New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-17
Tells of $100, 900 He Put Up for
the Retirement of Van
Norden Loan.
WOULDN'T ENTER POOL
Testimony for Prosecution in Re
Neutrality-suspicious. of Jurors
Show Close Interest in
the Case.

camp. He said Cummins kept him IN
formed all along that he wasn't uslns
the Nineteenth Ward Banks money 10
retire the Van Norden loans.
IT did know" said the witness mat
Oh. Van Norden loans were being taken
no by changing the names on the notes
10 those Of the Cumnlins group but tha'
no actual money was being put up eA-
cept what had put up.
Mr. Martin referred TO the SlOooV
which he personally had turned over to
Cumroins and with which Cummins had
n,jd a Van Norden obligation, turning
over TO Mr.. Martin the shares OF Nine
tssnth and Twelfth Ward bank stock
which had secured it. 1t is not this
money but the $4,000 which the Nine
teenth Ward Rank. OF which Mr.. Martin
was president. loaned him at the same
time. April. 1910, which Cummins is &C
cused OF stealing And the charge oil
larceny against him rests entirely upon
the fact that he did not use this Sl4o'Ooo
IN having off Van Norden loans.
This charge is supported by so-called
trust agreement letter sent Mr.. Martin
by the vice president of the Carnegie
Trust Company on receipt of the four
checks making up the S14O,OD. Ac-
cording to the Interpretation of the pros
ecution and Mr.. Martin, the agreement
set forth in the letter confined the use OF
the money to paying off the Van Norden
loans and named the Carnegie Trust
Company as trustee Of the Nineteenth
and Twelfth Ward bank stock TO be re-
leased by such payment.
Did YOU ever agree with Cummins
that Michael ]. Lyman should hold the
stock" asked John X. Clark, Assistant
District Attorney.
NO" said Mr.. Martin.
L was the spirit Of Mr.. Lyman, Cum
mins's man-of- work, which brooded
over a stock pool started with the $40
600.
But Knew About the Pool.
But you knew of this syndicate or
pool formed by Cummins, Condor. Reich
mann and Moore. didn't you?" asked
Max D. steuler, counsel for Cummins.
Yes
"And you were invited to enter this
pool. but you said you would rather put
up 100000 10 buy the same stock at
certain fgures--isn't That true?"
Yes, at the figures mentioned in the
trust agreement"
Mr. Martin denied that Lyman or any
one else had ever shown him or read to
him the statement of the pool transac-
lions which both Lyman and Cummins
have testified was produced for his
perusal the first week in May, 1910 He
thought II probable, however, that he
was In conference with Cummins at the
time specified.
He denied also ever hearing that the
money his bank had lent, Cummins had
gone into the pool or had ever been paid
out for stock handled by lyman. or had
ever been spent by the Carnegie Trust
Company or any one else for stock Of
the Nineteenth Ward Bank, the Twelfth
Ward Bank or the Carnegie Trust Com
pany.
II is the contention Of the defence that
Martin was informed of all Of these
things and approved OF them as being
for the good Of the general situation"
this phrase defining the only limitation
nut on the use Of the $4,000, accord
ing to the defence.
Paris NJ. Fletcher. juror No. 8, asked
n the pool statement referred to showed
what was in the pool at the time, and
was informed by both Justices Davis and
Steuer that il contained a list Of the
notes paid and stock released up to May
2. This question was one Of many ema-
mating from the jury yesterday. appar-
entity showing that although the trial
has consumed almost FIVE weeks so far
the Jurors interest has increased rather
than diminished
In the morning several Jurors put
questions to John NJ. Van Pelt. the
cashier OF the Nineteenth Ward Bank.
the first witness called in rebuttal.
Anonf other things they asked him If
any discussion of & trustee had occurred
At the laeeting OF the Nineteenth Ward
directors when II was voted 10 lend
Cummins and his friends $4,000. Mr..
Van Pclt said no" Mr.. Van Pelt also
testified that according to his under
standing the money was to be used TO
protect the general situation"
Lawrence Ottinger. juror No. ., who
h.s asked more questions than any OF
his colleagues, wanted to know from
Yonpldns McIlvaine, who followed Van
r.lt on the stand. II as counsel for the
van Norden Trust Company he, Nell
vain. would not have been consulted
with regard 70 any trust agreement af-
f.ctinr the bank. Mr.. McIlvaine said 1t
was customary 10 refer any such agree
nnent to him, but admitted in answer to
further question from Mr.. ottinger
that the particular trust agreement
figuring In the Cummins case had never
been shown 20 him.
Condor Left All to Cummins.
Martin ]. Condor, the last witness
called. was also the object Of Questions
from the Jury. in his case regarding the
: guarantees he had signed Of notes sub
stituted for Van Norden notes Mr..
Condon's idea OF how the $4,000 was
IA be used conceded with Mr. Martins.
hut he acknowledged that although
member. he took no active interest in the
operations Of the stock pool and in gen
eral left the situation in Cummins's
hands. signing guarantees on blanks
whom asked to.