The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-09
THE INSURANCE BATTLE.
Omeers Of several Composites TestifyfnG n
superintendent smyths Trial.

ALBANY, March s.--Tho Senate resumed
consideration OF tho case Of Superintendent
Smyth Mt 10'i this morning. Thee. NJ. Banta of
the New YORK Life Insurance Company was
called. The bills Of Mr.. Lambccr for $1,000
and David Williams for $3.50. approved 10y Su-
perintcndent Smyth. were offered in evidence
and not objected to bv counsel for the respond
cnt tSmythl.
Question DO you know Of any other charges
made by attorneys or appraisers for services
connected with those examinations!
Tho witness replied that he knew Of no other
bills.
Counsel asked whether Senator Harris did
NOT receive check for $1,000 on oct. 20. 1877.
Witness replied that such payment was made.
but he did not know that Superintendent Smyth
know anything about this mnttcr The aggre-
| gate amount ~ the bills paid for this examine
| ton. ordered hv the Insurance Department.
Henry Stokes, President Of the Manhattan
Life Insurance COMPANY CHILLED and sworn:
| ono Of the firm of Harris K Rudd was engaged
| about month looking over the $50 absir lcts "
titles held 10y our company. Their bill for
| 1851 sc was paid hut was not approved by the
| ors9.7jO for appraising property was not paid.
Witness said that he had a conversation with
| Mr. Smyh at the company's ofll'e. and he said
that bills must b. paid ifthe investigation was
| 10 be continued. The Superint"nleni said that
| ih" law requiring the signature of the Comttrol-
! lcr TO bills WIS nnrOnStifutiOna ana N" tStnNtnl
| promised to gave wtness a copy 81 legal
| opinion on tho Inv. Later he was furn ishcd
WIN Wrh az 9pn,9n;, sisnG ny Srgs' hiIi larrls
Counsel for Mr.. Smyth objected.
The Chair decided that the witness might an
witness replied: "Bocause the bill was not
| audited hv the Comptroller"
.Q.,.Why did YOU pay the bill OF Mcssrs. Harss
| A-Brcnuse we had forgotten that provision Of
lay requiring his audit. ,..... .,.,
| represented about sln0 400 900 worth ofrroperty;
The hill of Harris & Rudd WIS presented ny Hnr
! ris AMI paid him; thought 1t WIS pretty hg
| hili; did not desire to como III conflict With the
J. l.. IIalsey. Secretary Of the Manhattan Life
| lin wis for $3.50. In conversation with Smyth.
the latter said that the law Of 1873 WIS uncon,
| stitutional, and gave witness Rcopy ot legal
| opinion which witness marked confidential !"
| A. he inferred that il wa- to be 50 considered
! when Smith handed il 10 him.
Artcnus Il. Waldo. "A lawyer of Port Henry.
sworn: Am senior partner of the firm IF Waldo.
| Tobcy, 4 Grover. Have an Office in Nrw York
| ing over the titles. including Col: Calkins. Mr.:
simpson, Mr., I. $. Smith. and +. L. Morgan OF
h@fT obcy ns nga xxx any Sew Ynrs nS s a
| Fever saw the bill or check for the work before
il WIS shown to witness this morning. The
| firm kept no bank account
| Qpnstion-Did YOU get any part OF the pro-
| ccrds ~ the check
| Objected to by Mr.. Smyths counsel, and not
| insisted on 10y counsel for the State.
Counsel for Mr.. Snyth said that It made no
| difference whether the partners Of Tobey shared
| with him or not.
| Counsel for the State said that he thought IL a
| proper cir 'umsiancr to show whether the
| moneys We're properly accounted for between
| tho partners.
The senate ruled that testimony on this ques-
| ton should Ice given.
| Witness replied that ho called on Mr.. Tohey
| who paid him 81 CPS IN New York city with the
| remark that that WIS Arm money Witness had
| paid one lawyer $500 since Mr.. Tobcy went
| away. and another WIS paid t5lO.
| Cross exam incd-Scnator Tobry is in Aiken.
| s. c.. where he is dangerously i'll: no conN
| nicnt opportunity has occurred FOR "a settlement
| OF the affairs Of our firm.
| In reply To Senator Raines. Mr.. waldo said
TINT money WAS paid him about I. 10. 1877.
| Marcus Il. Grover. the junior partner OF the
| law Arm OF Waldo. Tobcy 4 Grover. was.ncX,
| sworn: First learned that bill for s2i 900 was
| allowed his firm when Supt Smyth > letter was
| published stating tho fat.
| Cross-eNumi ned-Tobcy told him in Septem-
Der that The firms bill would probably be about
! $4,000.
James Freeman Secretary Of the Globe Nh.
| tnal Life Insurance Company. called and sworn
| The examination Of his company WAS beluu
| last November. and il still continued. Mr.
| Kudd made examinations Of al siracis ~ titles
| t. property. The check for 81 a16 in payment
| for the services. was given 10 snatur Harris
| Cross-eNaminrd-Tn nj strae's of titles wcr,
on property worth 81 100000: 1900 OF their bill
| was Tor other services.
On motion Of Senator Edick. the trial wns
| postponed until Tuesday morning at ~ O'Clock