, 1873-05-20

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Sew.on !; Taylor rays ,hat loca,!ea on tho Aaa1anee
tEe,a ;, tSe oompany tsat Is aslsa tie Assifgn,os
Xssisneo &C. replied % Tint there 'ps wa ! iona Of
which hs thought w'' go? sn fey mort
nothing clso. lIe Sakcl tho Aab3gneo :whnt limo
1iyionds would DO declared, aud ho replicd TINT, II
ters % Sro Sny 1t would DO Into IN tho fa probably
dcorgo tartlner says tnt ho "caca on tho Assignee
st IL ia ay s Aspeo sF s
ssss ;ss IL ossny $ss sy 4 Cd &C.
ss soa Sn' %Dnt Z }nafo sSo!t @ Se spseo asses
nv fnd, q sposlt In tho National L0an ind Trost
rnrportoI 10 navo cla,ns, Md who i i not li,pu.od
did have claims against this bakfls lnsuraco r.; u
Sss o s y oSnna I'LL no
nation as 10 its Affairs. Now
r 1s MOTT EXTRAORDINARILY,
@ is1s vt ss q AssFss Lad &c., @
e Sny ano enS Of hese ssea ,skns Ing jug ares il
tatuly facs that was calculated very much to
seso e. Il Vas Witt
cianla as thoy thon existed IN tho mar ar
Ass,onee knew Of tic eair Of sot-oif, and
believed that clnim was well founded all It is most
sa Hnaw IL no ii s I'D o
mnncato important fact as that It was for theso
ssos sfs ias Sas S w S ' sr @ @
duct would he Tit wus not necessary for the Asajg
to into any general detail about tho character
NOT roHstBtE TO EXPLAIN
his roccnco in relation 10 thts large deros!t con-
ssSn % s s,so.s Se w' %s as
woro lnallrng aB to what belonged to them. These
asses Their sssos Tn e. na 90 III c
penaatIon for Administering them Ie tr1o eouras
E take axe sSs to s sas saas ' sft" e. liz fss %
eain, sSt1 ef tho bankrupt against thIs deposit
for themselves Il iear that many of thcso parties
did not know Of tho existence Of this fact and IT is afso
ae sss pase s aep Rss o sason aa ~ y @ e
en 10 9TH e 5anS s2 + BE- a'd tt tho
rIous. It cesaiuly was not known to most Of these
applicants, even u to any of ,tnenl, aud III
pa aots nG % as e o 9 %
ceedinga in the Htate Court under thu law III re1a
ton to tue winding tip Of insolvent comranlca and tho
nppolutucut ut Receiver, and the report that tho Re
Culver had made thu o had only oo In ha hands,
HUT TIE ASSIGNEE HAS, n1anr 70 pr nEAnp
ag aao 1G IT, "nd see wat IT, Where re fo s i
es.ea . ills principal ., aaet 70 my q . these
@ DID you rsnor e et ., these eeys n
t,e National Loan aud Trust Oompauy's Bank to any
Of tho creitors before the 12 Of July mud, II 30, to
whou,-any Of tho creditors Of tho insurance con-
ri Thnt is pasn l.t'nct question to natter TINT
waa within his own knowledge, and which admitted Of
q distinct answor. This is hls answer:
III 10 not know tl,at had occasion to mako my re-
mort TO any OF tho creditors CONCERNING tho pnrtcuafa
| Unanswered questions rs they wero oakcd Of mc.n
Asked aB to tho fnct, ho says ho doesn't know TINT o
Ind any occasion to mike sny rorer o9 TINT nS a.,
lid YOU mnte roport to any Of tho creditors be-
The answer R: nlale noreport to my Of tho credl
tora concerned 1nado no report ,tntil the second
ibid yon ever give ans information 10 any creditors
National Loan aud Trust Company Bank, and, II so,
to wlom ?a-a rery dlatinss clear Question: admitting
Of dssiuct auawer mud what is to qucB.
| II never made reports to any, Unanswered ques.
