New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-17
WITNESSES BAD MEMORIES.
u,pn WORK IN THE CUTTING CASE.


CUTTING. JR's IGNORANCE or HIS !
hol's,v,s ,yrNIs-KEYs THAT DISAPPEARED.
cC',oro was q hearing in the Cutting case yes
.,r before the Surrogate, and the testimony on
n"' len n issue citation to General cutting was
NJ Fvery step of the proceedings was lought 'oo'h
It'll nv General Cuttings counsel MI Lap'Ishe
anu w - ou the witnesses aud all the testimony on the
an appeal had been taken to tue ordcr uhuer
sIo",'' s,,oo,uos we're issued. To each particular
"hi'' o1erce ne objected either that it was hearsay
,rc,cv2pt II required only the slenderest
r,,,ncotion TO bring him to his feet ana
tnoo l,nng gracefully against inc i"Ins'
I'D looI, rp at the Surrogate from uhGer ms eye
brOSs, and MAKE He'' W
-, effect upon the Court 49,,
,,, BENJAMIN was the first witness called. lie te'lr
Ga that william Cutting hal had stock tTahsaeuo"s WIN
-, r amounting to from 800 to lOOo shares anu IA"V
r occountWas skill open Geuoral Cutting the witness
~, rred the firm Of John BENZ amn Co. about 9o'oOo
,,,s sam there were as security seven bonds OF inc
1,,hosb - Louis and Pacific Railroad. To noDodys
rse Mr. ZabIiskic moved to strike out all TINS teS'i'
,ruc ON the ground that the transactions OF OeheI"
D,t,ng in the market was ovidence in the case
.Only So far" replied Mr. Roowho was conducting inc
,,,iuatiop for the petitioners as That the ooHuS
which have been pledged security in these TRANSACTIONS
heIonr TO our estate" The testimony was Io"eu "
stand - -, r., ,ros
7 EoO,ers Lee OF the firm Of Lee Warren Co." was
next called With his firm, also, General cutting ho
had stock transactions, varying IN magnitude from
5000 to lOOOO shares The firm which al the 'lnlo Vi
these dealings was known as Lee Y Ryan ooA up "o"
,rI Cuttings accounts with Robinson Heckscher ~
and with Robert L. Cutting, IT., q co. check ioI
coo GOO aa given % the former firm, and all the &c
curju,s held for General Cutting were turned over ~
lee & Ryan. Among these securities were ABOUT ioO
bonds Of the wabash st. Louis r and cI r2flaE
which G eie witness tcsilfcd that his
Sfm Sin holds these bonds as security against GSge ic
cuttings ccOunt fOrabout S31oVO, lue4vcO"n' G 90
&c & RYAN took up from Robert l. cutting Jr, GO;
was Tbe iTans"Ctions OF General Cutting with Mr.
lees firm continued until the early pal ol LnC Si,
WliiEm Cutting executor for the sale of 500 snare, OF
81 Paul and Omaha Common ana 10y sn" % firm also
and Omaha preferrcd member OF Mr. Zee iir l 1s 49,
r Ol' sums money from General Cutting, 100000
DorfGW'I ii Su" and ~G6 900 at another These loans
az one te " naid On some of the points about
,yhch he was questioned Mr.. lee memo forced
tocal for books Bu, there were no books fortaconng
ana tho excuses were MADE WHcn n"rV 15v
ns showed that General Cuttrgs counsel had snEgeoGs
there would be no occasion t. them and that he had
,lcerfuly acted CA the suggestion. ,.,.. a.,
froot beneath his heavy tread as he marched toward mo
witness box. III Cutting mad pec1Sry o1 ,p ,ho
Wv of saving don't know, SIN aud ne iepealcu ut
sentence often that every body hogan 10 wonder VIA
ne SAID don't know. Sir" he always accomplished
the words WIu siaince -o I'd l iSoi sio- until
lc was ready to say ii again Mr. Cutting did not Know
saro SUo of his cousin With the firm Robert l.
