The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-30
The President Of the Mutual Life Insurance
Company Versus the Editor Of the
Insurance Times.
Matters Of Interest to Insurance Men, Poll
cy-Holders, Police Commissioner
Manierre, BALD Eagle"
Hustled and Others.
Is THIS A MINIATURE M0B1LIER?

Among the present inmates OF Ludlsw Street
fail is Mr.. Stephen English editor of the Insurance
Times, who ''languishes" in that now historical
bastle in compliance with an order from the Supe-
rior Court, based on the summons and complaint
OF Mr.. Frederick s. Winston, President OF the Mu-
tual Life Insurance Company OF this city, who
claims that, by certain articles published, or caused
to be published, by Mr.. English, he is damaged in
character and reputation to the amount Of $780, oOO
Mr.. Winston, in his first complaint, makes eight
distinct charges as grounds for damages. He pre-
iudes his charges by stating that fer nineteen
years past he has been the President Of the Mutual
Life Insurance Company, and for twenty-five years
. member of the Board of Trustees; that the
business of the company Is larger than that of auy
other in the United States; that the accumulated
assets are upwards OF $500 900, and the Presi-
dents office is therefore, Of great RESPONSE
bility; that he always discharged the duties hon
estly, and never embezzled or malappropriated any
Of the funds msmanaged the business OF the
company: that until the grievances OF Mr. English
he had never been suspected OF the malappropria-
ton or
ENLIGHTENMENT OF THE FUNDS
Of the company; that he receives large salary,
and is partly dependent that salary for the sup
port Of himself and family. He states how the
company Is organized and under what laws it acts,
and proceeds to give the grounds for his complaint.
Mr.. English. the defendant, was for several years
superintendent of Police in Norwich, Norfolkshire,
and Leeds, Yorkshire, England. He is native Of
county Clare, Ireland, and came to this country
ten or twelve years ago, bearing number OF testi-
monials to his bravery and integrity from the
"ROya Humane Society" OF England; from Charles
Francis Adams, while American Minister; from the
Duke OF Northumberland and many Others When
arrested by order of the Court he was advised by
his counsel not to attempt to procure the large
amount Of bail demanded, but to go to Jail and
suffer as martyr for his cause. In accordance
with that advice he now occupies seat of honor
ut Warden Tracey's "hotel," and will continue so
to do until discharged by the Court or released on
q more moderate amount OF security.
1t may be remembered that great stir was cre-
Ated by the official inquiry last year into the
management of the Insurance Depar tment under
the late superintendent Miller, which resulted in
the removal OF that Oiflcial from the position he
then held 1t was claimed, and with great show OF
truth, that Mr.. English was instrumental in caus-
Ing and urging along that investigation, and
through the columns OF his paper he commented
on the Mutual Life Insurance Company, or rather
the cers 81 the VINO sup
management OF the business of the concern. Out
Of this grew the action commenced by MIR. VIM
ston Tor
ALLEGED LIBELs
printed and published in the Insurance Times for
the months of June, August September, october
and November, 1872, and January, 1879.
The first paragraph OF Mr.. Winston's complaint
appeared in the June number in q letter from
Stephen English ITO His EXcellency John I. Hof-
man, then Governor of the State OF New York, on
the question of filling the vacant SUPPLEMENTARY
Of Insurance. This letter said
ported the Officers Of The Mutual Lie Of this City,
Of ore who woa e% e
Smences of their maappropriat2n of the eompanys
course they are anxious to keep their places They have
Eantly, and legislative investigation of man
will taae place NEXT @ they are to
iHtendent." ' ''' '''' '''' wy" ''1' 80
This, Mr.. Winston AYERS, means Messrs. Winston
the Mutual and e"i that they have embezsied 1.-THE
company's funds.' For this Mr.. Winston claims
The second alleged libel appeared in the August
number, In these Words
These servants have aspired to the entire and
he av and a ss a of their
their own property.
For this paragraph Mr. winston claims $4,000
sFThe third appeared in the September number, and
reads thus:-
Thus does Mr. Winston ride the company and subject it
they his % He advances large
falsely as premium, receipts, &c.
This paragraph Mr. Winston charges with doing
him damage to the tune OF $4,000.
In the same number there appeared an article
commencing "Who would not be President OF
purely Mutual Life Company :" and, after describ-
ing MI. WInStOn'S return from u tflp 10 Palestine
last Summer, terminates with dialogue between
Messrs. Winston and McCurdy. in which they
represented as agreeing to vote that stephen Eng
l.sh ''is mad" which was ''carried unanimously"
by the two. This article, Mr.. Winston AYERS, dam
aged his character and reputation to the value of
$4,000.
The October number contained an article enti-
tied IA Warming to Poicy-hoders," 1t referred to
Mr.. Sheppard Romans having resigned the actuary
ship Of the company, and then proceeded to say =
tleman Of honor was not fit associate Messrs. Win
DO not care s for life insurance beyond the facility
affords them e make money faster than they could gain
This paragraph Mr.. Winston charges as libellous
and damaging him to the value of $4,000. In the
same number, in an article on 'Income and Assets
OF Insurance companies" 1t Is Asked
How did the Presidents and officials get rid of
sl 2ss not shown under any heading l Of
Did the lose s sun y SaS M ref
Srepancy ' Of stI, iis,Ss. ~ ''''' N''
This forms the basis of Mr.. Winston's claim for
the sixth $4,000 OF damages The November num-
Der contained an article headed, Lille Insurance
Finesse," In which 1t Is said:-
family w bn Sa is sn Ss n about BY an to ep
cover up and authorize his irregularities, and of course
share in the GAIN &C.
This is the seventh alleged libel valued $4,000
damages. In the same number there appeared an
article headed, advertising Extraordinary"
which stated that
MT Fs Winston, the President of this company, is
sorting to various devices to neatraze the effect OF our
OF winston Is expensive one, for an attempt
suborn the insurance to side him or at least
TO remain silent and neutral Some his sops ire very
extravaganL &c.
This forms the eighth alleged libel and the last
published during 1872. For this Mr.. Winston
claims $4,000. This makes 100000 in all.
The second summons and complaint on which
the order OF arrest was granted and in which the
bail is fixed at $4,000, contains eleven different
articles, published In the January QS73) number.
Those articles treat mostly OF the attempt by the
Mutual Life Insurance Company to reduce the rates
OF premium-a movement which created great en-
citement in all quarters OF the country. which
aroused the Indignation OF the old policy to
such pitch that the company was obliged to give
up the attempt and allow the old rates to remain in
force.
THE ANSWER OF MR.. ENGLISH
has not vet been prepared, but IL Is his intention
to obtain the material for his answer from the