The New York herald., 1877-02-11
NUDDLED LIEE INSURANCE.
Further Examination of the Dissatisfied
Continental Stakeholder.
THE NEW JERSEY MUTUAES ASSETS,
How Mortgages He'd in New Jersey
Are Affected.

Abraham v. Dc WITT referee In the Continental mat
ters held another examination yesterday at No. 20
Nassau street. largo number OF attorneys APP
pearcd, including Mr. Henry Smith for the Attorney
General, Mr. L. l.. Coudert for Receiver Grace, Mr..
Robert Sewell for John O. Hoyt and Messrs John Nc
Keon William Barnes and Raphael Moses for various
policy holders.
Little was accomplished by the proceedings, which
were entirely restricted to a further examination OF
John U. Hoyt, AT whose suit tho company dis
solved. Mr. Smith desirous OF ascertaining that
gentemans financial condition at tho time he became
u stockholdcr In the concern. He irst demanded OF
the witness generally what property he pos
sessed In August last when he purchased tho fifteen
shares ot Continental stock for $1,000.
RULES EVIDENCE
Mr. Sewcll objected strongly to a continuance Of
that branch OF the examination. He said that the at
torney the had gone nrthcr into tho private
affairs OF tho witness than the rules OF evidence would
permit. Tho witness had been cross-cxamincd upon
what ground he knew not, unless IL werc that OF an
unwilngness to answer. But the witness had given
prompt answers, and IN instance could his conduct
be construed into stubbornness. Mr.. Sewell claimed
that the attorney for tho State trying to force bis
own witness 10 give testimony that would impoach
him, which altogether wrong. All proper evil
had been given respecting the property Of the
witness and there the matter should end
Mr. Smith stated that tho witness not theirs,
though called by their sdo and that all the circum-
OF tho alleged purchase Of stock by witness
were such TO tho strictcst Interrogation.
Tho referee said he thought they would go little
further into the matter.
Mr. Sewell again objected and citod authorities to
substantiate his position
Dir. Smith asked II Mr. Sewell appeared for tho
witness, and ifso, upon what authority.
Mr. Sewell replied that Mr. Hoyt was mado party
to the action aud entitled to counsel. Moreover,
he INT. Sewcl) had been with regular notice
OF the proceedings
Mr.. Smith--To appear for sido
Mr.. Sewcll-Thcn for your sido object to such an
abuse of the rules Of evidence.
Mr.. Smith said that to avoid delay they would
servo the question: Ho then asked the witness II he
kept bank account IN this city IN August, 1876.
Witnoss replied that he was not positive that no did
he kept account IN the CITY Bank OF Brookyn be-
drew money by check from tho State Bank OF Eliza
bcth N j. with part OF which he purchased the Con-
' MonK OBJECTIONS IsrKarosED
Mr.. Smith, to witness How much did you draw from
the Danky
MIR. Scwell-I OBJECT to that question: on tho samo
grounds as before.
Mr. smith, to wtncss-How long after you drew tho
money from the bank did you purchase tho stock?
Mr.. Sewcll-I object to that also.
Mr.. Smlth-For whom are you objecting now!
Mr.. Sewel-F0r any one; Tor you, II you like.
Mr.. Smh-If 1t Is for US, ihcn we waive tho objcc-
ton. General laughter
The Reieree--l don't think, Mr.. Smith, that we will
allow that question.
In OF fact that tho referee othc In tho
desired 10 return to Albany the afternoon train
IN adjournment here agreed upon. To give the
Butler reference complete It's examination the
meantime tho day for reassembling fixed tho
23d inst, when Mr.. Hoyt and Mr. John j. Ande rson
were requested 10 be present.
kIsErTnxG THE RzcEvER's APPOINTMENT.
A motion madc yesterday morning before Judge
Pratt Of Brooklyn, having IN view rescttlement Of
tho order appointing William r. Grace receiver OF
Continental Lie Insurance Company Several changes
In that order asked tor, only two OF which
arc important. The main object was 10 make Tho word
ing o the order such to clearly define
and powers OF Mr. Grace, and preclude tue possibility
OF legal complications arising between that receiver
his predecessor, Mr. Anderson. The latter but
suspended from Office and the motion plates his
complete removal, not, however, relieving him from
any liability Tor his acts as receiver. The United
States Trust Company designated tho place Of
deposit the receiver, and extension OF time
uskcd in Roierce Butler may pass upon the
accounts OF Receiver Anderson.
Judge Pratt gave counsel further tlmo In which to
settle somc differences TO the wording Of the new
order, and will consider It again Tuesday, the 10th
inst
Mr. Henry Smith, who represents the Attorney
General III the Continental matters, prcsont IN
Court an Observer but not 10 take any part in tho
proceedings.