New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-13
SUPERINTENDENT sMYTH'S TRIAL.

SUPERINTENDENT SMYTHS TRIAL
THE FEES PAID TO WALDO. ToBEY GROVER AND
TO HARRIS & RUDD-THE OPINION BY JUSTICE
LANpON EXPLAINED-AN ATTEMPT TO CONNECT
SENATOR HARRIS WITH MIR. sMYIn-VALUE OF
LEGAL SERVICES.
ALBANY March 12.-The Senate resumed
the trial Of superintendent Of Insurance smyth at 10
O'Clock this morning.
william L. Calkins, Of Ticondcroga. called and
sworn: Was County Clerk of Essex County Tor Twelve
years: is now a dealer in real estate knew members
of ex Senator Tobeys law finn; was employed by them
last year. looking over abstracts OF titles held By the
New-Yoik Life Insurance Company, from june II unti
November. at their Office III New-YOrk City; Waldo
spent two or three hours day for two weeks In
the Office overlooking and advising ab0ut hc abstracts
witness thought there about $500 or 1000 BONDS
and mort cages examined; there was other bueincss
Of much amount transacted at the New-iork Office by
Waldo & ToDey; received little over 5000 from the
firm for my services nusy on the abstracts ron tDc
latter pari of June unul October; The abstract o the
property was certified by Bogerr aud thos' OF
BrooKlyn property by Weeks witness explained how
the examinations Of abstract. were made made
eminsIioIs in tie County clerks Eeri,eI's oaices
Cross-examiucd-Thc work OF examination was made
rs Thoroughly as If they had been gone over
before; was not paid in fan for his services {;
he was to have - a day and pay MS own expense.
Martin ID. Conway lawyer, was nrNI c'Ilcu was Ten
wears clerk in Harms d Key nod's law office.
Mr. Hale, counsel for the state, handed witness the
& W9 %I Mo ar 0 hanGwre witness saia
the bill was III Senator Harrls's handwriting
WIN. T. RuGd, OF the law irm oi Harris Rudd was
then called and sworn: i twenty-five years Cd; vas
aimlItcd to the bar IN 1879 Frederick Harris was ad-
mil ed to the bar IN ISL th hrst IIprls e44nh,u o}
his firm those OF the lautic Mutual LIE 81 Al
bany; The next was the Universal Life OF New Iorh;
was engaged abOnt hve weeks AT the once oi inns COM
pany next examined the Manhattan Life Insurance
next Examined the metropolitan lac; hrAl 'A,AiH,u
the Homeopathic Life; next the Globe Mutual I1ic; am
s at work the kucKcr0Oc1cf ldIo Insurance Com
pay ma out an me DIS Oi ms hn; tl'! NyIe lh"'.
basis oi 3 of per cent ana not VeiiY any "i
tailed report the department OF each paper examined
FREDERICK Harris, OF the firm o. Harris Eudd w!s
next called Graduated from Union College III 1879,
and was admitted to the bar ia May, 1877 aided IN ca
amuing the Manhattan and metropolitan lIic insuIanc.
Companies looked the abstracts Of titles and II
anything was found. IL was reported 10 the cOun-
sci fOr the company.
JUSTICE LANDoNS DECISION.
Ex-Deputy Attofney-Genora Page was next called
and sworn Was present in court at schenectady when
applications made for the appointment of receiver
for the Universal Life Insurance Company There was
no question brought before Justice Landon with refer
TO tue powers OF TIE Shpelniendeni OF ne hsuI-
ance DEPARTING nj under the statute OF lsI3; the mOoh
to appoint receiver was dismissed III each case
The following papgr ~, , y ar,S n b,y Eli
ing Court Warren County when the order of sGpieb
T. 1877. In the matter OF the Attorney General against
My attention not called to tne Act oil 1873, nor
was then or ever asked to give any opinion regard
10 IT. aud have never given any option IN regard to
that point. Other motions ia inc sau'g i,l9e'su-
counsel engaged IN the proceeding were before
me. The order in Question asked for by the
company was briefly aud Informally cApautd ~
counsel and aided possibly By some suggestion by lne,
was understand H. substantially III me ra',ic OF q
consent order stated BY counsel that the com
pay required by law 10 ply the expense incurred
iy the Department on investigating the company, ana
that the law could not 10, Complied win uIess me III.
