New-York tribune., 1911-11-21
CUMMINS HEARS
CRY Of GUILTY.
Foreman of Jury Fairly YelIS
Verdict That Prisoner
Stole $4,000.
GOES TEARFULLY TO TOMBS
Man Who Might Get Ten Years
in Sing Sing Says Fight Has
Just Begun-Hyde To
Be Tried Soon.

William J. Cummins was convicted
Yesterday OF stealing $4,000 from the
Nineteenth Ward Bank and the Carne-
ri. Trust Company. The jury retired at
12.4O o'clock and remained out five
hours. almost TO minute. At $40
o'clock the doorkeeper announced that a
verdict had been agreed upon, and the
twelve men filed solemnly back into the
jury box. Not man Of them would
meet the defendants eye.
After an afternoon Of suspense the
slight pause while the clerk, Mr.. Brophy
called the roll caused all hearts to
thump. The quaint elderly clerk, with
his abundant silver hair, his little white
beard and pink cheeks, seemed so little
part Of the stern hand Of justice.
The foreman Of the jury will please
rise" he chanted deferentially.
EStey T. Dayton, the foreman, who
lives AT No. 81 Edgecombe avenue
stood up. as pale as a ghost. The whole
courtroom heard him yell:
Guilty"
The maximum penalty is ten years in
Sing Sing. Justice Davis remanded
Cummins to the Tombs for sentence on
Friday. In the mean time Max D.
Steuer. his counsel, will arrange to ap-
pear before Justice Cohalan and request
certificate Of reasonable doubt. on the
ground that. as in the Reichmann case
the defendant was compelled to forego
his constitutional rights in testifying be
fore the grand jury that indicted him.
Testified on Charge Against Hyde.
Both Beichmann and Cummins testl-
fed before the grand jury, after each
had been indicted. regarding the charge
that Charles H. Hyde City Chamber
lain. had promised various banks money
in return for loans TO Cummins and his
associates. The specific charge on which
HYDE was indicted-that he persuaded
Joseph G.. Robin 10 lend the Carnegie
Trust Company $4,000 on the promise
of increased city deposits in the North
ern Banks one phase of the same
transaction which Ted to Reichmann's
conviction Of signing. as president of
the Carnegie Trust Company a false re-
port to the State Banking Department
But it has nothing to do with the theft
entered against Cummins.
Reichmann obtained a certificate +
reasonable doubt from Justice Page. but
the wiseacres about the Criminal Courts
Building are not so sure that Cummins
Will be equally successful If Justice
Cohalan grants Cummins a like certih-
cate it will act as stay pending his
appeal If not. Cummins must go to Jail
and there await the final disposition of
his case.
After Justice Davis has sentenced
Cummins ON Friday District Attorney
Whitman will move for the immediate
trial of Hyde As the former city Cham
heriain has striven all along FOR a speedy
trial. il is supposed there viii be no OBJ
Sta,lc 10 putting his case on the calen-
dar for next week. provided Justice Da-
Vis Will consent TO prolong the April
term Of the Supreme Court Criminal
Branch in which he has been sitting.
Cummins appeared in court at 1870
yesterday morning, looking as if he had
got little sleep since Friday evening.
when Frank Moss. assistant District Al
torney. finished summing up the peoples
case. He lacked confidence, apparently,
In the favOrabieness of the court $
charge to the jury. A little deaf, he l.It
his hand TO his ear the moment Justice
Davis began speaking and held ii there
for the two hours which the justice con-
sumej reviewing the complicated eyi-
dcnoe
Justice Davis called attention 10 the
fact that criminal intent must be shown
before a charge Of larceny could he law
fully sustained. He then read eleven Of
twelve statements submitted by Mr.
SIeucr for his client emphasizing the
fact that Cummns was on trial only for
the tbcf, of $4,000; that he was not to
be found guilty Of kiting checks, Of reck-
les finance or as a warning to bank
Wreckcrs ON the other hand, the court
Told the jury, weight should be given TO
Character testimony.
Stress on Trust Agreement Letters.
Ii reviewing the evidence. Justice Da-
Wis paid particular attention 10 the So
called trust agreement letters. which, ac-
cordins 10 the prosecution, defined d
trust agreement by the terms Of which
he $l40OOO which Cummins obtained
rom the Nineteenth Ward Bank and
Subsequently used i'm a stock pool for
thc benefit Of tho "generaf eituatiop"
should have been used solely to pay off
loons of the Van Nordens. the collateral
released 10 De held i'm trust by the Car
h'sbe Trust Company.
fou must consider these letters"
Sdid be- normally and arrive at your
own conclusion as 10 whether they con-
Iain the terms alleged by the people.
mere is also undisputod fact i'm this
relation. and that is that these checks
nom the Nineteenth Ward Bank were
made payable 10 the Carnegie Trust
company. This may DE given due
weight Boo determining whether this
money was loaned on straight notes or
not.
As 1 understand il, the claim Of the
D'ehce ls that this money was loaned
TOT The protection Of certain banks and
VporatIons whose destmies were inter
'"'hod' which state of affairs has been
'eifed to in this trial as the general
'u'dtion.' lf after due consideration Of
p" evidence in this case you arrive 1T
' conclusion that the bank loaned the