The New York herald., 1877-03-20
Singular Allegations in The Suits Against the
Guardian Life Insurance Company.
ONE OF THE sCHEMERs
Drawing Up a Complaint and Then Search
ing for q Plaintiff.
ACTION NEEDING EXPLANATION.


yesterday at No. % Nassau street, order to permit
Mr.. Raphael J. Moses put In some new testimony
respecting Receiver Anderson's accounts ON account
OF the absence OF the latters attorneys and Of some
who had beer subpGnaed as witnesses, the examina'
tion postponed until Thursday next
or all the present insurance troubles that which at
tracts the greatest interest Is Ia Of the North
America and Guardian Mutual companies. The nsti-
CATION commencement ana sudden interruption OF the
suits against these two companies have been matters
OF much comment and speculation In the proceed
ings at White Plains Saturday last.
Counsellor Hill referred ''cerlain papers" which
the defence had served upon him, and which he pro-
posed to read in court. This objected to by the
defence, and tho contents were not then divulged.
Those papers were aidavits made TO prove that the
suits not properly or honorably instituted. The
main portions OF them given below, and II
they represent the truth. they reflect in
no light upon the character OF the
plaintiffs proceedings Insurance 'wrecking"
Is q process which ut the present
time, aud certainly not tho policy holders, Will re.
gard with suleranco. In these suits, which are stil
being pushed tho defendants yet boen heard
but the afidavit OF President Furber below emphati
cally all charges OF mismanaeemen Mt Furber
says that instead OF improperly inducing North
America policy holders to sell change to the UNI
versa as alleged ho issued circular to tho policy
holders especially requesting them to inform the man.
agement Of any misrepresentation by agents Mr.. G.
l. Roberts mado affidavit for plaintiff in the suit
above mentioned, and no makes another explana-
tory Of that action
AFFIDAVIT O. A. ROBERTS.
In this instrument doponent says that he resides in
No. 1857 Washington street. Brooklyn and that he first
knew Of this litigation Of Belknap VS.. tho North
America Life Insurance Company about the 22d OF
February last Prior 70 that Time he had met Jacob
advertisement in the NEw YORK HERALD, ad.
dressed TO the policy holders in the North
America Lilo Insurance Company, which he answered
In reply G. W. Oiney called at HIS house on February
4, but deponent was not IN on either occasion.
Tuesday, February doponont called there. He asked
| for Mr. Oney and gentleman introduced himself as
repned that he had eaiod relative 10 the
advertisement and asked Mr. Horton II he was policy
that he was not and injured deponent would be
willing give such Information as he possessed re-
specting the company under tho control of j. Fur
ber Deponent asked what use he proposed 10 make
the and what grievance he had against
Mr. Turber. He said that Mr.: .Furber had cheated
him out Of $30.000; that he had sold Mr. Furber
the Charter Oak Lie Insurance Company and
was to receive s5o,ooo OF which $4,000 was
still owing to him. Horton further said that ho pro-
posed bringing suit on behalf Of policy holders in
| the North America and Guardian companies that
they had a strong combination behind them,
throw the companies into the hands Of o
friendly receiver horton said that be had beer, been
amount OF money therein. Dcpouent asked
how Horton expected to get his money back and how
ho fdcponent was to be compensated. Horton an
swered that all who gave their aid would receive
appointments under the receiver, and be handsomely
compensated. He mentioned as possible receivers
John W. Bgelow, formerly Of Bseow Coyt, and
another name like Copperthwaite, and still others
went with Horton 70 the Astor House. and gave
him his address. On the day following dcponent
in as s q
dross get interview, he was going out OF town.
He deponcnt II he was willing to visit Mr. John
/. HILL who to be counsel In the They went
to HLls office together had half hours inter-
view with Mr.. HILL On the evening of the first day
Uiney's house. No. "a Livingston place. Brooklyn.
There deponent met Oncy and Mr.. Brown The
subject their conversation was the proposed suits.
SEARCHING FOR POLICY HoLDEas
Dcponent male several engagements with Horton
which not kcp. by the former. On one occasion
Hotel, but he did not arrive until late. He was In
formed that Jayne had been hunting up evidence re-
met Oney and Horton. who SAID 1t was too late to sec
Jayne that night. Deponent next day met olney and
Horton the Astor House, when they talked over tho
same subject Tho matter went along until Fob
ruary 81, when deponent and Horton had an en-
they missed each other, ana when deponen
reached his home he found a note from Horton ro
aSss''os o!cs os the the asa S Of EeSruary a. eleven
went there at that hour and met Horton, B. G.
Jayne, A. NJ Lockwood and !; s. ilastery Deponen
seven that evening. Tho complaint aud afhda
Wits in the suits against the North Americ'
and one against the Guardian was then drawn, depo
ncnt supplying the facts. The plantds names were
not in the complaints and dcponent did not boar any
names OF plaintiffs mentioned. Lockwood and Horton
went out and together at about fvo O'Clock
when there talk about some man they had been T.
see as plaintiff, but who declined. Then Lockwoot
, said he had better 60 Yonkers and get Bel
KNAPP and have him on hand In the morning
Broosiyn Court House next day. shortly after Lock
woods departure deponent aud Hill went 10 supper
and dcponent went to Hil's house at eleven oclocl
. st.A
, which he had not yet sworn to- Their
were several clerks there copying. Deponens re
was introduced to Belknap SH,ll read the complain
10 Bcknap, and other papers ana letters. AM
4 BeIknap sworo to the complaint. The complaint II
q the Guardian not ready, as John +. Henry
VINO was 70 nave e puvn ,as s s" Notification wa
made TO the Court on that day.
WITHOUT PI.,INTIFF.
On Saturday Flattcry and Lockwood were hunting III
@ q Guardian poIicy holder, aud they found a ma
: named smith, William L., deponent believes, and the
HiIls that night and hc was 10 bring the SUIT
= case Henry positively declined Dcponent aud aorto
went 10 His house in evening, but the latter wa
not ut homo. AS they went out u carriage drov
! up containing Lockwood. Flaitery and. smith Whe
they returned again. they found Ihcm there with Hill
q Mr. Smith declined TO do anything until he had see
u his counsel, Mr. Turner The latter was sent for an
Hill read him the complaint and stated that he pro
posed the connection between tho companies
. turner told Smith that II the gentlemen would lndem
y nifty him there was no reason why he should not pro
cecd but ut the time II was matter for himsc
. TO decide. After consultation between Turner HI
= and Smith, II was decided that HUI shoul
= sec Smith on Monday vt eight o'clock Deponent wa
8 informed that they wanted policy holder 4
the Guardian, who lived In Brooklyn as they wantc
y the action 10 be brought In Kings county. Deponer
:, called on man named Meighan in BROOKLYN, ana on
= named Augustin Murdock IN New York. with
WOW making them plantIs but resulted IN notf
y ing The next dcponcnt heard oi tho Guardian cas-
- was the announcement IN the papers thi
1t was brought by H. Il. Tremalne Dcpt
ncrt read the complaint In this cast
and It was substantially the same as thi
prepared for Henry, and which Smith was asked 70
plaintiff in Deponent does not know Treinainc, ne
n who found him and induced him be plaintiff. II
>. was obtained ut the last moment, alter Henry m
- Smith had declined. From all deponent sa
AZ | a.L haa.d frnnaacfiona