New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-13
CLARKVS STORY IN court
Grand Jury Hears Evidence
Against Men Who Assaulted Him
DETAILS OF LOAN DEAL
Names Men Who He Said Helped
Put II Through in Windsor
Trust Company.

Trust Company.
While the grand jury is considering
evidence to-day expected TO result in
the indictment OF at least three persons
alleged to be responsible for the MUIR
derous assault last Saturday night upon
Walter /. Clark on the eve Of his turn
ing states evidence against Donald
Persch. one Of the quartet indicted in
connection with the Windsor Trust
scandal. Clark will continue his story be-
gun yesterday in the Criminal Branch Of
the Supreme Court, where Persch is on
trial
He has declared that Persch. Charles
Katz. John l. Sherwood and he sue
ceeded in bringing about the loan in or
der that they might get possession Of
the stock, then threw il on the market
and divided the $4,000 which the stock
brought over the amount Of the loan.
Katz was arraigned in the Fombs
court yesterday morning and released I'm
$1,000 bail. Among the witnesses before
the grand jury to-day will be Miss Helen
Stillson. who was with Clark the night
he was assaulted. Two men who were
with Clark in the early part Of the even
ing are under surveillance.
IL was learned last night that Clark
had been assaulted ten days ago by two
men in the Hotel Knickerbocker. when
asked Il he had found a connection be-
tween the two men and Charles KaJz
District Attorney Whitman said:
50 ss ..s % Sc
interesting circumstance that KATE knew
that something was going TO be put over
the plate on Clark as he expressed it."
After he was bailed out Katz left the
Tombs court and spent the afternoon at
the Persch trial.
Futile Fight for Delay.
Most Of the day was taken up with OBJ
jections by John f. Mcintyre, counsel
FOR the defence, and arguments on points
raised by him. Mr.. McIntyre's motion
t. declare a mistrial on account OF the
events surrounding the apprehension Of
katz was denied by Justice Marcus
after Mr.. Mcintyre had attacked the
District Attorney for his statement given
out the night before. A motion for a
change Of venue also was denied.
Clark went on the stand ia the after
noon and told Of the alleged events lead
ing up TO the making Of the loan.
lie said he met Persch and Katz in
March, 1909. a month after he had
opened Offices at No. 40 Exchange Place
They rented one Of his rooms. Shortly
afterwsrd Persch, he said spoke ABOUT
n
stock through loan. The idea, he as
serted. was 10 loan 10000 on 100000
worth Of Heinze stock. but first they
had TO get a bank" He thought he
had solved this problem through the
cashier OF the First National Bank at
Perth Amboy. and Persch, he said, sent
for Sherwood
Sherwood deposited the money re-
quired with Kean & Nan Cortland.
Clark said, but when the latter demand
ed a trust receipt before they would per-
nit the transaction through their house
Sherwood withdrew the money and. at
the request Of Persch. held il for d few
days Il was during those few days
that arrangements were made for the
loan through the Windsor Trust Com
pany, the witness said.
All agreed, according 10 Clark. includ-
ing Katz. Persch and Sherwood. that
when they got possession Of the stock
they would sell il While Clark was
talking 10 Persch about getting another
bank L. act as intermediary Clark said
that Richard S. kaufman came into the
Office When told the need Kaufman
went away and came back afterward
with a letter from the Windsor Trust
Company. in which il permitted the use
Of its bond department for the transac-
ton.
What They Told Trust Company.
The appropriations made to the trust
company were that the two principals 70
the loan did not want 70 be known TO
each other: that Clark was acting for
the borrower and Kaufman for the
lender. The letter was placed in eu-
dence over the objection Of defendants
counsel. The letter originally indicated
the Katz Brewing Company TO be the
lender. but the name Of the company's
manager was substituted later.
Clark testified that he saw Mr.. Heinze
and the latter agreed 10 take the loan on
DaNis-Daly and Ohio stocks He re-
ported back 10 Persch. Sherwood was
sent for and they agreed upon Sherwood
receiving p per cent OF the profits"
The remainder OF the profits" the
amount which the stock would bring on
the market over the amount Of the loan,
was 10 be divided among Katz, Persch
and himself, said Clark, after deducting
brokerage fees and other expenses.
When Katz was Informed OF the deal
that evening al the Marquette Club, he
said, according 10 Clark, that Sherwood's
share was very high" but finally
agreed. At this point in Clark's testi-
rnony the court adjourned.
According 70 Mr. Motifs opening, Clark
is expected to show to-day how the deal
p-x.zxn