New-York tribune., 1878-04-13
DESERTING HIS TRUSTS.
A RECEIVER SUSPICIOUS ABSENCE.

a
HENRY A. sMALLEY MISSING, AND FROM $4,000 TO
$4,000 OF TRUST FUNDS UNACCoUNrED FOR.
A motion was made, yesterday, before Judge
Van Brunt at the request OF Judge Donohue, before
whom the matter was first brought by Martin L.
Townsend, one of the attorneys in the suit Of Bam-
berger against Hyams, asking the removal OF Henry E.
Smaey who had been appointed receiver OF the assets
OF that firm by Judge DODOhue, on January 49, 1873.
These assets consisted of certain leases Of real estate
and buildings principally at No. ASS BroOme-st, No. 50
Lspenard-st, No. 16 waker-st., and tenament house
at No 210 Deancey-st The rents amounted TO about
$50 900 year. and out Of this sum the ground rent the
interest certain mortgages well as taxes for sew
era years. were TO be paid.
The papers submitted 10 Judge IAN BruDt, who re-
versed his decision set forth that Smalley rregu
larry appointed receiver because the bond Of $500
which he was required tO give on January H. was
signed only by Thomas WlnsOr, a lawyer al No %
Parkrow security that Wnsor had not justified, be-
cause he was able. and further that he attOr
ney for Smaey at the time Ii is also urged as another
reason why Mr. smalley should be removed. that al
though he has received the rent OF the premises men
toned amounting to IS, 900 S6.OO0 only few Of
the expenses which have become due since he took
charge, amounting to several thousand dollars, have
been paid. The petition further AYERS that thorough
search has been made for Mr.. smaey but that for
month he been seen and the belief is expressed
that he has abscOnded.
his friends as well his legal opponents. All admitted
that it was impossible TO ind him. Smalley was seen
month ago at his wes apartment in the French
fiat House, at Broadway aud l1ftysee9ndst by one OF
his friends He then Ill from prolonged nt0xica-
ton but said lie should be down town the next day.
His wife, who is invalid, processes ignorance OF his
has no children One his brothers in the city
Thursday, making inquiries but with no success lis
has fled from the country, while others aver
that his absence is caused by prolonged de-
| al5 that IN he npt
trust receiver in the OF Bambe 10 Hyams
but that the securities and iunds IN MS hands as receiver
ST. also missing. j. H. strahan, who Is the at9r
had not seen Mr. smalley for a long time, bat felt
easness about the trusts IN his hands lie admitted,
anxious and had made many fruitless inquiries. The
amount of money, therefore, which the missing man
called account for is between 100000 and
Henry A. smalley. who is forty years OF age, is
the son of Judge smaey OF Burlington VT, who died
about year The fainter man OF considerable
reputation, and,was the first Judge who took exception
to the suspension OF the writ o haoeas corpus Dy sece
tary Stanton during the war This IL Is sand led TO tho
retirement OF Henry A smalley from the United states
Army, in which he was serving as captain OF the lst
Artillery. He had been graduated at West Point and
later be taught French there Ho was one Of the engi-
of the Croon Acqueduct and had mueh 10 do Win
a corporation known as the Nova Scotia Stone Company
Tpress in this city, Much Of the stock Was placed by
him, and he also the Washington cor
recent management Of Tie star was under Mr..
smaleys direction until IL sold sh1t time TO
tanned In his position receiver, was used 10 pay the
expenses OF The Star before his retirement Recently
Mr. Smaley had been appointed 10 many receeTshIs by
Judge DUnOhue, who placed much confidence IN nun.
Among the Institutions whose funds ntusted 10
his hands, the CarmOnt savings Bank the street.
Cleaning Association, the firms OF Bamberger Hyams,
Brown and Wthere, and the National Capitol Lie In
surance Company IN the state OF New-lorE. from
the fccevership of the first he was removed on the
motion OF the Attorney General The trusts OF
the Street Cleaning Association were, it is said,
mainly lawsuits, the papers OF which are
In the hands OF the associations Lawyers His relations
with Bamberger 4 Hyams ana Brown a Witnereu have
been mentioned The National Capitol Life has no
ley been very dsspaed and 1t Is for this reason
that mis- friends claim his absence 10 occasone by pro-
ionged debauch Ii has generally been stated that he
was in Washington, where inquiries have been made,
but gentlemen who have had appointments with him ia
that city have never been able TO lind him.
Richard Kelly, President OF the Fifth National Bank,
at No. 800 Third-ave.. where Mr. Smalley had AN ae-
count said last evening: :" do not for q moment be-
iieve that General Smaey has absconded am bonds
for him. receiver OF the Street Cleaning Assoa-
papers now in the lawyers hands. Having
heard however that Smalley's conduct lately
had been dssipated, sent for him for talk lie was
sober when he called just ten days aso He pro-
posed willingness to resign the recelvershp OF inc
Street Cleaning Association time II was wished He
told about the state OF his finances. He - by no
means bankrupt having stock 10 The stdr and me Ere
tng Express well money recently inherited
from Judge Smalley's estate There balance now in
favor OF Henry A. Smaey at our Dank nave not the
Eighteenth Ward at this present moment He will turn
up a few days"
Several other persons interested in the Brown and
Withere case which $4,000 Ia at stake laugh al the
idea OF defalcation, and say that smaey is Of
immense spree.1