The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-11-20
TYSON & co. CHARGED
WITH GRAND LARCENY
Investigation Of Opera Ticket
Scandal Takes Crimi-
nal Turn.
JUDGE HEARS EVIDENCE
Trust Company Admits That
Agents Withdrew From
Special Fund.


charged with grand larceny in the second
degree yesterday in Magistrate Deuel's
court. This development came at the be
ginning Of the Investigation into the hy
pothecation Of Metropolitan opera tickets.
amounting to Sl53.00O. by the ticket
agency with the Metropolitan Trust Com
pany to secure loan OF 100000. The
officers Of the company were in court
by previous arrangement and there ac-
cepted service OF summons as witnesses
The plan. as announced by District At
torney whitman. was to conduct John
Doe inquiry. but Magistrate Deuel. insisted
that a charge should he made against
somebody. Accordingly. Adolph f. Dick
Of e44 West Seventieth street. sub
scriber to senson tickets through Tyson 4
Co. made the complaint.
Mr.. Dick charged that Tyson & TO. "un-
lawfully. wilfully and feioniously misap-
propriated, as bailee. the sum Of Sl5l.S0
(the price Of two season tickets). and two
season tickets for the Metropolitan Opera
House." Mr.. Dick was selected as the
lone complainant because he paid for his
tickets prior to the hypothecation OF the
tickets with the trust company.
Beverly Chew. second vice-president OF
the Metropolitan Trust Company. through
whom Richard ]. Hartman. president Of
Tyson & Co. negotiated the loan. testifief.
that he understood from Mr.. Hartman that
none Of the tickets had been paid for by
subscribers Zip to the time the loan was
made The promise Of Mr.. Hartman was.
he said. to deposit all checks from sub
scribers az the money for the tickets
came in in a special account and thereby
have the money ready to repay the loan.
He admitted that Hartman had made
Withdrawals from this account.
All Interests Represented.
When the hour for the hearing arrived
Mr.. Seligsberg Of Wise & Seligsberg. at
,orneys for the opera company. was on
hand, while ]. NJ. n. Lyeth appeared for
the trust company. and william l.. Mar
shall of Griggs. Baldwin & Baldwin for
Tyson Co. Assistant District Attorneys
Train-ARA- s0aassa saSs-ssprssented the peo-
pie.
The first witness was Mr.. Dick. who
said ne had held the same tickets at the
opera house for Ave years and had bought
them through Tyson & Co. to whom he
had been referred by the box Office Of the
Metropolitan Opera House lie told OF
paying for the seats on August so and
OF his efforts to get the tickets both from
the ticket agency and from the trust
company He has received. ne said. only
his coupons for Saturdays performance.
Mr. Pavey. the next witness. told OF
making reservations for his usual seats
! through TYSON & Co. lie identified an
nouncements sent out by Tyson q Co. con-
cerning the tickets. Those announcements
were printed on stationery of the Metro
poiltan Opera Company, but signed by
Tyson & Co.
Earl Lewis head OF the box Office in
the opera house told of getting the checl;
for 500. 900 in final payment for the tick
cts on September l2. but telling Hartman
to come around on the next morning tc
get the tickets. He said he had "A porter
| put the tickets in Mr. Hartman's taxicat
and of being invited to go down town ir
the cab He said that although he had ar
idea the tickets were TO be hypothecatcd
| he could not get Hartman to admit il. Fis
said Hartman told him he was taking the
| tickets to a safe deposit vault.
bank Admits Withdrawals.
When Mr.. Chew was called to the wit
ness stand he said the ticket company haC
no account with the trust company prior
| to making the loan on the tickets. ~,
said that the executive committee ap
! proved the loan and several member:
/ thought the tickets good security III
! said that in october Tyson 4 Co opened
| "A general account and he submitted tran
scripts OF these accounts. The speca
account designed TO repay the loan showed
deposits of $212.OOO. including the slO0.0 .00'
loan, the remainder being made up. II II
said. from payment OF subscriptions.
Asked II Tyson & Co could Withdraw
from the special account for general pur
poses Mr.. Chew remembered that Mr.
Hartman had spoken about withdrawing
and did so.
did you intend at the time the LOAF
was made that this special account shoul'
be an open account against which Tyson
Co. could not draw except to pay on you
loan?" asked MIR. Train.
81 don't recall" said Mr.. Chew. "bu
Tyson q Co. began to withdraw almos
Immediately"
Did Hartman tell you that none Of tn
tickets had been paid for at the time h
asked for the loan?"
THAT was my understanding the wi,
ness replied. Adjournment was take
until II O'Clock this morning
pTNDEII'S NAME GOES IN TO. DA'