The New York herald., 1876-10-10

poinsmsn. had been made BY order Il this ccurt
dated January "a, 1875, The resignation of Outs
o ODonohue was appointed and Qun
Ian thereby directed, being serves
with certified copy Of suca order aud certificate
the Clerk OF the Court that Peter J. 0Donshuo,
Official bond had been died pass over to the sail
Peter ODonvhue all the assets aud effects Of ths
Guardian savings inslitutoa remaining IN his hands
und undistributed Bv order OF said Court dated
January 80, 1875. made on the petition Of James Gi
tie .sgnaton OF Jeremiah Quinlan confirmed and
said Quinlan required deliver to said Peter J.
o'Donohue, on or before the 18th OF March 1878, ai
the books, papers, money and of every knd, real ant
personal which may have come INTO his possession al
such receiver" Peter j. O'Donohue, on or about the
LIST or I'd OF March, 1875 employed Robert W. Inness
accountant. 10 examine the accounts or Quinlas
as receiver, aud his account OF moneys received b.
him OF the trustees Of Water Roche Mr. In.
ness although he csnes that Rieys entries as book
keeper received and disbursed by Quinian
10 u single cent yet was occupied in
aiming these books accounts until about the 1
OF september, 1878 The only difficulty in reaching
the true state OF The matter Was ths.-Qulnlan ap.
peared have received more money than lie had dis
bursed and. OF the excess Of receipts should
be on hand. Some OF the securities he had realized,
and had entered In the books the fact thai they
had been paid and he presented these satisfied secuT
ties as subsisng oblea'ions promp. calI ior pay
hue would naturally have brought 10 him Information
OF the fact OF such payment and should have led 10
vigorous persistent prosecution of tho reference
to determine and realize the amQent of Quinian's de-
fciency. The examination oil Quinan's accounts oi
the moneys received aud dsbursei by him trustee
OF Roche could not have required much ttne. as all
Mr. lnncss did in that regard was TO examine the en-.
tries relating thereto Quinlans books Peter J.
O'Donohus did file any account AS receiver until
April H. 1876 nearly thrcc months after the date OF
the orders under which The present reference has been
presented and about fifteen months after lie was rst
appointed receiver.
Fith-Thcre good deal Of conflicting testimony
given by Mr.. Joseph j. ODo.ohue and Mr.. McGowan Al
what severaly said by TO the other ~ respect
the transactions between Mr. Joseph j. O'Donoh1e
aud Mr.. Quinlan, before they had been perfected As
suming that each tcstihes good aiih to all the
m tters n La a
without attempting the difficult task OF reconcilina
their testimony, think perusai OF their testimony
OF all the testimony that has been given would not
weaken the conviction, which, AS think, the incon.
testble facts must naturally produces that the interests
OF creditors will be propoed by the appointment Of
some other person l think this Change
should be made, however unquestionable may be the
capacity and integrity Of purpose OF the present
ceiver. All which is respectfully submitted.
J. s. BOSWORTH, Referee
Judge Lawrence has reserved his decision on the
question OF the confirmation of the report