The New York herald., 1878-03-09
SUPERINTENDENT sMYTH.

SUPERIN IENDEAT SMYTH.
SECOND DAY OF TIE TRIAL BEFORE THE
STATE SENATE now Ex,MISIEG LAWYERS
'.r1LED UP THE BILLS" AGAlNsf NsUaANcE
COMPANIES.
ALBANY, March s. 1878.
The Senate resumed consideration OF the Case Of
Superintendent smyth At hali-past ten ths morning.
THEODORE NJ BANrA's TESTIMONY.
Theodore 81. Banla, OF tho Now Yoik Liic lnsur>
ance Company, recalled. Tho bilis OF Jil l. m-
beer for S5,OO0 ana David Williams Tor $40 ap-
proved by Superintendent Smyth, were oGerei in
evidence aud objected TO by COUNSEL Tor tho
spondent (omythl
@. DO you know OF any ohcr charges made by at
torncys or APPRAISERS for necicd wnh
these examinations? witnoss replied 'lal hs knew
OF no other DIls.
Counsel asked II Senator Harris dd not receive n
check Tor 1000 30 1877. witness replied
that sucn payment was made. but ho did not know
that superintendent smyth knew anything absut this
matter. The aggregate amount OF tho bills PAID for
tins examination, ordered by The Insurance ,ru
mcnl, was about S33, 900
MASHArTAS COMPANY.
Henry Stokes, prssidenl OF tho Manhattan Life n.
suranco Company, caisd and sworn One OF the arm
OF Harris " Iudd ged about mouth looking
the $50 abstracts OF ttlcs held by company
their b Tor $6,3lI 30 paid, but WAS not approved
ior $1,000 Tor apprasng property was not paid; w.t.
ness stated Ind conversation with silytn at
tho conipsDy's Office, who SAID the bills must be paid
u invcstg atom 10 contnue, tho SupcrIn-.
tondent sad Tie l,w requiring the signature oil tho
Comptroller to pills Was unconstitutional, aud ho
(smyth) promised 10 give witness copy oil legal
opinion tue tw laier he was furnished WIN such
an opinion, signed by senator harr's.
q why did you not pay Murphy's bhl2
Counsel Tor air oinyth objected
The Chair dccided mat the witness might answer
tho question
Witness--Beciuse the bil was not audited by thu
O. Why dia you pay the bin OF Mcssrs Harris q
Ruad without the COmptrollcr's auditg a. Because
had forgotten Ihst provision of law requiring hia
sonted about SlOuOO,O0O worth OF property; the OH
OF Harris Il kuad was presented by Mr.. Harris aud
PAID HIM; thought II wns preuy Dig biJ Gid do
s.se como Ia cOufct WIN tie department
MURPHY LITTLE BILL.
j. H. Halsoy, secretary of the Manhattan Lie fn-
surancc company, was next calico :-MuiPay's bll
Tor $gs5O 10 convrrsallOn with 5nytn The latter
saIi tue Law oi 1913 was unconst utional and gavc
wines copy o a legal opinion, which witness
marked 'connhentia, as be Infcfred was to be SO
considered when smytn handed n,o nm
TESTIMONY ronrY's PARTNER
Ariemus Waldo, alawyor 10 P0rt Henry sworn:--
Am senlor partuor OF the hrm ol Waldo ToDcy IL
6rover; have Office 10 Sew York city had four or
hvc pcrsone engaged IN looking inc tlo- in-
cudibs Coiouei Caikins, AR. simpson, Ar. II. j.
Smltn and H. E Morgnn OF Now YORK. noyer had aiiy
accurate information tnat Iobcy sick New
York CITY last ial; mover saw the blll or check
the work before II was shown TO witness THIS morns
ing; tie Hrm kept no bank account
q pid you set any part OF the proceeds OF tho
cbcck2
Objected to by Mr. Smyth's counsel, and not In-
sisted by counsel for tho state
Counsel Tor Mr. smyth said II made no difference
whether the partners oi Tooey snarcd with Nun n
not.
Counsel tor the state said no though, u a proror
Circumstance TO show whether the moneys props
erly accounted Tor between tie partners
fhc senate ruled that testimony on this question
should be gwen.
Witness rcpId that ho called on Mr. ToDey who
PAID him sllG2j ia New Iork Guy, with .thc remark
that that was irm money. witness had pniu ono
lawyer $500 since Mr. Tobcy went away, aud anotDor
was paid 5000
Cioss-exanIncd--Senator 1obcy is IN Aiken 5. Ca,
wncrc no Is dauRorousiy III, no Onyonicnt oDpcr>
tuniy mas occurred Tor tho settlement ol the AsirA
OF our Irn
In reply TO senator Raincs Mr. Waldo said moncyz
was paid him aDou, Octo0or 10. 1871
s2l OO0l
Marcus H. Grover The JUNIOR partner of tho aw firm
learned mat a b Tor s2i, 900 was allowed ms nrfn
wnen Superintenaont Smyth's lcuer was pubisLcd
htating the TACT.
Cross-cxam nod--Tobcy told him In September thas
the nrms bal wOuit probably 20 ABOUT SO, ,OJ0
globe INSURANCE COMPANY.
Jam0s Freeman, secretary OF tue GlOuo Mutual Life
Insurance Company. called ana The exalni.
nation n his company commenced November aud
still continues; Dir. Rudd made examinations OF ao-l
slracis OF tss TO property the cncox Tor $19lG IN
payment Tor the servccs was Harrls<
Cfoss-oxamincd--lho abstracts OF ltles wege on
property worth ~, OJO, 500 OF tncr bn was iof
oihcr scrvlCps
Or motion of Senator Edlck the trial was POSTPONED
until tuesday morning az ten o'Ciock.