New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-26
THE UNION CLUB ENJOINEO
NEW PHASE OF GEN. OUTINGS CASE.
THE GOVERNING COMMITTEE MUST SHOW CAUSE
WHY IT SHOULD NOT BK KEPT FROM
PXPfLLiNG HTH

fXPFLIiNG HIM.
meeting Of the Governing Committee OF the
Union Club was called for last evening to consider
the question whether General William Cutting
should be expelled from the club, and he was
summoned TO appear before the committee 10 gave
his reasons why he should not be cast out from
membership. This action grows out OF tho liti-
CATION instituted by Mrs. Lydia ). Cutting against
General Cutting, rs executor OF the estate CT MS
father Francis B. Cutting and of his BROTHER
Brockholst Cutting. The Governing Committee
took no action in the matter last night because oil
an Injunction obtained by Frederic X. Coudert
from Justice Andrews, in the Supreme Court
restraining that body temporarily from taking
any action in the matter. The case is to be
argued tomorrow.
Since tho report of Referee Hamilton Cole was
made in the suit brought by Mrs. Cutting, which
was conducted by Elihu Root and Franklin Bart
lett and since judgment upon the referees finding
was entered upon the records, many members OF
the Union Club have been urging his expulsion
from membership, basing their views upon facts
developed in the litigation, chief OF which was
General Cuttings for his own benefit or trust
funds Of the estates of his father ana brother'
On the other hand, friends OF General cutting
in the club urged that the referees findings were
faulty and that General Cutting had not been
rocresnt to his trust, as alleged.
ACTION or THE GOVERNING COMMITTEE.
The Governing Committee, however, took thu
December last determined to call for General
Cuttings resignation. This done. General
Cutting did not resi- gn. On the contrary, he de-
| clared that he would fight the matter to the end
lie took the ground that the suit OF Mrs Cuttlng
was not within the pale OF the clubs SUPERVISION
especially since lie declared the referees decision
was unjust in the extreme. 49,
| General Cutting did not go near the club. His
cousin, Robert Il. Cutting, took up ms cause
however, and sought to produce an impression IN
harmony with General Cutting view OF the case
He accomplished little in that direction The
Governing Committee, after further consideration
of the matter however called upon General
Cutting to appear before it last night and SHOW
cause why he should not be expelled from the
club on two counts first, because he had not re-
signed after Judgment had been entered against
him upon the report of the referee secondly, be-
cause he had not resigned after being formally
called upon by the Governing Committee 10 do So
General Cutting was thrown into qqandary by
this demand He thought that the best thing
he could do would be to consult his old-tme friend,
Frederic X. Coudert. The two had been at college
together; Francis B. Cutting General Cuttings
father had been warm friend of Mr.; Coudert,
and the relations of tho lawyer and the son
had remained close and friendly.
TINE CHARGES TgUE-sUCR AS THEY WERE
Mr. Coudcrt said to his friend: " You cannot
well appear before the Governing Committee to
answer these charges for they are both true
General Cutting started up at this, whercupon
his genial legal friend added: Is it not true
that You dId not resign after Judgment was
entered against your
Yes" was the inquirng answer.
:" And is it not true that you have not resigned
| when called upon TO do 50
Again came the Affirmative response. .
Well" went Oh the astute lawyer, - you cant
| very wei fight against Charges which you yourseh
| admit to be true
| way thus: =" guess would better get out an
| injunction restraining the cluD from actIhg on
| this matter ut the proposed time ,
An Injunction was obtained, and the hearing
| in the case Tor the club to snow cause why III
shonId not be permanently cnjoncd from expecting
m ftn0 sci d.
suit against the club, II pushed as now ihlenucu'
will lead TO prOtracted litigation. Should the
Injunction net bc made permanent ana should the
Governing Committee, remaining III us picS'nU
temper, determine TO cXreL General cutting, he
will seek rcinsattmc by judicial pI9ceeulhsSS
and his old-tme friend, Frederic H. Coudert, VIII
see him through" to the end
The suit of Mrs. Lydia ;. Cutting charged
| General Cutting with maladnlnisIratIOh oil ihG
estate OF her husband and oil his father ana called
n i ,S US in FuroI,r in the simmer OF $50,
| spending most of her time in Paris. She had been
! accus, omed To receiving drafts from General Cut
ting according TO her needs For TWO months as
| her drafts or to have those hOnored which she
| made upon him and she then, late III August, took
| steamer to this country and put her case IN the
hands OF franklin Bartlett; lie took up lne
matter and as The result at Mrs. Cutting request,
! he brought suit in the Surrogate Court. Emu
| Root was soon after called into te case Burrlll,
| Zabrisl,ie a Burrll represented General Cutting
! Mrs. Cutting alleged that Frances H. Cutting hid
| left an estate worth S30oOGoo III rr 1 prQlyriy
an"ai sbnrcs 70 HAYWARD and General Cutting and
to the children Of Brocl>holst Cutting. Hay Ward
Cutting. Mrs Cuttings husband, died IN 1916, thus
| leaving General Cutting sole executor oI MS
| fathers estate Mrs Cutting had at first bad an
| allowance Of 81 500 month, subsequently made
So 900. II was the StOppagc OF tins when Drought
| her here from Paris. In her demand for ar ac-
counting she alleged that General Cutting had
| misappropriated the funds OF the estate through
| stock SpcculatiOns.
| AN AGREEMENT MADE, BUT NOT CArrIED OUT.
In January, ] $685. n supposed settlement of the
case was made, in accordance with which General
Cutting resigned as executor of the estate, agree
| ing to turn over also certain property standing
| in his own name to make good what he owed the
estate, estimated at about 81 100000 This was
not done and so the suit for an accounting was
pushed; it was sent to Mr.. Cole as referee, and
he reported on July A, $685. that General Cutting
owed the estate gel 0, 900 The referee found that
General Cutting had used the funds of the
estate for his own personal benefit notably in
securing personal loan of $50, 600 with 5000 600
Metropolitan Trust Company stock belonging 10
the estate and a loan OF sloo'0OO from tne
curities belonging to the estate, all in all rendering
him guilty of misconduct of the estate.
| General Cutting turned over S315,OOO, all told,
of his own property to make good the deficiency
Of sci 900 as far as possible. Mrs Cutting there
upon signed n general release Genera cutting
| refused TO appeal from the referees decision. Ito
asserts that Mrs Cuttings lawyers Incorporated
various recommendations in the final settlement,
which the court made part OF Its decision, ana
that these rejecting especially upon General Cut
ting's administration OF the estate have given rise
to erroneous impressions on which the Governing
Committee of the Union Club is acting. Mrs
Cuttings counsel however hold that these recon-
mendations were fully considered and properly
stand as part of the Judgment Of the court.
THE COIL IA NINE IN SAN FRANCISCO Eggz
SAN FRANCISCO. Jan. 25 (Spociap.-The coal famine
continues here good proof of the eagsrness Of deal
srs 10 secure Wellington csa furnished ny line
| tfa kaa ham "a,
wharf sisce early yesterday. steamer expected
with cargo and rather than lose their places the
drivers unhtched and LETT tn, wagons the wharf.
This m.rning the As reformed and the teams