The New York herald., 1877-03-20
THE NEwCoM-BBUTLER CASE

i II r IN e w NOM DD " - AAN S~A~-
A coRoNBR's JURY VIEW THE BODY OF MARY
o1LMAN's rxFANr--sTILLBoRN-MR WASH
1NGToN >. BUrLERs STATEMENT.
Coroner Flanagan, with his deputy Dr. Miller
visited tho Norgue yesterday afternoon to vew the
body OF Eliza simmons infant, WHICH was OK
humed at Calvary Cemetery on Sunday, &C
companied by the following jurors-George Niles,
No. 722 Broadway; W. II. Baxter, OF the same places
L. S. Silva, No. 726 Broadway; Gilman Claymore, No.
73l Broadway; Clarence Lowell No. 74S Broadway |;
Blocker Van Wagner. No. 75l Broadway; John Dan
ies, No. 1859 Broadway; John Kaughran, No. 1853
Broadway; c. B. Slcher. No. sos Broadway; s.
Adams No. s25 Broadway: A. s. Burt, OF same place,
and j. H. Pritcnard, No. 10 Union square. The dead
body In rough pine board cofln and was laid on
the window sill in tho Coroners' room. The jury
walked past It in single file while Coroner Flanagan
held the lid up TO afford them an opportunity Of view
ing the deceased The remains seemed to DO those Of
white infant.
This is The body of the child whose birth and death
have occasioncd much trouble TO Mt Butler and DE-
Newcomb on tho complaint OF Detective Boiand DR..
Miller made autopsy 10 ascertain whether the child
had been the victim OF malpractice or not urd when
he concluded his minaton the reporters asked
MIN tor the suit but before the Doctor could givc
reply Coroner Flanagan interposed, and acted as
what the autopsy revealed lie said quickly sob us
a stiborn chiId-a stilborn child" And DIR. Miller.
noddng assent hurried to his buggy and drove rap
idly away. The inquest will take place to-day Ut half
past one p. n.
srArEMExr or Mr.. wAsnIScrox ). nurLxn
representative OF the HERALD called upon Mr. But
lcr his Office yesterday aud Obtained the following
statement from that genteman:--"l have been in-
formed from various sources that the United States
Life Insurance Company have had detectives watching
for three months have known that 10 0e tho iact
but had no reason to think tnat hath tho c1mpany would
sonaly In order to defend themselves against an ac-
tion which had against them. morning paper re-
United States Lile. that ! would DO disbarred,
and have been crediby Informed TO tho same
effect from various sources for months past. Mr. Dc
Wit the Lutte president Of the insurance company Is
alleged to stated that the company had expended
$50 900 1ghtng two lawsuits against 1t. aud that he
would expcnd any amount 10 ruin mo professionally.
These acts be proven by credible gentlemen. My
orly accusers are Mr. Boland, who is IN the pay
OF the United States Life, and has boen en-
ployed by it for the purpose of shadowing me
account Of my litigation against 1t, and the woman
Carey, who to my knowledge and from the state
ment OF Dr.. Saterce, police surgeon, was intoxicated
when she gave the information to Boand but who,
before the police magistrate denied all the statements
duplicating either myself or DR.. Newcomb. The re-
port morning paper, purportng 10 be the statc-
ment OF Dr. Sat'eree as 70 VIVA, su' a%a as :"
m0res statement touching the paternity OF the child,
was report OF frank and truthful statements, and,
being mado by gen tleman not only eminent in his
profession, but also connected with the Police Depart
mcnt, 1t should have great weight.
HIS RELATIONS WITH MRS. GILMORE.
