New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-20
GEN. CUTTING MUST APPEAR,
CITED 10 DEFEND HIMSELF IL COURT.
HIS TESTIMONY BEFORE THE KEFEREE-HcW HE

HIS TESTIMONY BEFORE lhE h'''"
SOLD BONDS AND BORROWED MONEY
The hearing before the Surrogate yesterday
in regard to the estate OF francis Cutting was de-
voted TO the arguments of counsel the question
whether the evidence already adduced warranted inc
issue Of citation to General william Cutting TO appear
and show cause why ne should not be removed from te
executorshp Of his fathers estate Ehu Root presenter
tho case Of Mrs. Hayward Cutting the petitioner he
said:
We cons Ter t,t the evidence already laid before the
court Is OF such Character to justify the callh9
this executor into court to answer the charges
against him. His accounting Shows tlat Tl9o,ooo n"'
dsaI peared from the capital OF the esin ana ~ "S
can be found OF It's employment or & 'nS S
OF 100000 which received from the estate o
trude Cutting, Is unaccounted for; WABASH 81 40
been taken from the estate without warrant author,
ity, 100000 has been borrowed from the Farmers
longing to the estate during the last eighteen months
while the drafts of the egatees for ther leuaI @ a.,
alowance being dlshonored ny the exeeutG V I
prOprated his the dividends ON tnlS %
Loan ana Trust Company stock amounting 10 T!oVgoV
brokers a. security for the individual OF the ex
ecutOr aud against them there are clams ai0 th ~
100000: finally tue executor has talleu altoseoe, ~
account for the reuts and pro OF the real este VI s
testatOr Thus 81 100000 OF the estate IS not sslslc
Orly accounted for. and It is shown that the executor
has deliberately used almost $lOOooOo ior HIS o" p0
poses
Mr. Root proceeded to point ont those portions Of the
testimony which conrncd these statements Mr. Zabrls
kie briefly stated few technical objections to the l's
ance OF a citation. The Surrogate overrucd all MI
Zabrskcs objections and stated that there were IN HIS
mind three points which seemed to call for the Issue o
the citation They the taking of 700 bonds OF the
estate by the executor the borrowing OF money Ga Sc
curltlcs Of the estate, and The misrepresentation OF e
dividends OF the Loan and Trust Company. He added
thai tue course pursued by General Cuttings counsel III
keeping back hooks and papers which should nave oeeh
Produced in far to confirm him in his opinion
Tho citation issued 10 General Cutting is returnaDie
day. Orders also issued requiring the
tbo Of
the proceeds Of sales of real IN his accontng0 the
estate Of Francis Cutting and the rents and pros Of
real estate I'm his accounting OF the estate o! Hayward
Cutting These orders give ehec 10 the recent decision
OF The surrogate these points.
On Monday afternoon General Cutting was examined
rpOn the accounting which he has offered in connection
with the estate of his father fe examination took pace
before Chief Clerk eary, who appointed by the sur
rOgate n referee Franklin Bartlett Mrs Hayward Cut
tngs counsel, conducted the examination. Messrs'
Xabrskie aud Burrll guarded General Cuttings inter-
est The first subject OF examination the bonds OF
the t,tc which pledged with various brokers'
n security for General Cuttings individual debts
o. ind on one OF the pages your account the state
ment tu the consideration Tor the transfer Of the inter
e-t of f. b. Cuttings estate IN the hGanal oils, Ptrd
ana Chicago Railroad and it, branches 1000 hond-
Of the Wabash -. LOU, and Pachc RhIOad tHat fVV
OF these we're taken By you, and that 81 OF the re,
Inandcr are subject 70 a lien With whom are these 81
bonds deposited or Pledged A-Ihere Is an estcF III o
figures. They should be 36-.
O-With whom are these 36s lords pledsell A
There 2rO OF them with the Metropolitan trust 'oh
Q'-Wit1 whom tie other bonds pedsedi A-Lee
4 Warren hold lG1 Of them.
Q.-iIow werc these honda given to this irm and
what the present claim on tbemi A-Ihcy were
transferred to Lee q Ryan NY h,uinSo1 * i''"''N''
ana 'uGL, IS NV 49,, 90 foG TO 90 n Warren in
mis- alnountI Ali IA the result OF stock oPeratisns.
and they hold the bonds pedgcda as security iof my 'e
count 5000. I'll. ,,.,.,,,,o. finally carried on
by YOU In, yo1t individual capacityl A-Certaniy.
q We now have i6l bondr VINO nay lng oi'C Si,i
,, '" ~, ,,ty 't tar .toet tr,ns|rtionS
Q-What your indebtedness to this urH! A.
No BOZ ID, ,, o,,pt .tIat the Inst dlvi lcrd
on tho s."rt Of the Farmers Loan and Trust Company
bcd by tuc estate was iad on June T. lN1t h!le }"1
,'l'c 4'( Irn9. N. I'' ,.oe ,e j,st ,ydend.
,i f',,-, cl ficr.' N, nv Individual account.
,cr,rl C,,in, WAS u,yi examined In r. cara 20 the
loan. yli, be l received from the Farmers LOAN and
TT r,,.n,,,, orc lcln OF 10000 was made H.
49,, ,,,I,.- OF f. .,rpe .,lD,unt in i-.2 Iu b"ta
,- tn. -c,ut,ty we. stock OF the Farmers Loan anG
must belonging to tc estate. ami the .nry wa. used
%! General &C lt'a TOY "'' '' ''''''' i'' '.'
Ac indianapolis I.fa ana '"e'-. h.''; 3d. ' va va
'L''.'" mo o." '-'y. ~. I'm ANA Tir.-. ~, nm
I''-.'"' ' l'' ''.''I' .. t 80 ,,,, ..i.-,l
,''A'e oI '.t' 'D,.. ''. ' & .,,,,,'.,.,i Yes.
N"-.I -" '' ''"'' '''' W ' i'''
O. And od yon receive 'oo""o q; 'n' >n' , ,',s
% VI , r,cf , .,rc n- fic ipt.rc-t Ii .h.t road
"- i'. '' 40 DE ' ,1r 'I ,1 b.S. We're
Ia. l.... lrI
100. '' owe. I' .''.-''. .'' " ''' '''' '' "
1910 pay A'"'". l"' ''"t'''' .,.,..,.1, ..,,o,.,r
q VINO hh"""I you uio -''"' "'"''' ~ ''
. Sway Hr 90. Hr ''''o. 49,. ..,......,.i
a. H"'t c.~- WIS conc! ~ H'. ,. ~. ',' i,s
,.' s'''"'' ''' ~ ''''' '''
A., i,.,,cI ,,,.,, ,lo ,,,v,,.., for the 700
,., 49,. i. go. ...... ipfe~,i.,, ot ql,.ei ne re.
.r ,,,.t.r .no amor r,.ce,ii,e, > 900 bombs. Le
/ ..,.,.,... ,,,.l,I IN, of tb,u hack to General
.... , ...,,,,i Gina. v.,l,,.b Railroad sad Lee
.,., ., ,,. mo- cl,e.,., for thar DIR y,ie He
, :..,,,5 cha, H.. had u.oJ tbc ,uot,y for M, IN
"'''''' ~, 49,. ,,.,,. r., ,., ,,.,,,i,o
.,o.r. ann, I,, said that he had NOT made MP the
.,,rt ,,.s.it I, .asl.Ir ND los Mr. BrrrIl ana Mr.