New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-14
MTz DIDN'T HIT CLARK
District Attorney Says So and
Has Him Released.
INFoRMER CONTINUES STORY
Persch's Counsel Attacks Him
Savagely and Makes Him
Admit He Lied.


Donald Persch in the windsor Trust
loan case. but Charles Kat. who had
been held IN 5000 for the assault upon
HIM. was dismissed. when Katz APP
pcared before Magistrate Barlow in the
Tombs court early in the afternoon. Dis
uict Attorney Whitman walked in and
asked that the charge against him be
diopps6
Although the facts justified this ar
rest" said The District Attorney. Il find
the defendant was not connected with
this as sault at all. and ] believe he il
not guilty"
Nevertheless. il WAS understood that
the grand jury had noa dropped its in
vestigatispn into the assault upon Clark,
who has turned states evidence against
Persch. Kstz and sherwood in the Wind
sor Trust loan affair In the morning
the triad % Persch was adjourned early
10 allow Clark. Miss Helen StilbSop, q
former stenograTsler 81 ClarN's. MO was
with him when the assault occurred. and
the physician who attended CLARK 10
testify before the grand jury. Later IA
the afternoon Mr. Whitman said he was
convinced shat tbe assault was entirely
q personal affair. and that no blackjack
was used.
Clark's unbandaEed eye looked as if il
had met half way an unusually hard fist
and was now IN moUrninE-nO-hing
worse. Clarks two companions. VINO got
into a aght with him IN q hotel ten days
$50. called on the Distric1 Attorney in
The afternoon. the latter said. and tod
]. hal 4 E4s
trouble with Clark on SATURDAY evening.
Oaa 81 them. Air. Whitman sad, ao-
knowledged that he punched Clark, and
bota offered 10 tell their story before
sbe grand Jury. When asked for their
names Ar Whitman said.
a cannot give them. as the case is stiu
before the grand jury
Praise FOR Whitman.
NIX ID. Steuer. Katzs lawyer. said his
client had had Pinkerton detectives
working on the assault for him. In
court. when Mr.. Whitman asked Tor
katz's discharge. M. Steucr said:
II would ike 10 say that il is q great
blessing 10 the city Of New York that we
have q District Attorney So large that
when be finds that an error has been
made on his own motiou DE- asks fer The
defendants dischargo"
This was ia contrast 10 the severe
criticism Of Mr.. Whitman INDUCED in in
court the day before by John r.. McIn-
tyre, counsel for Persch. Mr.. Mcintyre
is understood. has IN his possession
material which promises developments
90 particular interest 10 the Windsor
Trust Company.
Tie got a chance yesterday in cross
Examining Clark 10 DO something besides
object to the questions Of Assistant Dis
trirt Attorney Nott IN his direct exam
nation. But first DE had 10 wait while
Clark told q his visits 10 Heinze and
he windsor Trust Company in aIrang-
ing the loan ol Sl0p0 on collateral. con-
eistiug ol ohio Copper and Davis-Daiy
stock valued an Sllo.ooo.
The lo-u WAS finally put through on
August = Sherwood. the witness said.
sook the $4,000 TO the Windsor Trust.
accompanied by Richard Kaufman. the
broker who got the Windsor Trust to act
az p clearing house. Henry Uhlman be-
fnc represented as the osteneible bender
Of the money.
J Went
up 10 Tfoinzo's Office. where ] met joyce.
an6 De paid me the S2T1 commission
agreed upon. Then ] went back TO my
Office. where ! met Porsch AMI Katz and
I-hln,an. ] gave Katz $1,000 which he
divided up by giving $500 10 Uhllnau.
500 10 kaufman and tho remaining 500
10 Persch. no and himself Outside the
Office I gave Pcrsch 500 Of the other
s. 90o ] had eft
What die Persch say" asked Mr..
Mott
He remarked. Poor kat"
Al this point young Persch leaned
hack in his chair and laughed.
Clark Details the "Divvy."
The next day. Clark said. Porsch re-
cei,-c5 - 400. the proceeds % the sale OF
600 shares of Ohio copper stock given
him Ia Sherwood. which DE deposited in
the Carnegie Trust Company. ON this
accouut the witness testified. Persch
-bea made out two checks OF S4SS a.
each. one payable to Clark and the other
f. Katz. Later. clark said. he received
$1,000 from Persch. which the latter
told him would Doe his share. Katz got
his $1,000 The day after from Persch,
according 10 the witness.
Before ] was paid the $1,000" said
t-la-il. sherwood had declared that n
must have an order authorizing him 10
eel he stock before De would turn over
the~,monoy. Pcrsch told him that it
wocld be- al right and that bic would
give il 60 him
Ar.. Mott tscn introduced in evidence