, 1876-03-03


Tho Aesignee did not feel Inclined to Incur OK
ncnsen IN additional proceedings In Now York
without authority from tho cssditofs. lho Nog-
iator thcH called OH Col. ]. T. Cooper to give
York.
then rose anil etatnd that ho bcostno convinced
abort time ago that decision woNld soon DO Kiv-
ou o tito r,lIe on Smith to pay ovar about s200.-
Ou0 belonging tn Tho Hthto ltiaurnncs Company.
IuRsn,uc1l M Smtt!, bad removed from this city,
,gst 10 New York, aud thon to AtotriEtoW,t, aud
lad conveyed awny Ills estate fn this city and
county, amounting to over $500. 600. It was very
important In rase tho Assignee got \ favorable
decision on The f1Io u nccufo Tie person OF
Rmitll. Ny tho tins an attachment could 30
issued on Smith alter the dcc'hion waa fontlerati,
Yolk ,si s aid present Smith from leaving. iIo
did 40, nud found that Smith waa making
preparations to 70. IIo thcn examined tho Laws
good faith begin any ,prouceoinRs to retain
Smith Ia that stato, but that le could do 70
under tho laws Of Sew York, no mattet What
might 10 1ndGo Drummond's decision. Ifo
from Smith. amounting, with interest. to about
&300,00o. Tho case was brought IN 1iroohlsi ~
1ir. Coopor found that no could iAvo spocdv
trial thcro-Within aixty days from tls t'm,o me Of
tho COMMENCEMENT Of the proceedings. JuaGe
10 bail 10 tic nuu1 Of s200.0nU.
Smith was, howovor. unable to got oondsn,en.
and hster lying In Jail . week M application vas
,,nde 10 the Judge and the ball roduced to sloo-
00O which Was given. gentleman in DnHalo.
aud auuther in Rochester, becoming 6ondsmorl.
Col, Coopcr ti,en said hc 1efk NssS York. but
that le Ind since been informed thae hlh1aVits
Ind been lately tllel by .. 7. Fnl!eF 4. y.
Mason, II. J. Morse Lester Dradnor. Jr., W. II.
Park, c. II. Smith. mud JOHN Alston. on behalf
Of smltl,. on which to base motion to DIS
charge ths bail. -.,--
whcl, was supported by theso afl1davlts. wan
lint while llo was Treasurer Of tho INSURANCE
Company and President Of the National Loan aud
Tsuat Company, tho Directors OF the Insurance
Company. boinR tho same peraons who filed
these aflldayi.s, made an arrangement by which
they accepted tho Loan and Trust Company hs
custodian in Ills place. though tho by-iaNs pro-
yidotl that ho only should bo Responsible. Tho
capital Of tue Loan and Trust Company was
only Sl0u, 900, Wills tho rnonuYs Of tho State
Insurance COMPANY deposited with It amounted
to orer SiO0,0O0. -.
Col. Cooper said further that IN his opinion
those Directors who lad committed Rnch breach
for my money go lost by taking the bank instead
OF the Ttoauter 40 custodian. In hia opinion,
also. II the proceedings IN Now York aud this
city were vigorously pushed concurront1y, 10
coycrod from, Smith. who waa living. In Norris
town IN elegant Btylo. Under tho laws Of Now
forz, Smith Has Obliged to account
for overy dollar of his ontate before
been begun against him. and that ho would new
CT ho ablc to DO to tho Satisfaction Of any honest
judicial tribunal. Col Cooper also Ind 4
LETTER FROM GOV. LOWE,
ono Of Ills nttornoYB III Eew York, which gave d
short account OF what had boon dono III New
York, au! stated That, In Wow OF the expected
tloclslon Of Judge Drummond, II it should DO
favorable to Tho Assignee and creditors. parties
Lad boon employed 70 watch George @. Smith;
States 10 avoid tho attachment OF tho
United States Court in Chicago, As
that process mould reach his porson.
and tlIat those parties having reported TINT
Smith was about to lenvo tho country, procoed-
ings wora commenced in Now York TO hold him
to bail. The bail waa axed at 100000, aud sub
seQuont!y On motion to discharge bail woek
hereafter: OIL it appearing to court that lIo had
boeu undor arrest @ week without giving hail
Judge Pratt reduced tho bail to 10000 on
Smiths counsel, Sfr. Tauderpool, stating that
his client could give that amount, which no gave
will pA:tloa in Buffalo aud Eocncnttr al sure
ties Who woro worth half million. The letter
then continusH:
fuc 1s7 Of code Will ahow you the exact effect
aud object Of b,i. Defendant must render himself
amenabla to The procers Of te court during the pen
ieicy Of the action, and for the enforcement OF tho
Judgment all times After judgment and sitter
turn Of n!a bona TO execution against property, then
% IN Comfy JILL Snisss judgment be T paid Dy scu. "a
of tho code, yon will what examinations Of defend
ant can tr Ind in supplemental proceedings.
1naAnuch as fur 1cafonA known tn yUu, II Is I1ta
within the power of Hnh 10 procure tho money
ssry 10 1ay tIa claim. very sanguine that ho
tFial and tho force Of pcraon1l e1ecutiou
aud imprisonment have been 4onp through with.
fDu nnserYel iu tho examination oG ouE
laws this Rbeet, When here, TINT he wpnll havo
long and rough roa 10 traro hefore obtaining .tis
Charge from imprisonment on final process.
TakiuH all ElnRa no confederation. and will niIt
past cxre5cucc Of such In Now York, think Il
altogether ayA2bls u push llia 10 judgment alld
execution against tic 1erao. II not settled to tue sat-
isfactiou of hp Assignee. This to til ta
bo especially desirable nav that Judge Drlsnnunl
1lun intInated In hts dcc!s.un tho rule TINT Smith
inability 10 pay (which be would ot courss not hesitate
10 swear t1>, would 10 good ca1se to discharge him
Smith will 10 smart enough to avail hinsef Of such an
tailnaon n1cba held In tho iron grip of tho law hero
Col. Van Arnnn followed Col Cooper, corrob.
Grating hts opinion, and also urging vigorous
aCtiou.
i. ", Hale then offered resolution that the
AHsignce bo authorized tn prosecute vigorously
thu proceedings against Smith iu New York. aud
a!so iu this city, until lle should pay over all
moneys In bis lauas belonging 10 tho insurance
company. Tho resolution WAS paAsed unant
,uous!y and tho meeting then adlouruod.
THE Cf3IINTY COMMISSIONERS