The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-22
SUPERINTENDENT SMYTH.

CLOSE OF THE 1EST1MONY-1HE INSURANCE
DEPARTMENT VIOLATING THE LAWS OF THE
srATE-CouNsELLoB HAND SUMS UP FOR
THE oovERNoR--MR. PECKHAM's REPLY.
ALBANY. harcn. 81, 1873
The Senate this morning resumed the trial OF Mr..
John Il. Smyth, superintendent OF Insurance
John w. whitney, counsellor, OF New York, was
called TOR the defence.
Counsel Tor the people argued that the defence had
already exhausted the number OF Witnesses allowed
each side as experts.
The Chair ruled that the witness could be sworn
which was done, and witness testified as follows:-
ad engaged in the practice OF law in New York
city for thirty years; considered $40 large a
fee for the examination OF auy abstracts Cross ex
amined-Had not mad much experience in looking
over real estate abstracts in the lawyers having
charge oil abstracts did not give personal alien
ZION to the abstracts my opinion the value
service would be changed
ExsUPERiNTENDENr BARNES EXAMINED.
Mr.. Barnes, ex-Superntendent OF the Insurance Do
parlment, was called by counsel for the people and
sworn Had occasion during his ten years. experience
as ntendent TO have many examinations Of CON-
panies made.
O Did you ever hear companies make complaint of
losing money loaned defective titles OF real estate9
objected to by counsel for the accused.
The president decidcd that the question could not be
answered
The question was then submitted to the Senate,
and II decided by vote Of IN the affirmative
IL the negative to refuse to allow THIS Hue OF
uence to DO entered into.
q. When you were superintendent OF the In
surance Department did you employ outside lawyers
to make examinations OF ABSTRACTS at the expense OF
the insurance companicsH
THO president decided the question could not DO an-
swered under the previous rulings OF the Senate.
Counsel Tor the people said they desired TO show
thai Smyth was nearly the frst oflcer
wbn rIQ rad mn mad nj
titles held by companies
The Senate decided the question might be an
swcred--yeas II, nays7.
A. | did EXAMINE abstracts when l found Thorn
among the asset OF insurance companies.
KAN ined-Exi mined TWO lie insurance
panics durns bis OF Office; uincty-six compan les
IN all were examined; only Two examiners were ap-
pointed to make examinations oil companies during
mis- term oil Office
Redirect cxamination--rhe examiners witness ap-
pointed, received from So to $40 day; Messrs. U.
man and Whitehead were tue ext iuincrs.
ANOTHER SUPERINTENDENT.
George Miller, ,x.superiniencent OF the Insur.
ancc Department, was called ana sworn. During the
three years ne was superintendent OF the Insurance
Department there were no expenses made 10 com
panies Tor examinlng racs OF titles except where
Inc tllcs to DC deposited with the Insurance
Department under the 500 QUO clause required under
JONI A. Mccall Deputy superintendent of Insur.
ance recalled Ny counsel Tor the people-Knew Of
charges made by counsel TO examine abstracts OF
titles during Mr.. Chapmans term OF Office, except In
ono case the Globe Insurance. Company. OF Chicago.
Alta quarter 10 twelve O'Clock counsel for both SIDES
/ SAID tne evidence anu, cacn Slde having
closed tue senate then directed that the summing up
CON menco AT tour O'Clock.
COUNSEL TALK.
Tho Senate vencd at four O'clock, when s ena-
tor Hughes offered resolution that COUNSEL ~ tho
superintendent OF Insurance Snytb be allow,
hour zach, aud that the Seuate In session
next Tuesday at noon shall act upon the question.
| senator Goodwin suggested making the day Thurs
day instead OF Tuesday
senator Hughes SAID he would like the Senate to
pass upon THIS question as soon as possible. there
were thousand anu one influences at work, and, as
| q % 4 as SOO IA
possible.
| The senate agreed TO give each counsel one hour
aud laid the balance OF the rcsolut the table
| MR. HANDS ARGUMENT.
Mr.. Hand, oil counsel Tor Inc state, said The evk