New-York tribune., 1874-01-17

| the frauds and peculatons upon the said Company.
unlawful neg gent aud improper acis above FORTH
did about the 10 day OF July, ls73 IN violation OF
the statute In such made and provided. procure
the appointment OF the said Daniel Cbauncey one OF the
said Trustees Receiver OF the said Brooklyn Trust
Company Tnat the said appontment war inhde oy 'os
| Supreme Court in the County OF Kings IN cause IN
which the said Alexander McCue was plaintiff and the
said The Brooklyn Trust Company was defendant
Tha regular notice Of the appllcaiion for the ap
pontment OF such receiver was given TO the Company or
officer thereof. as proyided by law mat as tne de
feDdant is iniormed aud believes the said appointments
made coilusiycly and that coliusve and fraudu
lent appearance ana consent procured for the sad
Brooklyn Trust Company. the said defendant IN such
action or such Application and that no person was
the SAID Brooklyn Trust Company or to consent 10 such
appointment as receiver That on the said application
the Court appointed the said Daniel Chauncey suon TO-
| cever. aud by order OF injunction erjoned and re- re
strained the said Brooklyn Trust Company and its OIL
Gers from interfering shd inteimennilng r, VIII
the ah'irS OF the said BROOKLYN dya,,.d IrIs, hv
Lawn o the application for the said nnnctoa Was given
the proper officers OF the said Brooklyn Trust Com
pany ud that the said order OF injunction aud appoint
ment OF receiver. the plaintiff well knew was Illegal
and void. and violation OF the statute in such cases
made ana provided Ihnt upon sncn appointment ht,s s
Daniel Chauncey took possession OF the goods cnaels
and effects OF the said Brooklyn Trust Company anu
made ana filed his bond as such receiver ana the piah
joined IN the bond given by such receiver as oho te
suretes thereln ana the plainh attended from dhy 70
day at the occ place of business OF the sad Brook
jn Trust Company and consulted ana al'5eu Ti,h M
said Cnauncey, ana assisted INN in and about the Affairs
of SAID Brooklyn Trust Company.
That the said ~ r. ROdman deiaulter as afore-
said 10 the said Brooklyn Trust Company, and having
r"uduenty wfIngiy' anu ielo,o,IoT T' ,,ama"y
large OF money the property of said Company, 10
wit: the sum OF $4,000 or thereaDouts as aforesaid
That afler the suspension Of the sd Brooklyn tfuSt
Company. and after the said Daniel Chauncoy assumed
aforesa,d negotiations were entereo into 10y the SAID
Daniel Chauncey. ana the said pa,n ana ,he 'ald ~.
said BrooGyn Trust Company. or to the said Daniel
Chacoy pretended reccyet thereof the said money
which tho said ROdman mad wr0ngiuih. fraudu.
lenty, illegally, and 1eionlously taen IRON inc sdd
amo in NJ
negotiations maCe bet wccn hiui aud the Sai Chauhccy
and the sid plaintiff did on or aDout thr ili ~ day oi
AUGUST, return and pay 10 The %ad CGauucey
receiver tue sun oi ai3OOJ or thercanouts'
Ths GoIeHdin further answering, AYERS On Information
and belief that the said money rcfundedor pad
by the said ROdnan 10 the SAID CHauhccy OF 10 te
said Brooklyn Trust Company ~ phisaaIce Oh the ne
guations ABOVE and upon tne understand
Ing or aIr tncut Idt he sAoud nos De PTu,cVto iol
ms said crimes ana p'cn aons Dy ihe Sad nnuhcty %
and tno said p.aiui. That the said pdlutiH AMI me
sad Cha ucey, tno defendants arc lnforincs ana D
ieye. did thereafter abstain ron prosecuting e"o
s...,i IsOa.uan Tor sad crimes ana p'culitlons.
That tne defendant. the said article c0mpldhe o..
IA, thr pttnt,n and alleged to be Ueous. referrrd t'
IA vs. circumstances frai crimes, ioiones, peouaA~
hd above set forth and not OLhei Wise, ana
Nd u1dersrood by the readers of That all
tho AMI above set lOrth are True
this defendant Il informed and believes. h4l lAe
,id arr cle was pnb isned in good faith. without malice
ana acts stated IN the same were received ~ ihr
Defendant. TnE TRIBUNE Association, III lle OTuhdry
rurs- az Is bu.u,., =, and we're publLsnud item, OF
general aud OF interest To TIE pubic anI 10 llt
readers TIE TRIBUNE. go
Ana 10. furtncr deienso. and in mitigation OF any
dam ,gcs which the plaintiff mis otherwise seem
enucd 10y the SAID puDiicdtlon the ue.eiiht
vii on Lie rIal hereof prove the FOREGOING facts and
circumstances as fully as hero specially pleaded IN
alton Ot damages. And the SAID Defendant repeats
and rruew- all and singular the facts and matters above
a.. fortn and will give them and each Of them IN eVI
dence IN mitigation ~ wei H. al Justification.
