, 1872-12-14
Mr. Z. z. Letter Thinks ldr.
Hur1but Betrayed Him.

%A4e 1AA@%N "a D~O ~ %~AAA~A
settle his attorney and himself went together =;
thought it WAS In December; saw g. gentleman
there vriting,-a thin, spare man Of dark COM
p1e1ion, and bald head; witness asked what the
Company was paying; the man answered they
we're paying 10 cents, but he might not get go
much if he waited; signed paper, ho supposed,
giving up his right, title nnd interest in the poll
CT to the Company; got check for $500 for the
policy; On his way to the State Insurance Com
pany he met 8 gentleman named McMul]in, onco
connected with paper here; McA1ullin said he
had q lot Of policies which he was going to settle
at 10 cents; McMullin walked with him to the
nneo, and aIcMullin said: Is Well, suppose we
might as well settle at 10 cents, for if ne wait
longer re may not set that and witness took
It; tad not much to say to the man in the Office.
The Assignment produced Was identified. Il
Has in the following form:
CE1cAGo, Oct =, 1s71.-In consideration Of two
hundred dollars (e1 to be paid by j. B. Smith, Of
Chicago, hereby assign aad set to him my claim
forloes under the within policy. r. H. Hoo1Ex.
Cross~e1urnined: Was not positive as to the
date the date on the policy VAS 9th Of Octo-
Der ; supposed it was right; was not positive
whether he or lis attorney left the proof Of
loss at the Office of the Company; did not know
# lie visited the Office at any other time thought
his attorney and HcA1ulln Wero in the Office at
The time.
Here George ". McMu11in WAS called upon to
stand up for Identification.
Mr. Hooley did not recocognize him as the
McAIulIn he met in the ot6ce, but believed
from the family likeness that the McMullin he
met was a brother of the McNul1in present.
Examination resumed NeTer SEW the man he
supposed to be the Secretary before Gdcnti-
fed 4fr. Van lnwagcn as the man he mot in the
ohcc); did not remember the first thing sAi1 IN
the oiico; went there to get oheck Tor MS
policy could not give exact conversation that
took pl.ce could not repeat Van Inwagen's
language; be signed the release and got the
check from Van 1nwagen got the check cashed
check;Van Inwagen said the State Insurance Com
pany would pay 10 per cent; Van lnwagen did
not say yr,s55} he vas Vas noE naying noz;t;%s the
with the Secretary. Van 11wagen, and the bust
ness WAS transacted with him; thought he met
nfcMulln before he went into the ofdce !; had
policies in other companies; collected some
money on them; collected 8 or per cent from
the Firemen's did not think he sold policies to
any other companies but the State.
1By the REGISTER Believed the assignment
was written st the time he released the policy
indorsed the check when he got it cashed.
SYLVESTER IL M11IAHD
6aid he wes SO years Of age; resided on Twenty
the interview spoken Of by Mr. Hooley; Mr.:
Hooley showed him letter he received
fo # tha eo nwasen Vent Nth g EooeT HisF
AHNN-~J
tie letter was shown to tie Secretary; the see-
retary eaid he had sent the letter for the purpose
OF effecting 8 settlement, and that the Company
desired to settle the Losses without gong INTO
the Courts; that the Losses we're very heavy,
and tho assets light; that the Company could
probably pay 10 cents it all the creditors would
accept it that the principal assets consisted OF
notes and securities; that if the assets went
Into the hands Of Receiver they would hardly
realize 10 cents that the Company might pay
10 cents then; witness had made out the proof
of loss, but it was not sworn to When tEey hrst
wentinto the Office; went out to 8 Notary, and Ar;
Hoo1ey swore to it; went back to the Office and
Hooley signed something and got the check; !;
the date was Oct. 80; that Was one Of the hrst
proofs OF less 10 filed after the fire; saW Hooley
sign the policy.
Cross-erarnined: Lived in the city four years !;
was doing business for Mr.. Hooley as an at
tornev; when they went into the Office Van
Lnvagen came forward, and during the CONVEX
cation he stated he WAS Secretary OF the Com
pany, and had sent the letter for the purpose Of
eGectng settlement for the Company.
LAFAYETTE Il. Smith,
being sworn, said he was 48 years old !; lived in
Hyde Park; ard was member OF the firm OF
Lord d Smith, Wholesale druggists
the t. fir firm ststa h9a Rnhsy Tor 42S
Rt the time Of the big fire lpoGcy identihed) !;
assigned the policy, as the frm supposed, to tho
Company cn Nov. 2; stepped into the office,
found the Secretary, Van Iawagen, sitting at bis
desk showed him the policy asked him what
he could do with it; Van 1nwagen said they we're
paying 10 cents on the dollar; that it vas the
best they could do; that, il matters went
into the hands OF Receiver, they could not do
80 well; decided to take 10 cents; handed the
policy to the Secretary, and signed a release !;
had never been in the Office Of the Company be-
fore, and had not fled proof Of loss before :;
there wss no adjustment made that he knew Of
Cross-e@amined: Made a proof Of loss (doc-
,1a7r f9 "a
Company; Van lnwagcn was in the Office, and
George Lord. his cashier, Vas with witness ;
thought the Secretary wrote tho assignment; it
Fas dated Nov. 2.
GEORGE F. LORD
said he was cashier for Lord & Smith: was pres-
ent at tho interview; saw Van 1nWagen; LII.
Smith asked Van Inwagen what tho Company
was going to do,-what it vas paying; Van In
wagen said 1--WE were paying 10 cents;" that
that was the best they could pay, and showed 8
could not remember any Of the parties; Smith
agreed to lake 10 cents; Van Inwagen drew G
check On the Loan end Trust Company Smith
stepped up and signed release; Van Inwagen
d @ dS dS check ep pes9as{ paa dsPossa e o5 'sss
vas the only time they went to the Office (as-
kigument identified; remembered that the
name of J. B. Smith was not in the assignment
It put in since; Van 1nwagen did not sign
the assignment as Secretary; lie signed it per-
sona1ly; supposed he understood what IN as
sigument was.
Cross-c1anained Was in several Offices that
day; Van 1nwagen made no statement Of the
condition Of the Company that he remembered
the amount of the check was $3.50; recollected
that the name j. B. Smith was not in the as
Egnmcnt; the words "By J. B. Smith" were
not in the assignment; there WAS no na1ao ex-
pressed
: 11r. Smith recalled: Did not racollect ANYTHING
about tho name Of J. B. Smith supposed it Eas
the ordinary form Of m assignment signed il
md left it.
LEVI 2. LETTER,
being sNorn, testified that he WIS 3S years o.
age: was member Of the firm OF Field Letter
tic firm had . policy in tile State Insurance
company at tho time OF the great fire CpohcJ
tdeutifed); the loss was total St: 600; the frn
Transferred the policy; Mr. Hurlbut, President
of:the Company, came to him one day and said
E4Yon have policy in the State Insurance
| Company, and have one in the Republic; yot
- and I'll take yours, and I'll look afte1
:, " was my own; thought III
=, urlbut; gave it with hif
=, to Hurlbut, on Dec. II