The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-05

Bergen, n Notary PubIic-Wall street In
an Uproar CommittaI for Trial-Letter
from Bergen 10 the Editor OF the Herald
Impudent Letter of "Nigeer' Hamilton TO
the Editor of the Hersid-Attempt to Sup
press the Publication OF the Proceedings
by h. ibery and Threats.
Yesterday considerable excitement existed in
Wall street, land round the Tombs, in consequence Of
the arrest OF James Bergen, Notary Public, and
Jeremiah G. Hamilton, better known as the ''Nig-
ger proprietor of the Sum-" on charge of attempt.
Ing an enormous fraud on the Atlantic Insurance
Company. The case has been in the hands of the
pohce since January last, but it was not "ripe"
until some few days ago. Officers Stokely and Os-
born, Mr. Calendar, clerk in the Police Depart
ment,and Mr. Justice Matsel, in person or by agents.
nave traced the steps of the parties through seven
creary months, 10 establish the case beyond the
possibility OF controversy, and they have moved
with great care, circumspection, and secrecy. In
the course of their enquiries they got hold of man
oil about fifty years oil age, of foreign extraction,
named Suffer or Sutton, who appears TO have been
an agent in the attempted fraud in the prosecution
oil which he admits that he several times commit
ted perjury at the solicitation of Bergen. This man
"a master mariner, who has wife and family at
Buenos Ayres, but has resided for the last eight
months at Staten Island-communicated informa-
ton which led TO the arrest of the parties and on
Thursday night the warrants were issued and placed
In the hands OF officers Stokely and Cockefair who
yesterday morning arrested James Bergen and Jere-
mah g. Hamilton, and lodged them in the Tombs
Soon after their st they brought up for
examination before Mr.. Justice Matse Mr.. VIM
NJ Price, appearing for the accused parties and Mr.
ID. Lord, jr., the counsel for the Insurance Com
pany, for The prosecution. The testimony OF Suffer
and Mrs Barstow, was taken at great length, but it
will be better understood and also the nature ofthe
accusation, by the following narrative =
On the eighth day OF July, In the year 1888, an
insurance was effected by Messrs. Peer Harmony
aud Co with the Atlantic Insurance Company of
New York, on the ship Ysldla, at and from Calico
TO Cadz, with liberty TO touch and trade AT Guaya-
gull, onsx boxes specie; Of the value, of $l725O-
$ll sos, valuedat $29 l50 and at and from Guaya-
qu 20 adiz on 973 Casellanos, gold bullion valued
at 81 S73. The above property was shipped in the
name OF Captain II. Barstow Such insurance was
effected at one and quarter per cent, on account
OF whom II might concern, loss, il any, payable 10
Peter Harmony and CO." A demand was subse-
quenty made by Hathaby Barstow, said Captain tor
The amount OF such insurance, the papers having
been presented by Messrs. Harmony and Co, said
Barstow representing himself as the agent for Jose
Maria Lunar. M ssrs. Harmony and Co. having no
interest in the insurance, assigned il to Hathaby
Barstow on the 25th November, 1888. The appli
calon was refused by the Atlantic Company, on the
ground of alleged fraud, when Barstow Instituted
proceedings against the Company in the Superior
Court OF this city, in the name of Joseph Maria
Lunar, sometimes called Hosea Lunar Barsow
being the only apparent agent in the direction and
prose cutlon OF the proceedings, the Court directed
that legal proceedings should be stayed until autho-
ry could be produced from the plaintiff Lunar, by
Barstow, constituting him his agentn the business.
Barstow was believed TO have proceeded to South
America or the Western Coast. for the purpose of
hQG n anarn IN hpS
city. His wife, however, some years AFTER was
understood by the Company to be engaged as his
ADMINISTRATIVE IN prosecuting such law suit
Mrs Barstow, on her examination before Justice |
Ma,sell, gave the following sia,enien:-Her hus- |
band, Hatherby Barstow, commanded the ship
fsldia. He returned to this city on the 9th Novem
Der, 1885, and reported to her the loss of his ship and
cargo, portion of which was this large amount OF
specie, which he informed her had been insured on
his own account and risk, and that the insurance
company, having refused payment. ne had com,
menced a suit against them, Messrs Johnson and
Ogden being his legal advisers. He also Informed
her that the specie was the property OF Mr. Lunar,
but does not recollect having heard him say where
Lunar lived. In the month OF December, 1884, her
husband informed her that it necessary he should
proceed 10 South America to find Lunar and bring
HIM to this city, or procure documentary evidence
of his ownership of SAID property-and that he &C.
cordingy sailed for Vera Cruz in the brig Paragon,
and has not again returned.
She heard OF him only on two occasions, the first
from Captain Trask, who told her he had seen him
at Vera Cruz, and that he (her husband) had taken
charge OF letter for him. which letter arrived sale
at It's destination at New Orleans-the second time
was from friend, who informed her that Captain
Snow had seen him in Guatamaa, and on making
inquiries through the Consul, she found he had lett
there. This was the last report she heard OF her
husband. About six years after his absence, Mr..
thompson called upon her, representing himself TO
be an insurance broker in Wall street, and inform
ed her that he could recover for her the money that
her husband had in litigation with the Atlantic In
surance Company, and solicited her TO take out
letters OF Administration and proceed with the suit
These solicitations were renewed at several subse-
quent periods; and after advising with her father,
Stephen Kingsand, she called upon his legal advi-
sers, Messrs Tilou and Cutting, and placed the
matter in their hands, and had the papers delivered
over to them from her husbands lawyers, Messrs.
Johnson and Ogden, in whose possession they were.
About IL or IL months afterwards, she was called
upon by colored man named jeremiah q. Ham,
ION, at her fathers house, by agreement, when he
informed her that he had power Of attorney from
Mr. Lunar TO receive the papers, and that Mr.. l..
had arrived In this city, and had already taken the
necessary steps 10 prosecute the unsettled suit IN
person. He also Informed her that unless she gave
up The paper voluntarily, he would be compelled to
take them from her by law-btt he pas reuctaat to
enter on such a course, she ,cds q female Mrs.
Barsrow consulted with her father, and he advised
with Messrs. Tillou and Cutting, who recommend
ed that the papers should be delivered up, as the
proper owner having arrived she could not legally
hold them. On such advice che executed an order,
directing Messrs Tillou and Cutting to deliver up
all sdlO papers 10 lawyer hntnon, VINO was the per
son authorized by Hamilton 10 receive them; THIS
was done, she has 10 believe, and this 10
the only knowledge she has OF the case.
The Insurance Company having had some init
nation OF what was Transporting, had man named
Richard sutton, alias Suffer, arrested, and after
considerable trouble, he made the following con-
fesslon or stetement OF the matter-
About three years ago he became acquainted
with James Bergen, a Notary Public and Insurance
Broker in Wall street. with whom he transacted
some underwriting. In October, 1912, he had
vera conversations with Mr. Bergen, in which he
related 10 him (Suton) the circumstances of case
in which he was engaged, in endeavoring to reco-
yer from an insurance company large amount OF
money, TO cover a loss OF specie and bullion lost at
sea. He recollects the name OF the captain was
Barstew, but does not recolect whether the name
III he shin AL the IAsn xuas told