The New York herald., 1878-03-08

inquiry should be broad, that entire justice may be
dona.
Senate must be confined to the letter OF the Governor
recommending Mr. 5myth's removal. II not
the bills for sxamination OF companies are erroneous
ones
The Chair decided that In order 10 proper settle
ment OF the question, should he written alicsa-
ton, aud An addition 10 the Governors charges.
Counsel for the people then Offered In writing sup
elemental paper averriny that the charges against
the Me,ropolilaE Lilo insurance Company and other
Insurance. companies made with the approval
and sanction Of the Superintendent without the
audit OF the Comptroller, aud were-hrst. excessive
aud sxorbitant IN amount; second, that they wero
performed the request OF tho superintendent, and
wereun necessary; third, that the persons selected
Of any special a,ness but by reason Of their
or political friendship to tho superintendent;
fourth, that the paynen, Of these bills was % within
Counsel .or Superintendent Smyth argued that II
these sdiitonal charges are considered the balancs
OF The session oi the Senate Will DO occupied IN the
consideration Of this trial.
Mr.. Hale, OF counsel for the people, said THIS was
not court and trial Tue Senate 10 merely called
upon to perform duty IN this matter OF removal He
proposed 10 show that the mortgages held by the
companies were correct and It was unnecessary 10
have them re-examined by inexperienced lawyers at
the rate OF $4,000 month IL was odd 70 fna Albany
SaS 81 % 20 m
that the superintendent ordered these examinations
to enable HIM to repay certain persons. faction OF
party for political iavors aud also that members Of
the last Senate prohted by she examinations.
Mr. smith, Of counsel for Superintendent Smyth,
SAID this the hrst time he had ever heard Of re-
moving man because he pleased political friend IN
power rather than Toe. The counsel for the Gov
ernor now seek TO amend their charges
brace matter
Mr. Hand denied that counsel for the people desired
On Ar moiioa % ' Of Mr JACOBS the senate went into
secret session at one O'Clock on the question pre-
sented.
Al a quarter to three O'Clock r. NJ the doors were
thrown open when tue President announced that the
Senate had decided to ADMIT testimony on the first
IN hAt thnFf fha rhQFn nst
companies were excessive and exorbtant, by vote or
Fl 10 D, as iollows:-
Yr1s-Mess.A Davenport Ediek aeebsl, Goodwin, Hicks;
+ Fierce X Pierce ssins. sG9'srsson' Sessions St.
well %.
second pon-that the services Tor which the charges
maze were at the request OF the Superintendent
and unnecessary-by q vote OF 10 to Is, as iolows:
Lynds, Payne. Rsines Sessions st. John-io. -'p''
DaysnpS adsk carsh1 nass Ss:1 h0P
rsrss v " Mrwlssss Robertson. Rockwell Turner wag-
rhe Senate declaed by unanimous vote to exclude
evidence on tho two remaining pointslhat is 'rhat
tho persons selected TO perform such services were
selected by reason OF any special ntness but by
reason OF their personal uDd political friendship
Superintendent, and that the payment OF the bills
WITHIN tho mischief Intended TO De prevented BY ihe
OF 1873, which resulted in injury to the policy
holders OF the different companies"
Recess until four T. u.
PRESIDENT KXAPPs EXAMINATION CONTINUED.
Al iour O'CLOCK +. 81. tho roll was called, when ff-
teen Senators respondsd-uot u quorum. On motion
Of Senator St. Jonn a call the Senate was oraered
and tho sergeat-a Arms sent after the absent Sena
tors
Mr.. Knapp's examination was resumed as follows:--
An exam mnation OF his COMPANY had been made last
October by Fred. Harris and Rudd; II occupied them
about two weeks each at our Office; they examined
the RECORDS OF the office and bonds; the bonds had
been examined by john q. Dimmick and Arnold,
Wood!ord Co. Messrs. Harris aud Rudd reviewed
their work.
The bill and check were then placed in evidence.
Counsel or the State next offered In evidence
bill from Messrs Murphy and Laimbeer for apprasng
S2175, which was approved by superintendent Smyth
and paid. Since January rs, 1878, all the bills OF tho
department have been audited by the Comptroller
before being presented by his company for payment.
Mr. Knapp. cross-cxamined by MIR. Peckham S-Had
dispute with Mr.. Smyth about the Of Har-
ris and Rudd's bill; considered their bills lair
Oh tho direct examination being resumed Mr.. Knapp
said he had conversed with Superintendent Smyth
since the morning session with reference 10 his exam
nation. Witness declined 10 answer II he thought
$24 900 year ST. 500 per month too high for work
Of the character performed by Harris and Rudd.
ANOTHER PRESIDENT CALLED TESTIFY.
d. D. 4. Brown, president OF the homeopathic Mu-
tual Insurance Company, was next called and sworn.
He testified that ten bills wore presented TO bis
pany In connection with the examination; tho bill OF
$500 tor Murphy and Laim0ecr was paid; also
Harris ana Rudus bill Tor $A55 IS member OF
the firm present in the ONCE SIX days week for
nearly month making such examination; the bill
Of Harris and Rudd was nos approved by Superntend
ent Smyth.
NEW YORK LIFE ISsuRANcE COMPANY
Theodore NJ Banta, cash,or oi The New York Lie
insurance Company, was next called and testified
that an examination Of his company was ordered BY
the department. last June, when The Super ptendent
ofthe Insurance Department appointed Messrs Waldo,
Tobey aud Grover counsel TO examine mortgages and
abstracts held oy the company some Two thousand
papers in all this work continued up to Septem
ber; their bill Tor $24 $40 So presented to tho
company October 4, 1877, and paid. Various letters
which passed between the company and the Insurance
Department were offered in evidence and marked
At seven O'Clock tho Senate adjourned.