New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-11
CALLING FOR THE BOOKS.
uccr,Noyy IN THE CUTTING CASE.
,ou. g. HECKsCHER ExAMiNED-cooNsth
''"N ppovEp DY THE SURROGATE.

,our r. HFCKsCHER EAAMlNED- M
'' PROVED DY THE SURROGATE
MI Cutting estate controversy was again
the surrogate yesterday. The question under
before ' "a yhether new citation shall he issued
co General william Cutting to show cause why he
eq 80, no removed from the Position.o1 executor OF
,,ho,,s estate. Lawyers and witnesses were Oh
p'e mere was the porty form OF Robert H. Cnlung'
HAM pooded condescendingly TO the surrogate anu
H. tine proceedings with severely critical ex-
n"ssion. John G. Heckseher' was 'uere, comPiaeeu'
SUI, a. usual John benjamin and ]. Bowers Lee
an" ,1 teir turns testify. The presence OF all
h'' r,,crs was due to a desire on the part OF the
sirs TO hear what they knew ABOUT william Cut
,o1 transactions. MIR. Heckscher was hrs'
-, lie made his bow TO tue surrogate gave MS ono
a bot IN an attendant and kissed the DOCK frahAih
ooupse for the petitioners began the eAami"a-
OCCASIONALLY Ehu Root, who sat by his slde' maze
t'on George Zabriskie. General Cuttings coun-
s"h. 18th folded hands looking at the floor. lie was
81 =, an, moment however, to jump TO MS rect WIN
I0"'s object" His colleague, Charles d. Burrill'
,rd around the court room with defiant air.
" auswer to Mr. Bartletts questions Mr. Heckscher
stiaed that he is broker with places Oh business a"
vo 5s Exchange place and at the st. James Hotel Inc
W 90 MS firm ia j. g. Heckscher & Co, of which him
o,f Reverly Robinson and c. NJ. Taylor were members
Mr. Robinson died about year ago ana MI Taylor Is
still Mr. Heckscher's partner
n WIN YOU state what your transactions as
wit
,v"ngh ny partner Mr.. Robinson | was always up
town General Cutting would sometimes ca u" .ue ny
tn Office and ask for Mr. Robinson but my business
transactions with him were limited to conversation ABOUT
me state of the market: -, -, .. srD, NTH
tari Cnttng covert A The period of the existence
Of the firm of Robins II eekscher Co., from February
popt Won know from the books of the firm what
General Cuttings transactions weref
Mr. Zabrlskie objected TO this question as ne hau op-
,ectcd 70 most of tho Others But Mr. Heckscher was
he ,bis ,,ne somewhat reused and insisted on answering
don,t want TO appear more OF fool than really am,
said re- want YOU understand that had perfect
confidence in my partner and never thought OF examn
Ing the books in reference to his dealings with our GUS
TONERS"
Bartlett. Did he take the oOoAs WIFI MN "H0n ~ w
parted this ufel'
You know perfectly well he didn't" answered Mr..
Heckscher with scOrn
well then, who has the books now ~
aMy partner Mr.. Taylor, has them. He refused to
GLOW them to brought to court asserting that he mas
the right retain Them"
Mr. Bartlett asked the Surrogate to direct the books
10 be hrou hit into court accordance with the subpoena
issuet to Mr.. Heckscher While copy Of the subpoena
was being sought the examination went on ON further
questioning Mr. Heckscher testified that General Cut
tngs transactions with his firm never large, ana
that he was not looked on an important customer
Lis transactions amounted TO more than 1000 or
5000 shares.
O-Was tie net result of these transactions profit
Or a lossi A.-One year General cutting made money,
and another he lost. The net result was ploO"o-S
O. Has your firm still claim against him, and If so:
for how muchi EYes, We have claim against Nun OF
some -. 900 or st 900 ,
0-IICw we're checks from General Cutting signed
torP' A."Ai%ays simply William Citing"
Q-On what bank were they draWhI A.-NeherdAI
on the Phenix National.
The questions that followed brought out the fact that
at one time the of Robinson, Heckscher Co held
some bonds the Toledo, Wabash and ST. Louis Railroad
as margin in one of General CUTTINGS transactions;
These we're bonds belonging 10 his fathers estate MOI
many OF them were pledged as coatera less tan %,
Mr.. Heckscher thousht They were seated ahp p1 III
agents, Lee Il Ryan. and MT HecKscher nrl mas INC
receipt for them Mr. laDre noHed 10 rp"d Gu st a"
was hearsay being what Mr. Heckscher hdd learned
from CONVERSATIONS with his partner. The testimony
Tss boweyrr admitted as being nature OF All e
davt bearing on the question ctton sh0uu ne
issued TO General Cutting Mr.. Heckschers subpoena
was az this point produced and II was found tnat the
wording the sentence which ordered MN 70 bring ms
firms hooks into court was defective. hereuloh or,
Root jumped up and showered series OF questions upon
the witness in his most cutting tones pa tne rn OF
a day hookr' Did 1t keep blOtteri DID 1t keep
jourial' Mr.. Heckscher nodded his, his head snperc
0usy In reply each question. :" VIII you produce IN
each and all OF such books as contain records OF
ine HcckCbsr cor OBJECT cried Mr. zabriskie
as usual The Surrogate decided that the question might
ness toward the case Mr. Heckschers attitude toward
the case was evidently attitude OF hostility toward
witness rel lied with bland smile, will not This
ended Mr.. Heckscher's examination for the day.
T. J. Rush was next called. He was General Cuttings
clerk IN the management of the trust estate, ana at me
last hearing OF the had promised to produce IN court
certain books When asked By Mr. Bartlett whether he
had the books with him. ne reI lied that 1e bad not
Why have YOU not brought themf asked MI. Bartlett
severely. TT. Rush with evident embarrassment ex-
plaued had intended 10 bring the books accord
ing 10 his agreement that he had them all ready but
that counsel for General Cutting had forbidden MIN To 90
So telling that he had control over the books
Mr. Root desired that the testimony taken at the last
hearing should be read and expressed his OpnCn tLat
Surrogate directed that the books should bo pro
duced The testimony showed that the witness had
agreed produce the books and that General Cuttings
counsel had made objection tut that no formal drec-
ton to that effect had been made. Mr. Root then rose
and SAID quietly: May it p your Honor submit
that C is trng this court for gentlemen 10 sit by
and hear engagement OF this kind made without inter
posing any objection and subsequently to use means 10
defeat its fu film ent u"
Surrogate Rollins answered: The course or counsel IN
this has certainty not been above criticism.
The case then adjourned until tomorrow at II
@. ~