junction was modified. Nothing said either about
mon whose audit The order settled upon IN Tic dis
cussiOn, not rccOlcct it, then presented to me
for signature, but presented by Mr. Paige subse-
ouontIy looked over, and the items FOR expenses III
cured by the Insurance Department for the inst nc
it was expected that should audit those accounts
wanted 10 know about them. Ills reply was
Department. snlJec to its audit aud not mat OF
The court that they had been approved by the depart
ting their payments. The order presented me for sigma
ture bore the approval III wllilng OF john A. MCCALL
Deputy superintendent Of Insurance. rs tho other
parts Of the order met my approval, and this had the
written approval OF the department ana was asked Tor
by the company, signed the ordcr. d. ,. LANDoN.
EXAMINATION or INSURANCE OFFICERS.
Morris Franklin, president OF the NewYork Life In
surance Company was sworn. The investigation cost
his company about $4,000; had no personal knowledge
OF Senator Harms having received $1,000 from his com
many last Fail: heard IlIm0r to that effect. Did
a check was gwen Senator Harris for - 900 a
retaining fee did not understand that was
IN reference to this investigation.
l. s. Irrrick, secretary pro TEN OF the Universal Life
Insurance Company was called ana sworn ana icstHcd
as to the presentation of the bill already given.
William II. Beers, ylco-rrcsdcnt OF the New-York
Life Insurance Company, w.B GATED hlr Iobty pre-
srnted a letter florh the Dcpari nent June and
the examination OF his company was begun immediately
after.
Mr. Hale asked if there was any other expense aside
from $4,000 for which bills were rendered. What
was the 50 900 paid Senator Harris forl
Mr. Peckham OF counsel for Superintendent Smyth,
denied the right OF the Senate to into the iDvc5ga
ton OF the private affairs of senator Harris:
Mr. Hand of counsel for the State, asserted that the
question was pertinent one.
The president decided that the question could be
Witness said that the payment Mr. Harris was in no
way connected with the Insurance Department.
Recess until p. m
EVENING SESSION.
The Senate reassembled at O'clock Mr. Beers, Wee
president Of the New York Life Insurance Company. re-
sumcd the stand Counsel for the people asked the
total cost Of Investigation, exclusive Of adycr-
tising Counsel for Superintendent Smytn objected, aud
me senate directed mat s question 9 be @s~ersd
ployed counsel TO look after the report and get 1t
ODD You expect that the s. 900 paid Senator Har
ris in November was 10 help through that report
Ave did so consider
entyiive thousand dollars was appropriated In
1877 for clerk hiro and expense, of the In
calling upon superintendent Smyth with Mr.. Har
ris in reference 10 the charges In the bill Have not
New-York and talked with seyera! persons there IN re
ference to the merits OF the talked with Mcssrs
Beers, Franklin, Manning Cains, Bodweil, and Mac
John A. stoutenberg,a lawyer of Eew-York testified:
have had thirty years practice In NewYOrk. mainly
with reference 10 real estate many lawyers make
specially OF examining titles to property Five ak
over the OF titles OF the NewYork Idfo InsuI
ance Company.
think $40 a day each would be liberal pay TO MessTs.
Harris and Rudd for their work In examining abstracts
a ~ s s ac U. IN the
The Senate adopted resolution limiting each side TO
Charles NJ. Jenkins q lawyer OF Albany, testified:
Think fair compensation TO Massrs Harris and Rudd
for examining titles would be from $50 70 $50 day each
On motion Of Mr.. Pomeroy, the further consideration
OF the trial postponed until 10 O'Clock Thursday