ru5 defendant. THE TRIBUNE A,sOritlon further al
leges in mil cation amy 10 winch tho SAID
plaintiff might otherwise seem entitled the tUhoWlIg
acts and tlnces viii prove the The
trial o this cause IhdG prior 10 the suspension oi the
Brooklyn Trust Company an1 prior 10 tue deat Of
the said Etnebert s. Mlls. the said planuh that
tnes a
guilty Of the crimes. pecuitlos elonl's, fraudulent
and IMPROPER practices above set form, some "I
them; (aiuth dd nor discover on disclose the
same his associates or oncr members OF the said
BDdtd uf Trustees or Directors OF tine said Company.
That defendant is informed aud believes various Oc
casons prior of the said Mills. % the meet
ugs Oi the Board of Trustees OF tIe SAID brJoAyh Irst
Company, or meet tinGs of the Committee oi the
said Board Of Trustees resolutions were Introduced or
motions we're maze to appoint a committee 10 eAamhe
into the affairs OF the SAID BroDklyn rust COMPANY
tAat p4inllr although he rad Information Of such
deslcati0HS, irregularities, ri0nlS ana crimes Oi tle
SAID Mills and knew mat the sad Mills had wrpngfuy
anI uuiaGiuy appropriated tEc money anu luhds o1
SAID BROOKLYN Trust Company 10 MS own use he, ile
plaintiff opposed aud defeated and aided 10 deicat the
SAID ni!lon or Iesolci.a ana Ircyel'ed ihe appont
Dent ~ such Committee. anu preSeh"l the "Sininh
ons INTO the affairs of said Brooky lIn't COMPANY!
the said crimes, frauds dethictto"'' leiohlrs
and Irregularities Of said MlMs above SET
thu defendant s informed ana norVes, WIN t1r
edge and consent oi tne planth mad at certain
tain person persons and had taken collateral or
otAcr security nereOr the b0nis Issued on parportinS
~ nIle value and NJ ADEQUATE hceurty Tor the
money loaned the That said loan or loans,
the paiutf we'll knew. were Illegal ana in violation OF
the CAar;er Of me said Brookiyn Irist COMPANY IAat
the sau Brooklyn Trust Company the defendant =
informed believes with inc knowledge ami consent
uT plaiiilr ut certain ulpc uincs, loaned
,orc,. amos led with II Ia certain person or persons
and mad collateral OtlOr security therefor, the
bonds issued by railroad companies or other companies
or corporations. That all snCh loans were, the PLAIN
tin llcg n violation OF tht Chdrtef Ui
sud Trust COMPANY That said Brooklyn Trust Com.
pany at times, with the knowledge and consent
1 NJ ms
various and trustees and Officers or san Com
| pany. including the plantf. That such loans were
usually made indirectly through the medium Of some
friend partner, erpuye. relative. or clerk OF such
director officer; all such loans were Illegal and
lin Trust Company, tine plaintiff we'll knew. That tine
fgauas committed on the sali BroOKyn Tras Company
tices oeerS~tno were So great tnat he said
| Tri.t CJmpauy became insOyent and unaOle To pay
IL, dehis Inat plai innf had In violation OF law,
procured. tne app0.utueui oi q receiver OF the sai
i}rooaIyu Trust Company tnat he wa on intimate and
confidential relations with, the sad NJ l. Rodn1n, ana
great apprehension and excitement was caused 1nd
existed ~ Brooklyn and other cities and places on a.
count OF Affairs OF said Trust Company ana the con-
duet OF The Ok thereof in connection herewith.
That the publication said TRBt NJ wao intended 10
be and fair statement OF the facts Ia relation to
of he plaintiff IN connection wtn the SAID Brook
| lyn Trust Company and fair commentary thereon.
Wherefore tho de cndant prays tDat the complaint
I herein bC dismissed win costs.
CoESEIIus A. RUsKLE. Defendants Attorney.
Cily and COusty Of Ner lort SS.: Thomas y. EoOker
| tle Secretary 1HE TRBGNE Association, the de
fendant above named being dnly sworn, depo~es and
says hat lac read the foregoing answer and knows
thr thereof that the same Is true ot h- own
knowledge save mstterr therein stated on iuiJr
nation belief; and nat, rs 10 those matters he be
/, lievrs tho SANE 10 be true. THOMAS y. RookLR.
sworn 10, @c.