eating st. One or two import 'ui polAlS hoWfNc t'
u
clinc things about General Cutting counting shows
tat 2lii shares Of stock in the I@lH G oo lo' anu
Now, Mr.. Cutting" said Mr. Root &C can yo''eH WHO
can Sir" replied the witness win rctul9ut cn.
rlasis "l is he'd by the farmers loan m u," some
years that he wajtGa ,s ito 70, SOiF| cS
to The F,mers Loan aud trust Company ana myself
went there aud asked the officers II lhy W1n1 tH9
,r security would be Tie stock OF tie company AIcr
layiu1 remembered this much me WINES ,,
her whether or the loan had cVertech
or whether MS cousin hsU eyer '' sriI"d somewhat
shocked at this complete loiRcu "'C ,ti,,
however remembered nothing. the NEXT
point about which Mr. Root wanted n'oI.DI ,,
was TIE TELEGRAM which te witness n't .I, 90 IN
Howard Cutting from Saratoga on september ~, III
which he said that ugly ruwOrs were abroad Doi ne
in any there property enough 4ei' 10 p-o''o
nlulsomely for all the family 49,, l.,..,.., Wa
j. not sent a. the result of interview which you had
js before a., saratosa Win GeacrH. 1''i trsr, was,
wei my general idea was that there was great deal oil
But Won must have had that idea for fifteen years
past. We you been ia the habit OF sending such teie
80. sir; I have not. III tel YOU why
seat nat telegram anna and n'' his "' mgst.che
a snm-d more MAZE tic curve than ever Mr. cuiint
G!g g@ I'M c5Gn ddat know what plans she
ne 1 ITc hnt felt sure that in any case
nv a,6er and nyse should return We would
be able To arrange everything satl,iic,oIly M" lr
TINS arancement 10 be made pTlFaity an. Nu.,..'
al without the scandal OF brlnNn-, or fanny
M g. int n O.
81. cutting In shed these remarks .y pu-i y low Ms
f-l ,l forc5.y upon the railing beside him hat the ~
rtr vas to- startled % pay attention al once 10 hH
Ilili.kies next objection Nj Zabl-Ai' now yer sue
,crltd I'D lavin- the IN regard % hc "'c-Ii
stricken ont the opposing counsel ndd Iatd 70 now
had been sent on account OF any ltNttt4oH- jul
ly General Cutting The witness also resi- 'd u I'-di y
10 certain daft. which drawn by Nfs. HcyWtI'
fuftn- and LEI while abroad last summer l-esc
drafts Genera Cutting had not paid.
Do yol remember any pr vision being made for Tie
payment OF these drafts T.
Yes. the order IoF lhelt PtS men w." w. 90.
August in ny Office. / suggested 10 General ltttH-
nat there were such drafts that they Wer" unpaid anu
tuat they ought TO De paid. There was money 10 pay
them and they were paid forthwith
What explanation there Of the Idel tudl INC
~ cypI,nat! H. except william Cutting illness"
r. j. Rush. William Cuttings clerk, was called again
nd a-an said he had lot us books nor te lh
checks belonging the estate Il appeared ihdt lht
had been taken from Mr. Rush OJ counsel ioI
Office and the keys 20 thi, sale had disappeared MI
Rush 0ilnt know who had these keys tney ddppeaIed
shortly after he received his subpoena requiring MIN 20
produce the checks Ia court aud their d~tppctr@n't
had caused him 10 anxiety lie Sutc ihtt ih,
saf would not be- robbed and didn't 20 Doe Iu pressed
consequences that might follow the tLcit oi lAc .
The Surrogate announced that be mad handed down A
decision the whether ihe real estate ana u'
estate Of Gertrude Cutting should be included IN Genera
Cuttings accounting The decision requires mt ln W
tsfate OF Francis b. cutting the accounting include tA'
estate slf Gertrude Cutting ana tie moneys received
on -ale- estate, but not the rent. and prot oil
real estate unsOll Ia the estate % I}MdIl Nulllu
fhe accounting include the rents aud Iios as We
moneys received from sales
E%THE UNITED STATES SUPREME COURT.