tons naked mo- and eavo information required oi
"Was that question -that is rs to tho deposit III
ho hanaa nex" Lean ose Sd n5st
The answer is II do not think It over was."
| any creditor? AL don't know. had no occasIon
to say anything to any srsait9f Edits s YOU" thia y Mr.
to h1a so
Now say tba. testimony is not fair It Is not cal
did It is not erel!toblo to tho Assignee.
was tho duty Of tho Assigncc-
I HIS tstpK.Ar1vE nurY-
neaa@ Lat tnt uood a reareG b t DO
that he wns not acting fairly to thu creditors when III
refused, or dvcnel. or did not mako tile disclosure
and It is Impossible to avoid asking the Question
w.iether, II this had been delosi account In bank
why personH or parties who had not elected hsn
Assignee, mud with whom his associations Lad not beet
| morn II "
! whether ho would havo rofused to mako tho dis
Let Iii examine little further tho testimony Of Mr.
Perkins In order to form opinion of Lis own Wow
his conduct. Io Hays: "At tho outset consitlerct
r as 10 What ast III bo % amount nor ai
" paid ~ should certainly iscad some, and sub3ec
myself to blame. aud accordingly resolved to mako
Gardner mentlons in ills testimony TINT ho had bee
before that hy othes re5aons that tue Go,apan
iavo mentioned those figures IN oi,r interview
1itey saosKh M he az; and II ho did, 1probaoy dt
Now, no one asaerta that It waa tho duty Of IL,
pany would bc; that depended upon circumstances III
THAT il NOT THE QUESTION.
It is not that he did not state how much the arsc
m sea yxoua am an a. mp os '
mont IN thu result AZ 70 how much the Company ,oIsl
hsy Es nqs1 e s.rs "o1e ;. Psss'y osr:r s AZ A,
have mentioned thnse figures i'll our interview, and
ho did probably dll not contradlct him., II ho NJ
con!loinninB hinaelf II hc did not disclose 30 Rl
important fact that 10 which IAays Just referred
But let us hear bin farther:
! "q-Waa there any reaHon to contradict him +? A.
should hAvo no reason to. abstasncd conBcien
tiously and invariably from making figures or gly
figures to anybody With rcforcnco to the natsor,
} have until tho present time."
"Q.-Now, slr, did you, eitAor TO aarlneE or ans
body elsc, state anything do anything 10 mislca
them III relation u tito y2tuo OF thejr claims A.
certainly have nut intended to- It Ia impossible #
to tell what ofcct The interviews with mo may ay
bud. have not had tho intention to mislead au
| one,n
NAN MUST INTEND.
It ia rulo Of morals Of law a1lu Of common
NneAce oi his acts and, when this witness ss,
hero that llo did nut intend to nslead any one,
conduct waa Of Bieh chhFaclor hecesHarl
to lpro,uco that reHntt, nnd he, o. mau
Intelligence, must kno" that 10 oilo cannot avoid til
conclusion thAt tAat was tho Legitimate etfoct Of Ii
ntc 1hlRsatemept but Of TUG suppression Of Tho fa'
That WAS within his knowledge, anl which It wls Il
duty to communicate to tho parties. .
nayo thus gone over, perhaps with Homo dctai IL
record with Wow Of showing tho applications tin
Y Wero nude 10 tho Assignee What occurred aud
tho explanation which he himself gtscs of hiB col
duct. II may 10 said that The books were
tho disposal Ut aud coull be examined by tho cred
tors. suploAc tlat ts true that any creditor co
haTo examined tAeAo b0oks, ehct ulian application
the assignee ur to tho Court, but think Tint Ia re-
soli why, hecaufe tho crttlltora had tho power 10
0 anime the noaks, the Assignee, Mnlec tho c!rcus
t. stances Which lave boen nenltuaea SHOULD aurpre
Q fact so nntcral. sn.l Which was within hs know
Q edge, aud which Ae kuew waB not Within tbs know
Il edge OF aho applicants,