The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-15

and that you were therefore unit custodians of its
funds ! also then FIRST learned that you had
possessed yourselves OF proxies sufficient to con-
troll at Will the selection OF trustees OF the Mutual
Liza ROVER. In my opinion, far too dangerous
to those whose record showed an inapprecation
OF their sacred obligations to the benehctaries OF
Impressed with such convictions and strength
ened therein by competent advisers, my interests
os poeyso ws gave me the right and my
informed than myself as to those for whose benefit
my own life is insured. imposed upoa
and render them effective Fully aware that
reform must act as punishment to you, and that
of many OF your advocates and friends. and that
your enmity would he all the more bitter because
Obliged to conceal the true cause OF your resent
ment, nevertheless set about my work, and have
wrought wherever and whenever I believed my
abors would prove effective
Supreme Court of New York against the Mutual
Lile Insurance Company and Richard A. McCurdy.
ncd d' s 'he pd m ~ my compliant were de-
counsel TO discontinue. Failing therein was then
approached by gentlemen well known to me, one
acting as the representative OF the Mutual Life,
and the other as the friend of Mr. McCurdy, and
urged to desist lest might damage the fair fame
ana welfare OF the company
After protracted interviews, in which the truth
OF some OF my allegations was admitted and that
OF others qualified consented to discontinue the
suit upon conditions which those gentlemen &C
knOwledged were honorable and just. Mr..
McCurdy's friend paid all counsel fees and costs,
that settlement was not kept, and shortly learned
OF other matters justly censurable.
Before the election OF June 1859, called on You,
in company with Mr.. Trustee POpham, and urged
you to permit the policy holders to nominate four
such nominations to be submitted to and approved
by you. You refused, alleging, in substance, that
you did not intend to permit any changes In .
board which you knew to be friendly to your man
agement In that election took prominent
part in opposition to you, aided by many policy
holders; not anticipating success but expecting
elections. In this we succeeded, for that cleo
ton You required every voter to put his name upon
the back OF his balot-an outrage upon the Tree
dom OF election by ballot, which even caused some
OF the trustees to hesitate and reflect upon their
APPEARED e be- gaining on you Vice
beyond contingency by depositine, without objec.
tion rom your Inspectors OF Election and In ono
batch, more proxy votes in five minutes than your
opponents could have cast in as many hours; and
you know to whom allude when remind you that
In that election you forced upon us one whom you
have since admitted was unworthy of the trust.
Immediately after that election of 1869 a COM
mittee OF trustees was appointed to "cxamine'
and report upon the affairs of the company; and
then asked that committee or policy holders, to
be chosen at public meeting be permitted to
committee OF trustees declined to inquire into
the charges against you and rep0rted-what
no well informed person had ever questioned-the
assured s0lvency OF the company, and concluded
with eulogy Of your "great ability and devotion
to the interests OF the company That report was
our expense, and for o time accomplished its In
scented, 20 unite with Others In obtaining the
intervention OF the Attorney General OF
rs stat S s ana n n sSs 70 Legal gentle
whereupoa to base a complaint, and also gave the.
attorney employed an aidavit OF facts then within
for me and denounced that attorney-whose char.
acter was until then unknown to me-and urgea
being satisfied OF the truth OF your denancistion.
instantly Withdrew and informed you OF the fact.
In TsSrpsy i7 my own yc counsel
and some OF the trustees Of the Mutual Life, in be-
half OF the people OF the state OF New York, which
submitted TO Attorney General Champlain at al.
bany. After careful examination and protracted
the Oldest and one Of the abest trustees Of hs
company, and OF Judge Alien, the then Comptroller
Of the state and retained as counsel Of the Mutual
considering the papers placed IN hts hands,
officially such as to justify proceedings against the
me BY his deputy, Hammond, and verified it,
Hammond pocketed It and disappeared. and IL was
The newt newly 's Appointed superintendent Of nsu
-Miller-was then Introduced bv the repre-
sentatives OF the company to undertake an exami-
that, BY virtue Of the power vested in him by the
laws Of this state. he would authorize me to unite
nv application was requested to act as the REPRE-
sentative OF the Insurance Committee or tho
assembly then lnquirlng INTO the anairs Or the
knowledge and approval Of one OF the most worthy
trustees OF the company, and with your own sub
sequent unofficial concurrence. l...-..l 1..f.
Ientered into that investigation with the deter.
mination to elicit che truth If possible; and you
know, spared neither time, labor nor feeling 10
accomplish that object. then obtained Information
which strengthened, intensified and justified my
opposition to your retention OF office. Upon the
adjournment OF the Legislature my power ended
and the records were closed against me. but had
obtained evidence Of such character that
tempted to suppress 1t by copyrighting the super
intendents copy OF tue testimony and threatening
me with prosecution for infringement 4 dare
publish the whole or any part OF mine. But upon
the last day OF that examination had declared my
purpose TO make sucn use OF 1t as any honorable
man would make OF testimony and that was
der no obligation to close my mouth as to the truth
fonDd therein" And believing that the intent
protect publication and not to aid in the suppres
OF valuable information. and falling discover how
the Mutual Lie could obtain such proprietary right
as that law requires over the fruits VI my labor,
have heretofore. and shall hereafter, disregarA
your warning and hazard your prosecution By
using That evidence wherever and whenever 10
Will, in my opinion, accomplish good results.
have done so In publications. and In public adj
presence OF your trustees, advocates and counsel
Tors, and have commented upon your ofncial con-
duct openly, frankly aud freely striving to be far
and just and meaning 'nothing to extenuate nOr
set down aught in malice.v And thus for four
years have openly aud avowedly opposed yen IN
the interest OF reform which you have natu-
rally aud, In great measure, successfully resisted,
and have done despite hegreat power you wiel0
and your repeated attempts to torture my oppc-
sition into an attack upon the company; despite
the opinions'of that vast majority who naturally
adhere to the powers that be DESPITE the ire
quent certificates Of good character put forth in
your behalf BY the Board OF Trustees; despite
the disgraceful evasons- aud perversicns Of
TOR which you paid him $500 and wanted
to give him more OF our money, and which
you advertised, at heavy expense to u.s. to bolster
up your reputation) |; despite the readiness vita
which some worthy men have accepted misrepre-
sensations AND published them rs facts, and with
an abiding confidence that the day would coma
when the truth would assert itself, vindlcate my
action ana wrest the policy holders' interes. frsm
your grasp. II such opposition as this Is characte-
Gonspirator. 80 -
Thus much deem II dne to myself t. have said.
and due to my fellow policy .nold,rs. whose In
terests are Identical Will u, own, and shaI
presently state the facts which justify my oppos
tlOu reals ~ Mutuai Lie. SEu