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

QUALIFICATIONS OF A RECEIVER
MI Chapin-What should be the qualifications OF re-
ceiveri
Judge Westbrook-He should be honest, intelligent,
and capable executive officer and possess a general
knowledge of insurance. The Judge should satisfy him
self that receiver ia possessed OF those qualifications
before making the appointment The legal relations OF
the Court 10 the insurance fund should be that OF guar
dian Of It, have never promised the appointment Of
,eceeTshlp in advance cannot give the exact date OF
Mt helys visit 70 Kingston. am almost sure 10 WAS
after the appointment OF Mr. O'NeIll - receiver.
=, MI. NeIch-H0w long were you acquainted with MI
Newc0m6e before appointing HIM receiver
Judge Westbrook-About twenty years. He was man
OF GOOD character and have no knowledge that any ao
that he had been indicted
Mr. Haggerty-why the lawyers in these insurance
cases pald -ucn excessive fees
Judge Westbrook-I don't know that they paid
~ MT Haggerty-Wel there is the firm OF Wingate &
SUMS.
Judge westbrook-Their bill in the Continental matter
lawyer They wanted to leave 1t to his own Judgment.
BAT he said ~ Judge he would only decide according 70
the evidence. All persons interested agreed TO leave 1t
70 r. " Bangs az an expert. He allowed Il IA a proper
Dill! and Mr. scudder made report the evidence ac-
corulhSy MI Moses wanted Scudder to express his IN
Iiydual opinion, but he held that It not his duty
Inc counsel held differing opinions on the report.
asked sherman ". kncvals, the former law partner OF
PRESIDENT Arthur, who acting for A.
T HTa, General neral Ward to give his opinion he
eelver Anderson asked Tor an allowance, and At
t9rney schOonmaker recommended that Charles
H. Winfield De made referee determine the matter.
1t referred hmaud he allowed Anderson $4,000
and lis attorneys, sewcl N Pierce, $4,000 1 can
press no opinion this, the has yet been
argued before me- aad cannot tell what will DO about
H. shall make a very careful examination before
make any allowance.
Ar. Hasserty- Receiver Grace was allowed $4,000
by your order for few months work. and afterward
- 500 more
Judge westbrook-Yes. referred the matter to
very competent referee Mr Dayton, a young who
had been Ia my oicc for several years. No objection
Nar made TO the confirmation OF his report.
MT Hasgrly you not have set aside the report
because $1,000 was an excessive allowance for hVe
Judge Westbrook-Ycs. could have done 40. hut it
would nave been an unusual proceeding Tor Judge.
ME- thaplp-WOud it have been irregular to have
Juds- Yves ibrook-No, but 10 would have been
laborou- tack. In three years have not had single
day vacation except gu saturdays. -
Mr.. kryn-Did you allow Mr. Grace the 5000
cxtrai
Judge westbrook I 10 not now remember A. TO the
allowance ~ 900 10 Kedlield Hi On November 3,
ls77, cannot tell for lat purpose the order Wa
male The report fixing The allowance IN MF' Neil1
n stiu before me. think should not decide on
That now after what las been sald.
Mr. Er" ln-Wnen You made the order allowing MT.
ONeil 10 draw on the fund. did You not know tnat t
would allow him TO iahe a very large sum OF money
Judge We-torook-NOt 10 exceed hvc per cent. wen
tine LEGISLATURE passed a la" liking maAlm4m
Wouiu De cases WAerc inc lAlluM auiDuH' M,4.. oe
given knew 1t would give MI O'NeiA from $4,000 TO
Mr. Erwin-Was thai wise order Would it not tend
to proong The settlement OF the trust
Judge Mes brOOk-lf the receiver an honest man
b. would lot. IL might tend 10 pr0Ong the settlemont
have yet TO review he order Judcally, and do not
]
Mr. Wecn-I nave been informed that Receiver O'Neil
without Did that enter INTO your constera-
ton IN appointing him
Judge Ne~LD.Ook-MOrc than likely IL did.
MrErwn Receiver NELL has drawns52 600 and still
Is continued be WY have 10 refund some Of what ne las
already drawn: We order allowed him TO draw from
May o. though ne did not get possession VI the estate
until july.
