
frs matter 81 getting stock from Heinz
nan 81 So $50 was first mentioned O.
... Ia his fice about the middle 81 last
The witness, Per.ch and hatz were
.a-.-t whs-n the conversation took place
\ Poo. n Clark said had figured on gett IN x
n. stock without boTroWing any money
..H 'r"v took the matter up with Matt
-. aid that they would have 10 get a
\ .-r. 200 act. and Clark -et out 70 ret a
.... % Perth ATniiOy 90 make the loan
Nr.u asked Why Il was necessary 10
| 90. bank TO act Clark replied that ne
\ s.-raf that Heinzs wouldn't borrow
/ .-oray except through a hank after
1 ,a' hey made arrangements TO get the
... turo'.g On th. Windsor Trust Company
Kaufman was brought into me
Il ts-s4ctiOn and he saw Stirring Hirmtng
.t.r Nhn was the loan manager OF the
.rmpany The result WINS that AT
...tiIon tor "A Ioan was made and
rfrusun received the following letter
NINnsoE TnUsT CoNPANT
Mutual Iife Building.
nassau and cedar Streets
N NEw YoRK. July ~. 100
ErstronH. EsI. - BroadwoU. Nee
b. ~.
n .s.r "a Ieply.ng 20 youT favor 81
.s- gsr- requesting that the windsor
'.wranv act for voU and Your ~tisni'
.annx q loan Of 5000 which has beer
vac ed between NO PRINCIPALS BY yOt
srrthsT broker. A. per the siatsnienl
-aHs % four letter ~ beg 10 state tha
acs-pt your proposal Il the follow