, 1872-12-19

| W1ole II; supposed that he Was dealing With
| the company just as much as that he was sign
ing the paper; regarded his claim IS cancelled !;
now considered the representation was fraudu-
lent and that he Was entitled to his share OF the
| assets Of the bankrupt
10 Mr. Ayers. Could not say who was in the
room at the first interview with Van Inwaeen :;
some one Was there; the interview was about
the 23d or 24th Of October; the next interview
was about two days after; Van Inwagen made
the losses OF the Company about five millions
and the assets about four hundred thousand; !;
Van 1nwagen paid him in check signed bv him
self.
4 legal discussion came III here.
Examination resumed: Had employed An at
torney to look after his claims; some prelimina-
n steps had been taken; had signed an agree
ment with other parties.
Another important legal discussion here.
Examination resumed: Signed that agreement
about two Or three months since; thought it WAS
in September had no memorandum OF it,
OSCAR L. AMERICAN
had 3 policy in the State amounting to IS. 900 !;
the loss was total; furnished proofs Of loss
about Nov. 4 to Van Inwagen; o. L. Ameri
can Co. did not own the policy now; Mcalul-
aT len Tsnted 1d to buy It refused to eel It to him
and ~Sls the IRON aszets eSout s1sooS6 thot
was about Nov. a; signed En- assignment be-
cause his policy was burned; did not know if
the name j. B. Smith vas written on the receipt
at the time though it was blank.
To Mr. Smith: Thought he read the assign
ment; understood it was necessary to sign it
because his policy was burned; thought that
was the only reason he had to sgn it; had now
claim against the Company; it Was in the
hands Of his lawyers for three or four months.
By Mr. Cooper: His lawyers were Watching
the case would mako the claim in the best way
he could.
To Ar, Smith: Thought the whole thing was
8 swindle; did not know who suindled; had left
his case to his lawyers; signed no agreement to
prosecute claims.
Mr.. Cooper said Mr.. Smiths questions vera
unjust.
Mr. Smith thought Mr. American was no
greenhorn. They would have tho game delay
and trouble over again.
Mr. American aaid he would make the claim
whenever he was most likely to get it.
Mr.. Smith said he would fight him and al
such claims.
Mr. Cooper said Of course he would.
To Mr. Aver: MclIu1len went to his house;
told McMu11ln he would not sell his claim his
wife was present when McMullin called; Nc
fused to sell it; paid Van Inwagen IS on Nov.
to make out his proof Of loss; did not know if
the proof OF loss WAS made out when he first
called on Van Inwagen; signed the assignment
when he left tho proof Of loss.
GEoHGE 0uBEnT,
OF the firm Of Sampson, Gilbert j. Co., testified
that Gilbert d Sampson had q 5000 policy; the
loss WAS total settled with what he supposed to
ba the Secretary OF the Company sold to Joseph
N. Barker; A1cMullin md Barker represented
that the Company could only pay 10 cents; be-
ieved Barker because he Was friend Of his;
they said it he did not take thnt he would not
get so much; took it for granted that Barker
would not tell him a falsehood.
To Mr. Aver: Barker and McAIullin called on
him at Mr. Simpsons house On Iwenty-ffth
street; McMullin said he called to settle, to eee
if they would take 10 cents on the dollar; prom
ised to let them know By q certain time; sent i
his bookkeeper for the $500; it was in the form |
of q check with Van Inwageu's name on it:
WILLIAM T. JACOBS
testified that he had policy in the State for |
$500 assigned his claim; dealt with Shufe1dt !
got $50 for the claim Shufeldt gave him @
check.
To Mr: Cooper: shufeldt said he was buying
for other parties.
DIVERSION. |
At o'clock the proceedings were adjourned /
until 2, but came and no Witnesses. Mr. Coop !!
er made the announcement that the Marshal !;
had gone out to subpoena fifteen or twenty. The |
Assignee perambu1ated the floor and sucked O !
cigar while the attorneys sat around discussing !
military affairs-fghting being somewhat akin |
to law, At 3:15 A1r. Cooper observed that F" this
was outrageous" and started to scare up wit
neaaes, returning soon after to announce that |!
four or i've would be on hand in the twinking OF
q bed-post, and keep them going all night. In |
the meantime Mr. Smith told good water melon
anecdote. Then came Jew story, and g story
of the fire, and -4:15-when the lawyers !
decided to adjourn until this morning.