The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-02
JOHN BRoUGHAM's ANNUITY

The trial OF the suit brought In the Marine Court by
William }. Phipps, insurance agent, recover $500
IRON the Now YORK Lille Insurance Company for
having as he alleges procured the investment lhe
annuity for the benefit OF Mr. John Brougham In that
company, was yesterday continued before Judge
Goepp The investment OF &c. a00 In this form IL TO-
ported to have been somewhat unsatisfactory to the
veteran actor he ns alleged while admitting that was
altogether matter tho his friends having
expressed preference to DO permitted to have
access to tho fund for the benefit OF hrs creditors
Seemingly sill more dissatisfaction exists between
the plaInuf In this and the company as TO the
payment OF the commission another AGENT and the
claim now made by the plaintiff Tor ,he amount.
On the part Of The plaintiff IL testified thai no had
been comm unicson both with the trustoss Of the
iund and SIR. Beers, the actuaty OF tho company,
him 10 NIKE the Investment ~ ,hat
company and that Mr. Beers had promised hin that
~ such 40 eveut hc would By paid nvc per cent CON-
Qucntly so made he expected 70 be paid the commits
sion iof which nc sueu. There was also produced
tue same side a1davit aud letter from Mr. s. L.
Barlow, In which he admitted that the plaintiff had
been active In tue endeavor TO procure the investment
10 be made In tnat company, aud That lar he
concerned he had asscnted. Mr. Ph,pps was asked a
number oil questions as to his conn cotton with tho
organization OF several companies, including petro-
lcum company, winch bad, II was intlmated, ialed,
but the witness insisted that ne merely shared the
sponsiolity with many prominent men IN this STATE
aud Pennsyivania IN HIS efforts IN that directon IN
sluding many officers OF Insurance companies aud
late Daniel :. Dickinson. When Me- W. Burgh, IN
smpioyc OF the company during nftecn years past,
vas placed on the stand 10 testify Tor tho defence he
vas asked On crossexaminntion by Mr.. Avery, coun-
sci Tor the plaintiff u he had failed In his duty or
"burst mp" while agent OF the company Micnigan,
10 which no Indignantly replied that he had not He
also contradicted the plaintiff IN several points OF his
testimony as to wnat said durine four interviews
which took place between Phpps, himself and Mr..
Beers the act ary Of tho company. lie asserted that
the reason that the psintn had not received his
mission was because the application did not como
signed with his name, but, ON inc contrary, In tho
OF j. r. DIX, another agent, who dd receive the
commission. Mr.. Beers, the acuary OF the cornpsny
what the two latter had said 10 him on tho sub.
jcct oil the litigation. lie denied emphaticaIly
that the application had bocn presented by
Mr. Thcodorc Moss In person. or that be ever said
share OF questions besring indirectly on his crcdiby.
He asked In reference TO the f6f 900 forgery on
his company, the check Tor which hsd been cashed by
the Union trust Company, II the officer who paid tins
ins Hc denied enpbatcaiiy that such assertion had
been made by any one; he denisd with equal cmpha.
SIS that Senator Harris nad been paid $4,000 Tor getting
the examination OF tho company through, ana with
more gvod nature but cqus. postiveness dcued that
nc had ever been "a shoemaker on Eighth avenue
Further testimony was gwen showing the payment by
tho cashier OF the company oil the mission TO the
agent Dix, through whom the application had been
formally presented and ut this point the ad-
Journed 10 this morning.
THE JUVENILE TRAIN WRECKERS.
-Four lads with cropped hair were orragncd for trial
by Assistant District Attorney Rollins, tho Court
oil General Sessions yesterday, before Judge suthcr-
land the charge against them being that OF obsuc,-
usAed. OWING mainly 70 sne fact thas u wee one Of