The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-17


Daniel Soyes, Attorney, and Benjamin Soyes. Presi-
dent o. the National Capital Life Insurance. Company
OF Washington, d. c.. had conspircd together 10 de-
fraud the policy holders OF the New Jersey Mutual In
Company by transfer OF It's assets 10 tho
the transfer WAC made secretly aud covcriy and with
out The the knowledge OF dcponent Mr. Kelsey, and
s. he believes. without the authority OF the directors OF
SAID company and that large portion II not All
the assets Of the company we're removed our oil
the State Of New jersey i, was further scs
forth that the value OF the assets 80 removed was
about ST. 600 o0o and that the person who carried on
this very large amount 10y stealth and III night " and
conceded the same in some secre, place, was Mr. Ben
jalnn Noyes Upon the strength OF this affidavit Gov
Bcdic issued his rcQuisitoI on the Governors OF
New York and Connecticut Tor the apprehension aud
removal 10 New Jersey OF Benjamin Noycs Noycs was
found IN Connectcut and such was tho haste oil the
Jersey officers TO gel hm their State that they
refused as i, il asserted 10 allow him 10 witness tho
completion OF the obseques oil his father He WAS per-
m.ited to 90 10 the church, but not 10 the grave.
xgw JERSEY JUSTICE WITH EXTREME COURTESY.
Upon reachihg Newark Noyes was taken before
Judge Dcpuc. The amount OF bail demanded was set
Al 500 600 which, though not large sum considering
the euormy OF the crime alleged against Noyes, WAS
100 large tor I'M TO obtain speedily Instead OF being
lodged IN jail, " the custom with alleged criminals
when unable 10 procure TAIL Noycs was comfortably
auartered at the best hotel IN Newark and allowed the
iulos. liberty ample opporun 70 escape y. 80
Receiver Parker and Noycs counsel being engaged the
who negotiating for return OF the assets alleged
10 have stcalLhliy carried oil aud reduction OF
the bail Before the week ended the assets were
turned ali that Noycs possessed, according TO his
affidavit since made. Not only was Soycs SUI held,
but, nut under expression OF public surprise At so
great an alleged criminal beng SO very consueratey
dcalt with in the matter Judgement ho Was AT lcag;n
removed 10 the county jail An exam naton thcn
ordered in h is enable the Judge TO determine
the amount oil bail required. AT the examination,
which occupied Two days, now facts were developed
Moves told the stand subject 10 cross
the same story he told from tho lrst Finally Judge
Dopuc fixed his bail ut So coo and he wac liberated He
continues to i've ~ Newark. aud says DO VIII now see
the matter out July.
new IIcnr on 1.-THE CONSPIRACY
In his AFFIDAVIT Mr, Kelsey charges as above quoted
that he transfer TO the Natonai Capital Company OF
the Mutual was made secretly and covery, and Us he
believed without the authority Of the directors Of me
Mutual Company. But At . meeting or the Board OF
Directors OF tho New Jersey Mutual held January .
1877 at which were present President j. H. Steadweii,
Vice President Force and Directors Vroom, Hobart,
Giles, Wright, llaistcad. Overflow Cannih, Trenor,
Wales and Baldwin, 1t was unanimously
Resolved That special committee OF three be appointed
by the president to consider and the
s n m 90 that in case
such committee shall regard such rs desirable
snch srranrement ana that under their a
president shall execute AL papers and do MI things
necessary 10 carry the same into elect
The committee appointed under tho foregoing con-
sisted OF General ~ n. lialsei ex-Presdent Of the
New Jersey Stale Agricultural Society; Henry W.
BALDWIN, and Henry H. Trcnor. Twenty days alter
wards the Board met again and the committee made
the following report, which was unanimously
adopted-
To rnr PRESIDENT or THE NEW JERSEY MUTUAL LIFE IN
The committee appointed by the Board of Directors of
this company special meeting held January 1877. to
pany and to thereof respectfully
they consider .hs offered " the is'9 h Ga
and most advantageous avaaole and they advise the I'm,
mediate acceptance OF the same and the completion oil the
contract according 70 the said terms.
Dated January "a. 1871 :. :, ,,r,n~r -.
i nkskY II. I BsLnWfS.
