The Midnight Watch Transfer That Split a Seattle Courtroom

The hearing on a motion by J.K. Basye & Co. to dissolve the temporary restraining order issued in the case of the Rockford Watch Company v. Simon Rumpf et al. was held before Judge Langley yesterday, occupying nearly all day. The result was the dissolution of the restraining order as to J.K. Basye & Co., while it continued in force as to the land conveyed by Rumpf to Joseph Mayer. The application for dismissal of the receiver was also resisted.

The affidavits were voluminous and conflicting in allegations and counter-allegations of fraud. William Harris testified that he had been an employee of Rumpf & Mayer and that Mayer owed him $1,430 on a note. His suspicions were aroused upon seeing Rumpf, Mayer and Basye in conference. On inquiry they assured him everything was all right. That evening he saw a light in Rumpf & Mayer's store, and, entering the alley, he found Mayer and another man carrying goods from the store to Basye's store. He rushed up and told them he would hold them up. He was subsequently paid the amount of his note and left.

Porter Kelly, paying teller of the Seattle National Bank, testified to the presentation and payment of the $5,000 check from Basye & Co. in favor of Simon Rumpf and endorsed by Rumpf over to Mayer. This check is alleged to have been given in payment of the stock transferred.

George W. Hoffman testified that he assisted in transferring the goods, and also that a $5,000 check passed through his hands. He said that Mayer gave him $5,000 in money—$3,000 in bills and $2,000 in gold—which he had in his pockets while transferring the goods. This money was returned to Mayer the next day.

F. Farrell, an expressman, testified that he conveyed the goods to Basye's store.

The testimony in support of the motion was given by Joseph L. Kane, J.K. Basye, Joseph Mayer and Uno Brown. The tenor of it was that the transaction was a bona fide one, notwithstanding it was executed in the middle of the night; that the sale of the stock by Rumpf to Basye was entirely legitimate, as evidenced by the $5,000 check, which was a reasonable compensation for the goods transferred. The judge dissolved the restraining order as to Basye & Co., but refused the discharge of the receiver as prayed for. He reduced the receiver's bond to $4,000 and continued the injunction in force as to the land transfer.

Arthur E. Griffin, the receiver of Simon Rumpf, filed his report covering an inventory of goods comprising jewelry, silverware and watchmakers' goods appraised at $10,274.16. He sets forth that he took possession of the store at 621 Second Street August 31; that on Monday he was informed that other goods belonging to that stock had been removed to Basye & Co.'s store; that he issued an order for the return of the goods and had them brought back. The receiver says he has had the goods insured for $7,000.