, 1872-12-20

advice Of lavyers,-and on that advice they
went to work to rob. While the world had itB
bowels Of compassion moved towards stricken
people, these men deliberately continued to ab-
aorb the entire sum belonging to the Insurance
Company. In point Of honesty tho transact1on
was as bad as highway robbery or any
form Of larceny ccncevablo. They induced
men to assign their claims at the smallest per
against the deposits in the bank: The scheme
Of acquisition was fraudulent The claims were
purchased by fraudulent conspiracy Of men,
who were at once officers OF the bank and Of the
Insurance Company, to defraud tue insurance
Company. It was a fraud upon the Trustees for
claims. The bank was simply cover aud 3
cloak, an fundamentally used by the oonspira-
tors to cover up their doings. We're these men
disinterested and honest? We're there not eus-
ibeir credihilty7 Heproposed-to TO disprove aud
deny what these men sworo when they said they
had no interest in the claims. The creditors de-
iperate1y charged that the Receiver was guilty OF
fraudulent conspiracy to defraud the creditors
Theso same Meesrs. Smith. barring got control OF .
majority Of claims, appointed tho Receiver, and
there was evidence that ho WAS acting IN col
1usion with them to defraud the other creditors
Having appointed him, lie would naturally do as
they desired. Tho mere sense Of duty to the
other creditors would not weigh very much
against his own interest. Flo would not deny
that in the hearts Of the other creditors there
VAS ill-feelng against the smitls. They, would
be moro than human, and should have
bigger share OF the grace Of God than usually
fell 10 the lot OF men, If they did not entntaln
some feeling against the conspiratoEs who tried
to defraud them cut Of their rights. He claim
ed tho right to examine tho books. The busi-
ness Of tho bank was to handle money and
money securities. Not dollar went in or out
Of bank without its being mado matter Of
record. Tho books showed it. The persons
paying OF receiving money wore also recorded
in the books OF tho bank. The bank day by day
wrote it's own history. The question was if ths
bank, On a certain day, bought S26l GOO
worth Of certificates ? That was
substantially the question Could q purchase Of
tlat kind occur without abundant evidence Of it
appearing on the books Of the bank It would
be inconceivablo that such Transaction could
take place and no record CT it appear. Il those
claims were bought by the bank it would appear
On the books.
The Register said ho was convinced Of tho
truth Of the argument, and if the counsel conld
make out case under the petition, he would
grant the order Was it proper for Court 70
require the production Of those books?
Mr. Van Arman thought he saw pretty nearly
whero the commission was, aud would prepare
his authorities by tomorrow [thla) morning.
The Reg1stor said hr. Aver imposed certain
obstacles, and he would like to know how the
Court could order that the books should be
opened from A to z for tho inspection Of Coun-
sci and the Court.
After further discussion. leave was given to
amend the petition 80 as to specify tho partlcu-
lar accounts necessary to examine.
Mr.. Van Arman will resume his argument to-
day.