The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-03-27
DURREL'S DEEDS.
Significant Testimony Taken in the Con.
gresionaI InvestigatiOn-The Famous
Orderef Mechanics Hall-NOrton's Sys-
tenn of Settling Estates in Bankruptcy.
From the New York Herald

tenn of Settling Estates in Bankruptcy
From the New York Herald
WAsHINTON, Feb. l9.-The following most
important testimony is among that taken
at New Orleans in the investigation Of the
charges against Judge Durell locking al his
Impeachment for corruption and maleteas
ance i'll office ard Is taken from the official
record Of the evidence. Great pains have
been taken here 70 keep it secret, copies for
the press having been peIsistingly refused.
Emery .. Norton is the celebrated asslg-
nee in bankruptcy appointed by Judge
Durell, and is generally credited with much
of the dirtiest work Of the period Of anarchy
in Louisiana. and is accused of having pro-
fitted largely from the emoluments and per
quistes OF his position in r0bbng from
unfortunate debtors and creditors (whose
affairs have passed through his hands, to the
full extent of an insatlate and questionable
avarlce.
Emery f. Norton was sworn and eXamin-
ed by the Durell Committee OF Investigation
on December 81.
THE NUMBER OF VICTIMS.
There may have been fifty or a hundred,
or fifty or sixty. He had been custodian of
about 1900 cases. In some cases where he
had been made co-assignee in the settle
ment Of large estates, it had been done
without the sanction (by election) of the
creditors. He had also been appointed to
this Office by the Register of Bankruptcy,
acting in accordance with the general order
OF the court giving him the power to do So
The witness, in con junction with the other
assignee, made bills of sale of property
Some Of the estates were in Louisiana, and
some in Texas. Arkansas, Mississippi, and
even in Tennessee. The sales of property
| ~ bnd
three auctiOneers and branch office in
Monroe. some 300 or 400 miles from New
Orleans, where some sales were made. The
witness said that there were about GOO
petitions filed of estae es at that point; the
amount of property sold there was $1,000 or
$1,000.
SCALE OF FEES.
No regular scale of fees was established.
Norton on this point said:
The charges that have been made by the
assignee have been made in this way. The
statute says this: Five per cent. for receiv-
ing and five per cent. for paying on the first
$1,000: two and one-half per cent. for re-
! ceiving and two and one-half per cent. for
paying on the next $1,000, and ono per cent
for the balance, if there is any. When reas-
enable compensation was allowed | have
charged what was reasonable compensation
for my attorneys, clerks, stationery my own
services; and where have real estate have
included the printers and auctioneer's bills
and the fees of the Register, Marshal and
Clerk.
THE SYSTEM OF RELEASE OF ESTATES.
in some cases: the property that was releas
ed, subject to mortgage, was where property
was mortgaged for much larger amount
than its value in those eases | have petit
til ned to allow me to release the property
for compensation which might be agreed
upon between myself and the mortgage
creditor, or the party in interest holding a
mortgage, with the vendors privilege.
THE AssIGNEEs' LITTLE HAUL.
After l had agreed with him what he
would pay for the services done would then
petition the Court to have it allowed me as
compensation for services rendered.; another
class of cases is this file my account and
notify the creditors that l have filed my ac-
count for a dividend, if it was dividend,
and / notify all the known creditors that
am gong to apply on a certain day for a
settlement of my account on certain estate;
if it is before the Register, the Register
passes upon my account if there is no oppo-
sitlon: should there be opposition, it is re-
ferred to the Court and then referred
to a Master in Chancery or Commissioner
to examine the account, and the report
of the Court; then there is another
kind an estate | find, after going
all through it, is not sufficient to
produce any money TO the creditors; then
petition the court to allow me to file my
final account, and give twenty days no
tice to all the creditors that or a certain day
/ will apply to have my account settled and
be discharged from the trust of assignee
on the day fixed appear before the court,
and generally, where there is 10 opposition,
the accounts have been passed; then there
is another braLch of cases in which there is
not enough money to pay expenses; then
petition the court stating that | have adj
minstered the estate to the best OF my
ability, and that there is so much money IN
my hands, not sufficient to call a second or
third meeting OF creditors and l ask to be
allowed that sum and be discharged OF any
further duties as assignee will now cite
another class when | have sold property
subject to mortgages | have sold most of
the estate, or released it to the mortgage
creditors. rather than sacrifice 1t; l have
agreed with the creditors that | will release
the property on their paying what l would
he entitled to receive under the Bankrupt
law; | would generally arrange the matter
with the lawyers: | ascertain whether 1t is
valid mortgage and examine as to whether
the property will realize anything to he
common creditor.
ERASURE OF MORTGAGES
Then | petition the court to allow ME to
release this property to the mortgage credl-
tors and allow me to settle with them as to
the compensation | shall have for doing this
business that is an agreement between my
self and the creditor: l then apply to the
court and state what / have done; that l
have made this agreement with the creditor;
that he will allow me so and 50 to detray the
expenses of the bankrupt, aud ask the court
to allow me the amount have agreed upon !;
that has been the way with most OF the pro-
perty released out of bankruptcy; | will tell
you how have disposed of other property !;
in eases where had property two or more
years on my hands, say sugar plantation
abandoned during the rebellion. the court
would grant me this order: Allow me to
petition stating all the facts that the pro
perty was encountered, and ask leave OF the
court to erase the mortgages and sell the