My relations with Mrs Gilmore were thcze Of her
employer to who had served myself and my chill
dren and those OF charity aud humanity. do not
charge the company with directly instigat
ing the particular action which Boand took; but do
charge It, and accept the responsibility OF so dong,
with employing detectives for unworthy, unbusneSs-
ike and unprofessonal objccts-that IS, TO secure
tho means Of discredng lawyer personally and
socially for the sole purpose OF intimidating
him from the performance Of his professional
duty For months past both my clients and myself
Of or friendly to the insurance company for the pur-
pose Of discovering II possible, tho slightest flaw in
our professional reations to soc whether my clients
sought me or sought my clients to bring the action
which am conducting against the company
str AGAINST THE INSURANCE COMPANY.
Falling to accomplish this object or learning that
regularly and professionally retained as counsel,
aud that had appealed to the courts In lawful ana
proper manner for the redress OF tho wrongs which
my clients complained the company then resorted to
stroke my private character. The United states
Life ridicules the character and the magnitude OF the
action pending against It, and yet finds 1t necessary to
employ the eminent counsel Mr.. A. j. Varderpocl
TO defend 1t, and to resort to other means In
the hope OF Its withdrawal. The action was
commenced IN October last and the company has
succeeded in cvading the service OF the 10 the
complaint until the present time The point upon
which the company is sensitive. judging from the
Of It's defence, Is that part OF the complaint
70 Sv o ana
| OF changing policies, set on foot. as IN the cast
Of the bankrupt Continental for the purpose OF IN
divdun aegrandizoment by saving what Is called the
| reserve. motion was made TO strike out this por
ton Of the complaint irrelevant or redundant and
after elaborate argument before Judge Robinson IN
behalf of tho company, such motion was denied
whereu pom application was mado for q stay
Of proceedings for tho purposs, Of The arpo"
piaint charges in substance, conspiracy on
the part OF the officers and directors OF the Untet
States Life Insurance Company TO sell out the com.
pany for The purpose of securing its assets by the
cess of reinsurance or amalgamaton with some Other
company. One object OF the action Is TO c0oln this
proceeding the par. OF the company and TO compe
| il to continue u pursue It's legitimate business.
orsiuaiy held TWO policies Of ss COO each, and .ha
this plaintiff was induced 10 surrender THIS and Il
accept policy for $4,000 in December. 1871. ant
that to induce him to mako the change, he wa
persuaded by the company 10 believe that the iormc
policies had acquired certain value and that the com
pany would allow him the amount OF such value. Thi
plaintiff claims that the amount thus allowed was bu
small portion OF the amount that should have beel
granted and but u fraction OF tho actual surrepde
value oi his former policies II was alleged by tn
plaintiff that It has been tor many years the practice
through misrepresentation OF tho officers OF the com
pany, 10 induce old policy holders to change then
and accept new ones iI their stead 70
purposes OF individual gain to the officer
and managers OF the company. These practices, IN
complaint alleges have been carried on SO extensive
that the parties IN question have thereby wrongful
appropriated 500 000 and resorted 10 severa
devices 10 carry out their schemes. This acton
brought, not only behalf OF the nominal plaintiffs
whose policies amount to Sl2 Ooo but also N behalf
all the policy holders OF the company OF whom, prob
ably. many others are entitled 10 the same relef q
THE RETAINER QUESTION.
''Mr Brosnan. the superintendent OF agencies for tn
company, charges me with seeking retainer as coun
sci for the company. deny the charge. In July las
called to see the president OF the company at tho r.
quest at gentleman representing party capitalist
who desired to buy stock OF the company met Ml
Brosnan, aud was informed that no stock could b
purchased. on rising to take my leave said 10 hln
in a casual ana social manner, III your company
which, | suppose, hus its counsel, ever has occi
sion for other professional services give mo call
asked for retainer and expected none. That is N
substance OF my only interview with Mr.. Brosnau.
81 will only add that while should not speak OF my
self and should speak rather OF my bad than my goo
actions, on many occasions when have been tracks
by detectives, have In fact been engaged IN Who'll
unostcnta.ious work OF personal Charity among n
poorest OF the poor and IN doing may have zee
misunderstood and unjusty suspected OF unworth
motives"
COSTLY WATER WORKS.