New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-07

ref rec ~ pa. on the receivers without dc
yeopng any facts not already known.
The committee viii again Tomorrow morning
HOW RECEIVERS WERE APPOINTED.
JUDGE WEsTBROOK EXPLAINS HIS CONDUCT IN
REFERENCE To NAMING RECEIVERS AND
REFEREEs AND MAKING ALLOWANCES.
The Assembly committee which is Investigate
ing receivershps met yesterday at the Metropolitan
Hotel and closed its lab0rs IN this city By extended
examnat on OF JuGge Wesbroo, OF the supreme Court
who has made the appointment Of several receivers.
The Judge good ply sdue, about sixty years
old with short gray beard and mustache and silver gray
hair cut rather short. he was dressed in dark bust
ness suit and gave his testimony 4 calm. dignihed
manner though delivering charge on the bench
In answer questions the Judge said in substance:
appointed receivers for the Continental The Atlantic
Mutual the American Popular and the Universal Life
Insurance Companies 1 had also to pass IN judicial
way upon affairs OF several other companies. When
Iappointed receiver for the Continental there
question as the legality Of the appointment - Jesse
Hoyt at whose instance the recevership asked for
beon ged il the Second District. heard the argument
and then appointed Mr. O'Neill receiver"
Mr. Wech-At whose instancel
Judge westbrook-I think number OF gentlemen
spoke to about Nj O'AetI.
Mr. Wech-HOw long had you known John Kelly
Judge WcstbrOOG-I had known him q good many
years became acquainted Will him after he
elected 70 Congress / introduced to him by John
Wheeler went TO Mr.. Kely's Office while be Con
roer. and told him wac about 10 appoint receiver Of
Continental Life Company, and asked him
about Mr. O'Nell. He spoke very highly OF him. and
flyorlbly impressed me to his character
Mr. Wech-Did NJ. Kelly visit you a; Kingston in ref
ercnce to TINS appointment
Judge Westbrook-He did not. There was no one
present at the tune | Mr Kelly except Mr. Kelly
and my self He visited Kingston. but think it
after the appointment OF O'Ne rs receiver thad
10 reference IT, He Kingston. and heard Of
and invited HIM to my house to take tea Attorney
General schoonmaker and others present 1
never saw him except rho subject Of Mr.
ONcIlls appointment knew that Mr . Nclll had had
experience in insurance matters had not made up
my mind 10 appoint anybody else az receiver before
saw Mr.. Kelly. lie largely influenced me ~ making the
atey ater ~ 6sYT I ne15 oe e'Aeu MI
Hotel lie dld So and was isForADy Impressed with
him
WHY Mr.. NEWCoMBE WAS APPOINTED.
Mr.. Chapin-IIow did you come to appoint Edward
NewcOmbc receiver OF the Atlantic Mutual Life Insur
Company
Judge Westbrook-In that caae examined into the
condition Of the company and found that II $4,000
was raised the company could 70 on. I allowed the
company six weeks in which that sum.
did not do II, l appointed Mr.. Newcombe receiver
Judge Parker. Of Albany, wanted M Prime. the presi
dent OF the company, made receiver, but would
appoint him, as 1t agaus. my principles to make
case Of the Globe Insurance Company was asked to
appoint John W. Barrow, the president Of the company
AZ receiver, but declined, and appointed James d. Fish,
who recommended 10 me by IL j. Cullen Judge
Van Brunt and others
Mr. H4ggerty-There was young man, +. J. PhIllps.
10 served sctuary under Receiver Fish, FOR which he
received $4,000 for less than years work. Wa
Judge Westbrook-The allowance not by my order,
but by that OF the superintendent OF insurance / did
not NJ the fees II made the order, 1t WAS merely as
machine 10 carry out the law.
Of .xVhte
IND ooE-I have to rely on the receiver and
tho counsel FOR such matter cannot nave personal
knowledge Of them did not h1 the fees OF the aeuay
because Insurance superintendent did that nave
no screti0n as understand II.
Mr Haggerty-If tic sums allowed were deemed e1-
cessive Would You not be al liberty 10 deny them
Judge Westbrook-l AN not prepared to say whether
Mr. Haggerty-This being fund for widows and or.
phans would you he supposed to throw every safe.
guard about II and investigate these charges some "hat
Judge WestbrOOk-Wcll perhaps so.
Nj Chapin-How did you come to appoint the receiver
O Continental
Judge WestDrOok-The application was made by the
Attorney General. ami Mr. Wendell was made receiver
on his recommendation He was state Treasurer and
his term about to expire John +. smyth Vas also
recommended BY Attorney General Ward hut he declined
Nj Welch-Did you tender the appointment to Mr..
smyth
position To Mr.. -myth. and he wrote TO NE, saying ne
would not take the place
MIR. Erwin-Ho- did you come to appOirt the re
ceiver OF the American Popular Life Insurance Conn
psny -. -. :, - ~. ,,. =, u.x
York the time. number Of LANES we're suggested
10 for the place. appointed +. H. Lawrence man
whom He was pressed strongly for the ap
ppiniment receiver Of the Continental, and felt
under some obligations to consider as case may nave
talked TO Judge Donohue about 1t. cannot no" re
member.
Mr.. weIch-How did You come to appoint James w.
Hustled referee ia the matter OF the NAtonal Lie III
Company
Judge West0roOk-James V. Butler was the only per
no spoke 10 about making the appointment ne
q clerk In the Assembly. / don't remember thst l
lad any conversation with Mr.. Hustled about IL.
Mr.. Welch-In his testimony Mr.. Hustled said ne mao
some conversation with you about the appoin tment
Judge NesJbrook-Yes think did see him Al din-
nsr the DesyAn House and told him was gung 10 APP
point HIM -, ~.
Hustedsi
Judge westbrook-I cannot now remember that he wa
then.