New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-03
EBEN KIMBALL'S TROUBLES.
UNABLE TO PAY HIS DEBTS.

proceedinCs of uncommon interest 10 ciuD-
men and others recently been In progress IN the
Special Term of the City Conrt They were orough' a.
complementary to execution under Judgment ior
sl33 II obtained by David f. Butcher against Loeh
Kimbar. The execution against Mr. hihioau was
issued in February last and was returned "hoiy n'
isaed On March ChiefJusties MeAda'n MAUI an
order directing Mr. Kinbau to appear before tne court
for examination concerning his property HIS exanhA
tiou was began March o. Following is tho testimony
which Is of an unusually lively and diyertng character
PAR of IL relates to tho famous Loubatrurnbu contro
var.v In the Union Club In which Mr.. KimDan was con-
sJdcuonsy concerned:
A PHYSICIANS UNPAID BILL
Examination of Eben Kimba taken on the y1n usy
of March, 1885, before the Hon. Ernest man, SuSH0o.
Defendant being first duly sworn, testifes as ioF
lows: -,
Mv name is Ebeu Kfmball; am fortyfour years OF
age and reside at No. "A East TwenIy-third-st, New"
York CITY, my place OF business Is at No. AZ ESehahSe
place: an an exchange broker. The note IN suit was
given IN payment of professional services rehuerou
by Dr. j. T. p White in his lifetime
o-Dtd IL not also include rentf Ayes; smah
mart IT. So much the larger portion OF u was ior
professional services that had forgotten this
o-For what promises and for what term was inc
vent dual A-No. So West Twenty hrst-ss were the
premises at $40 per wcok lived there for Two years
could fnd that cut easily enough should say about
1880 ard 1881. -,
o-when were tho professional services renderedt
A.-They we're In the spring. left there In May anu
they were the previous spring Miss White tie sister,
wanted 30 leave, and we efe there TWO Ok 'hroo '
before the first OF May.
o-What portion of the premises did you 80 rent A.
front ROOM the first Hight of stairs up; had at
previous time occupied the back room on the same
floor.
o-whcn did that hiring begin Al should say IL
was in 1880; I cannot speak With any positiVehesS
about It,
o-It might have been 1879 or 1871 Al should
mot think so far 1875 ii might have peea 1893
o-what was tho total amoant OF tho rent due nnoer
that lease, At WAS at the rate of $40 week. that
O. all can answer.
o-Do Won remember the month OF the year you went
there, Al do not Il was In the warm weather-sun
merm0nths.
o-How long did you remain in that housei A-Two
years should say I think 1t was two years
Q-At the termination Of the lease how much did you
owe Dr. White for remit Any impression - thai IL
was $50; it may have been $40
oWas this rent had accrued, was 1t that you
had been getting in arrears or was this the sum to'
A-The fact is this DR.. White never rendered any BIZ
for rent paid him from time to time, not every Week
there was no fixed time of payment ana this was the D
apce due after the last payment made by me.
o-Do YOU remember how much that last payment
WAS Al do net.
o-Cau YOU approximate to either the time amount
Al really cannot
O--Nl
which note In suit in part was giyenf An tue
winter preceding the spring when they closed
o.-Csn you tell the month they commenced Al
cannot.
o.-Can you tell the date when the professional SER
vices of DR.. White endedi Al cannot.
Q.-Fer what were those professional services ren-
deredi Al prefer not to state
Question not pressedl
witness mere explains: Dr. White never gave de-
tailed bill of items; 1t simply gross amount
Q-what was yoar business in 1878 and 1871 Al
was an exchange broker.
orsthat the same business in which you now
engaged ana have you engaged in that same basi
ness since 1871 A-Yes with the exception OF some
nine months running from the latter part of 1879 to
1850. when was doing nothing
o-Da You then and do you now keep any books OF
account. A.-No.
o-Have you any means of asceFtainng or stating the
amount of year ineeme during part of the te since
Is7si Al can state for the last year and one-har
from recollection; beyond that am unable TO state.
OWhat to the best of your recollection was the total
amount OF your income Ia 1879 Al SnoNi" "'t 10
able to state.
Q.-Can yon STATE il approximately! Al shoaie say
from Sc, 100 TO 81, 200 OF 81, 300
o-What WAS the total amount Of your Income In
1885, Al should say it was about the same.
o-What was the total amount Of your income in
1851 About $1,000.
O.--What was the total amount Of your income In
1887 A-Itis guess work should say about $1,000.
O-Yhat was the total amount Of your income IN
1888 A.-About $500.
Q-What was the total ameHnt OF y0ur Income In
1881 A-That WAS IN the ncigh5orhood OF 81 500
o-Then If understand you right, since 1879 your In
come In any year has not fallen below $lsOo and
has not exceeded $500 Is that correct! Alt Is cor
rect in this way have been helped from time 10 Time
by nay father in a small way.
O-IIaye you ncuded the amounts received from your
father in the statement male of your ineomef Al
think so.
$50 that from whatever Your income was de-
rived tho statement above made Is true. is 1t not that
your Income every since 1879 has been III least III
the neishborhood OF 81 S00l Ayes.
o-Uaye YOU a wife and children depending upon you
for supporti Al have not.
o.-IIaye you had either since 1s7sf Al have not.
Q-After you left DIR. Whites place to what place did
yoa removed A-rhe Glenhsm Hotel
o-Tow long did you remain at the GleHham Heteli
Any recollection serves me six weeks
Odd You there board and ledge, or did you simply
have roomsi Al had single room.
Q.-At what rate per week did you engage the roomi
Al think $40; it a temporary residence.
Q-While you were at the Glenham Hotel ana you nave
any aud IL so, how many. interviews with Dr. Whitei
II do not remember TO have bad any.
o-From the Glcnham Hotel to what place did you
removed A.-No. 81 East Twenty-third-sr.
o-Haye you resided at No. "a East Twenty-thirdst.
ever since you removed from the Genham Hotel that lie
to say for thepast four or nve years Al have
o-Haye you lived st no other place In tho mean
time 3 Al have not
o-IIave You simply had room at Twenty third-st
ever since you went therei A That is all
Q.-What rate have you paid and do yoa pay for the
room you have had and NOW oceupyi A--$l0 per
week
Q.-slnce you first removed to No. 81 East Twenty
trst have yoa hid any. and if so, how many, inter
views with d. White A.-None.
Odd you personally promise DR.. White In his
lifetime that you would pay indebtedness to him
Al have no recollection Of so doing.
Q.--When did you FIRST learn of the amount of yo1i
Indebtedness him for his professional services TO you
A Il can't state that