In accordance with the terms proposed u contract
was executed their respective companies by Stead
we'll Of the Mutual, and Noycs OF the National Capt.
toll From the foregoing II would appear that II there
has been conspiracy such Mr.. Kelsey alleges, tho
board OF directors co.conspirators with Noyes,
SteadweIl 81 al In 1874 the international Trust CON-
pauy OF Jersey City, consolidated with the United
States insurance Company, with the knowledge aud
consent OF Mr. Kelsey, as shown by The iact that his
reg ular tees $500
A ONE THOUSAND DOLLAR CHECK WITH SECRET MS
TORY.
Last December Mr.. kelsey became satisfied that the
affairs the Mutual did not wear the coleay de
appearance they did when, alter his examination III
1874 and the Hope reinsurance, he pronounced the
company in "a sound and healthy condition" He
ordered examination. What TRANSFERRED Is well
known. put there are some things not generally known
In connection with tue matter which arc now OF un
usual interest. Tho Mutual in addition TO Its regular
counsel Sir. Daniel J. Noyes, had special counsel III
pears un entry showing that 1000 was PAID TO Mr.
II. ). Little, New Jersey Clerk III Chancery, Tor
..leoal expenses The cheek drawn by Steadwcll
ana indorsed BY Little On tho Chemical Bank OF
New York, shown yesterday 70 the HERALD repre-
sentative Upon the company's check BOOK was the
memorandum s.sundry expense account illegal ex-
penses) Of H. $. Little 81 00O" Is mystery
these le2ai services were Tor which Mr. Little
received December 1876, this snug little ice. AS
a matter OF fact II may be stated that MI Littles
Office Is IN Trenton; he enjoys salary OF about
SO 900 per annum as Clerk OF Chancery and accord
iag 10 legal etiquette declared from practising law
Yesterday, when the HERALD representative called ut
the Mutual Office III Newark to verify his Information
by examination the books III regard 10 the Lltto
check the legal gentlemen present were greatly sur
prised, and wondered much what the legal services
rendered by "Stan' Little could be.
THE AvESEL MORTGAGES.
The facts in regard the Avcne mortgages have
already been gwen There is little fact however, not
before published, which Is interesting When the prop
cry in Mddlcsex county was examined by Mcssrs.
Ezur Wright, ex-Statc Treasurer McAiichacl ana Mr.
Kelsey declared by these gentlemen TO DO worth
Sl5, 600 THIS was in 1874. In Mr. keiseys affidavit
last month charging the conspiracy he says the
Avenel property '.s not never has been worth
than IRON $4,000 TO $4,000, and probably not
than $40, 600" And now, IN conclusnn, there Is
a very loud call IN Newark Tor the Grand Jury to go
tho bottom OF the whole Affair." This IT promises 10 do
ana with unnecessary delay.
Mr. Charles Brinkerhon, secretary OF the latter. is
the only new witness known TO have been subpunaed
The Idea expressed in the HERALD that the stockhoid
crs retired in 1872 would be held Liable Tor the
amount in payment o their stock appear to DC
right The attorney for the receiver yesterday
informed writer that preparations were making Tor
cvh SUITS 10 oc p"snco ~ NV 'ol.i .h. .io
individual Stockholders. The list OF their names
includes many OF the most prominent in Newark.
Receiver Parker said that his course could
not be determined until tho Grand Jury
counsel had completed their investigation OF the
transaction. II there were any moneys due TO the
policy holders he should them II possible. He
sand that OF the most important things to be nc
complished accounting with the Continental,
whose officers we're SO much gled with those OF
the New Jersey Mutual An informal conference with
this in view had already taken place between himself
and Receiver Grace; but rs the attcrs Office was IN
jeopardy there ugnt be considerable further delay In
the settlement OF affairs between the companies
THE SUIT fGAINsT THE UNITED STATES.
The particulars OF the suit brought by John riton
aud others against the United States Lie Insurance
Company have been heretofore fully published in the
HERALD. Tho plauurs II will be remembered charge
the officers OF the company with fraud and misuian-
ageincnt aud ask tor accounting and the appoint
ment OF a receiver A demurrer TO tho mendcd com
plant was recently argued before hici Justice Daily
the Court ., Common Pleas, aud the following opiuion
yesterday rendered by the Chief Justice ovcrru!us
this demurrer. which ntcrposed the ground OF
tho improper joindcr of several OF sctscn in
tho com psint:-
JUDGE DAYS or:SIox
nlelc ltrt m tori v