New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-20
CALLS CUMM|NS A THIEF
Counsel Replies Whitman'S Open
ing Speech Is InfIammatory.
BRADLEY MARTIN, JR., HEARD
Only Witness Yesterday in Case
of Former Carnegie Trust
Company Financier.

I
William j. Cummins, who ruled the roosf
! in the heyday Of the Carnegie Trust COM
psny. heard himself denounced as com
MON thief Yesterday. The Supreme Court
room over which Justice Vernon VI Davis
presided contained a comfortably large
gathering Of Spectators. who listened In
/ tently 10 the District Attorneys opening
address. in which this denuncietion oc-
Cured Mr. Cummns himself with his
/ hand 10 hts ear, that not a syllable might
escape him. listened without stirring or
changing his expression. though when Mi
/ Whitman had finished he Seemed little
pale FOR so FUN blooHed a hlg man
big Bill Cummins is accused Of CON
varting 70 his own uses $4,000 lent by the
/ Nineteenth ward Bank in trust 70 the
| Carnegie Trust Company. When court
opened IN the morning the Jury boK lacked
ono Of a full quota. although two DAYS had
been consumed I'm the examination ~ ~
talesmen The dismissal 81 three NJ the
eleven already chosen further DELAYED the
opening. hut by 1910 p. IN, when the
morning session broke ~. the jury com
priyed twelve substantial. respecta bic bust
ness men. two or three Of them as big and
hearty Hs Cummins. He said he felt well
satisfied with them, emphasizing the fact
that they were respectable looking" The
District Attorney also was satisfied. for
he knew he could present hts argument To
them without undue elaboration.
Common, sordid, Crude Steal"
Nevertheless. the process consumed an
go.
ATTORNEY felt q necessary 70 explain that
the alleged conversion Of the money,
through check Endorsements and 50 on. was
nothing more than A common. sordd.
crude steal" IN spite ~ its complications
There wasn't any conspiracy TO ruin
Cunmins." said he 40 conspiracy was
necessary He was running himself like any
thief"
Max n. steuer, counsel for Cummirs
Jumped M as soon as Mr. Whitman had
sat down. 10 object 10 what he called an
.fnAammatory trade not a cool state
rnant of a case" He asked Justice Davis
to dismiss the jury In consequence, but the
Justice overruird his objection.
Bradley Martin. IT, president NJ the Nine
tenth Ward Bank. the only witness called
meeting Of the Nineteenth Ward Banks d.
rectors al which this loan was authorized
and the four checks with which It was paid'
the defence Conceding everything. He also
gave in substance his conversation WIN
Cumr1ins regarding the necessity for the
loan and the trust agreement after the
court had overruled Steuers objection 10
his testimony.
on April %. 1910 the District Attorney
sxpla med the Nineteenth Ward Bank. or
which Cur7rrins was n director lent $40
600 n the Carnegie Trust Company in trust
IN take M certain outstanding notes of
Warner Van Norden and Warner NJ van
Nnrden secured bv stock Of the TWelftn ana
Nineteenth Ward banks. These Van Nor
den notes we're held ny various banks IN
town which threatened 20 close them out
and dump the collateral on the marker.
proceeding which would have hurt seriously
the two banks mentioned as we'll as the Van
NordAn Trust Company. which controlled
them. and the Carnegie Trust Company.
which controlled the Van Norden. Martin
and Cunr7ins agreed. therefore. that the
Nineteenth Ward Bank should lend TINS
money ~ release mr. buy this collateral and
prevent tie depression.
Says Checks Went Astrsy.
The District Attorney went on N say that
al four Of the checks reached the Carnegie
Trust Company. but that instead Of finding
their way into its trust department they
Autterod into the deposit account Of the de-
fendart Then he enumerated the uses To
which the defendant had put the money IN
leu OF paying of the Van Nordeu notes.
some Of Il even going to pay M loans n
Cummins and Reicnmann at the Nineteenth
Ward Bank. according N Mr. Whitman.
.'Tf this transaction wasn't ~ criminal Il
would be lausheble," said the District At
torney. Suppose man stole your wallet
with $3.50 in It 70 pay you a debt he owed
YOU of $50. That's Just what happened be
tween Commns and the Nineteenth Ward
Bank"
The bulk 81 the moHey, II is charged. was
used 70 discharge unsecured notes Of the
defendant and his business allies. notes
which the state Banking Department had
been severely criticisng.
The members Of the jury are.
Estey p. Dayton. manager, no. 81 Edge
ccube avenue; Frank J. Adams, manager
lehman brewer. No. 10 West Sbth
street. Caleb g. Hunt advertising, No. 81
West 10Th street. William Sherwood. roofer.
No. 1883 Third avenue Floyd Nicely.
salesman. 40. 10 Livingston Place stew
arr a Airar granite No $50 West oath
street Paris NJ Fletcher. president No. 1873
Manhattan avenue Lawrence Ottinger.
president. No q West 18th street Charles
y Euicoft. coal No go West 93d street
7 McFarlanA Tappen. drveoods no 263
West 72d street. and George 3. Marx.
wagon manufacturer. No. $40 East llSth
street.
Court was adjourned AZ o'clock until
10 80 this morning
Do you want 10 loosen the grip OF