Judge ~e- brook have recollection Of the facts
II he u not able to refund, he mas good Dondsmen
THE APPOINTMENT or TIE JUDGES son.
! was mad rrfc q
If the Continental How did you come 20 appoint MIN
Judge Westbrook-Whle never would put my
for ard would refuse because be was my son, to
appoint him TO place when asked TO DO by the per
sons Interested As to the allowance Of $500 to T. p
Westbrook il made the statement OF the counsel
to the receiver and the Attorney General MY son IA
lawyer. AMI he living With me at the time he was
Mr. Frwin-TIow did you to make additional
Judge Westhrook-After his death a petition for an
additional allowance was Drcaented ID was opposed ~
the receiver but on the rec0umcndaton OF sherman
Kneyas the law partner then 81 General Arthur ana
the deputy Attorney fienera Ward, the matter was
referred TO John h DeVehn. he ailo"eu Two OF l!ieo
thousand dollars. Ny represented he claim but on
Opposition from Raphael j. Moses II was sent back %
tie referee. on the second presentation allowed the
amount The Attorney General has appealed ana II Is
now before the General Term. .,.- .... o..
MI Erwin-Can yOu tell Ms how your brother came TO
| be employed by Receiver y Nei4li
My brother Colonel NcstOrOok, was severely wounded
ia tie war lie carried bah N his boiy for nine year..
hs profession tiGu-n tyy .n6 nan and
recommended my brother, "a wa- anxious TO get him
place where he could support his family II he had not
gone somebody eses ofo her would nave De-h tdA'n IN
4. To hi. compensation, had moth ny whatever TO do
Wr frwn-What were the circumstances about the
/ APPOINTMENT OF Mr.. Mligan
| ijni-e Wrstbrook- hen he appointed to "A posi-
ZION of trust m the Atlantic Life he IN con-
! nccted win me- nor did / dream he would be.
/ Though had known hm for years. II was some ume
! after Mr. Miiigan's appointment that my son married
l
uon My sou employed IN the SIX penny saving.
Bank the application OF the Attorney -Heuerh
Mr. Frwn-l have understood that your sons report
IN Continental ctse was very oret aad IS not on hls
Judge W-stbrooS-l don't know as to that 1t should
be on he don't know whether he reported on the r.
cevers compensation OF not. nc nPPodleu OcoIc lAc
AZ counsel OF The applications Tor orders Of a
merely formal character part OF the time he held Ills
rsfrr,uce IN nv private Office.
Mr. Welcn-When Mr.. Fsh was appointed receiver did
you expect Wlngate & Cullen to be ns attorneys
| Judge WcstbrOok-I assumed they would from what l
knew OF their relations; that Is all. l knew that MI
apnoinIment OF Receiver Lawrence I DO remember
whether talked with Judge Donohue about IL or not
Mr. Cullen requested the appointment OF Mr. Lawrence
assumed that account mat "ingste cullen "odld
be the attorneys .
- 600 compensation AS referee after 1t had been
| refused by Judge Gilbert .,,.,, -. 1870.
ferred and then cut down Tue referee report WIN eaye
| 10 Mr. Hustled apply elsewhere After lnvesuga-
ton allowed the amount. Ihere Is motion now pend
| ing vacate the order: IL, -. .
| Mr.. Erwin-How did you come to ALLOW such a
erye fee TO Mr. Hurd. clerk for the receiver OF the
security Life. when the same time ne acted as
/ actuary for the Insurance Department.
| Jndge WesthrOok-It fixed by the insurance
! superintendent and all the counsel agreed to H.
! Mr. Welch-Did you know that Mr Newcombe, whom
Won made receiver arrested for frauds IN the army
and escaped by turning states evidence
Judge Westbrook-I only recently heard OF II IN the
way Of rumor ,,, 1900 ,
Mr. Chapln-what recommendations would you make
in regard TO winding defunct insurance companies
Judge Westbrook-I would have the General Term TX
the receivers aud have standing referees VINO nave
experience IN such matters
THE MURDER NEAR PLIINFIELD
PLAINFIELD, n. j., May 6.-Two relatives