New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-15
CLARK AS THEFT VICTIM
Says Seven Men Stole Stock
That Cost Him $1,000.
HIS LAWYER PUT MONEY UP
lnformer in Windsor Trust Loan
Trial Tells Why He Did
Not Pay Back.

wv a o1Shs
In the closing moments ~ Yesterdays
session of the trial % Donald 7. Persch
who is charged with stealing $4,000 Of
1Eeinze's copper stock. n Vas brought out
that Walter ! clark. who Vas indicted
on the same charge. but turned states evil
dence. had obtained s. 900 from his counsel
=. 5. =. Kleeberg 70 use in stock trans
action snd later had told Mr KleeberE
tha; the stock IN question had been stolen
from him. naming the men he charged
with the theft
John = Mcintyre. counsel for the de-
fendsnt. gave Clark p nlerciless griIling
lie went AZ him hammer end tonEs fashion.
the object 81 HIS severe examination being
20 impesch the credibility % the witness
I5e also endeavored 10 show that Clark
had been the originator and prime mover
in the scheme whereby he. Persch and
kstz got control of the Feinze copper stock
which was pledged az collateral security
for a loan OF 5000 from, the Windsor Trust
Company. Although pressed hard az times
Clark kept cool.
The afternoon session was marked hy
continual wranglinE over legal points Mr.
Mcintyre objected 20 most Of the questions
asked by Nj. Mott. Assistant District At
torney. OF the redirect examination and
when overruled. as he constantly vas. took
exceptions.
Seeks 20 Discredit Clark.
BY cross-eTarninstion Mr. Mcintyre tried
20 discredit Cla-k's testimony by showing
that Il was 70 his advantage 20 turn states
evidence and testify against HIS former
colleague. To Offset this Nj Mott at
tempted 20 introduce = statement which
- ~ -
tho latter was his counsel and before he
had iecsded 10 testify for the state. Nj
Mott raid that that statement would show
that Clark was telling the same story OF
Tho note and stock transaction then as
now. After a long argument on the legal
points involved. during which the jury was
excused. n WAS finally decided 10 put or
final decision until to-day.
Katz. who Is also under Indictment With
Persch. was IN the courtroom and smiled
sppreciatively every time Mr.. Mcintyre
drove home a point.
Il was shortly before adjournment for the
day when counsel for the defendant asked
Clark n he had not got $3.50 from Mr.
Eieeberg for certain stock. Clark finally
admitted that HIS lswver had advanced his
3 90. He testified that he had not been
able - repay Mr.. Kleeberg because the
stock had been stolen from him. lie said
he had pa'd N.coo.
who stole the stock Numbered NcIn-
tyre.
Mr.. Sherwood. NJ. AIthaus. Of Boston:
NJ. Mccormick. % Philadelphia: Mr.
Draper. 81 Boston-there were about seven
in all"
YES. sir"
who did YOU turn the 35.oo over to-
Mr.. Mccormick"
What became Of the other = 400
y returned y1-2s0 20 KleeberE"
In reply 20 other questions from Mr.. Nc
lntyTe. Clark said that he had spent 80
the remainder % the t7.0eo-on Althsus FOR
his hotel bills. and so forth. in an endeavor
20 keep him here and recover the stock
lie said he did not know whether Althsus
had ever lived with Sadie Weston. who
charged Clark with stealing some OF her
diamonds. nor did he know whether he
had ever given her $1,000 In cash. he tes-
tined that Kleeberg had not allowed him TO
make any complaint against the persons
who ne alleged stole the stock from him,
and IN reply 20 another question said he
/ had never taken any bills out q Sadie
/ Westou's pockethook
I didn't expect him TO admit g." re
/ to-ied Mcintyre.
l q
and not wrangle took place. which ended
4 IN the justice saying that he wouid not
permit such behavior and in an apology
/ from Mcintyre
Light on $1,000 Transaction.
/ In regard 20 the 900 81 was stated last
evening that KleeberE advanced that
, amount 70 clark 20 get some stock in
I Philadelphia and carry Il 70 Boston, where
Il is said there was an immediate market
FOR - y was also said that Mr.. Kleeberg
had fled Hn attachment against Althsus
based on an AFFIDAVIT sworn 10 by Clark.
Mr. Mcintyre had marked for identidos-
ton q note mace ont 80 Persch and signed
Henry J-hlmar" The witness sVore that
he had never seen this note. but admitted
later that certain figures marked in pencil
or SIS hack were made by him clark was
asked 70 write his own name and Henry
Uhlmen" several times.
The witness admitted that ~ had visited
Persoh At his home after he had decided
p turn states evidence. but denied that
lie had told Mrs. Persch the note 7 got
r-hlr77sn 10 give Donny viii absolutely clear
him He admitted that he had been con-
zicted OF forgery, but later Mr Mott
brought out the fact that he was nineteen
Years old when the forgery was committed,
and that he had been sent to refoTmatorv
instead OF q prison for Il. Clark denied
enormously that he had implicated Kstz
IN the assault made on him last Saturday
evening he admitted that after turning
states evidence he had denied doing 50 70
persch and others lie also testified that
Karz stlu owned him money.
Have sou agreed 70 teetfy against
Katz7" asked Mcintyre
J have agreed TO tell the truth" And
this vas the only answer he would make
u-hen Mr. Mcintyre tried 20 make him say
he ass trying 20 escape punishment
clark firmly denied that he had once
beaten Sadie Weston until Fhe was un-
conscious or that he had ever struck her
a. al
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