New-York tribune., 1893-11-24
MIR. CROKER'S MORTGAGE.
IT WAS FOR $4,000 AND WENT CNRE-
CORDED FOR MONTHS.
NOW 1T IS on THE BOOKS OF THE REGISTER
IN PECULIAR srINPE-wrAT Is


IN PECTLIAR sifNPE-wnAT Is
SAID ABOUT IT.
II was reported early last summer that Richard
Croker had borrowed S0.c0 from banking concern
@. this city and had given mortgage to secure
payment on his newly purchased property al NO .
East Seventy -fourth-st. Reporters OF several news
papers searched the records at the Registers Office
but no trace OF an entry bearing Mr Crokers name
was found on "ticker" index or liber The records
In which the mortgage should have appeared were
carefully examined that time ana inquiries were
made Of Register Levy and his suoordihates. no
evidence of such mortgage then existed. ana 'he
Register and his clerks whose duty II was 10 re-
ceIve and record II. assured the reporters that 10
their knowledge TO instrument OF that description
had reached the Hall OF Records.
II now appears that in spite Of the absence OF
any record at that time. and NOTWITHSTANDING tne
denals of the Register and his assistants. MT
Croker April last. and three or four months
previous the inquiry alluded to. borrowed S'oVo
from the Farmers Loan and Trust Company and
gave a mortgage for that sum on the property men
toned II is now recorded in ber r. section D.
pages ST. IS and 49, and was ndorsed as having been
filed for record on April 6, lS6. at 3:25 p m over
eight months passed before the mortgage got Into
the public prints. and 1t was the only real estate
transfer which took place in New-fork which dd
not appear on the transcripts made by the two
news agencies which supply these transfers to the
press Neither did Il appear in THE Real Estate
Record and Guide ''The Law Journal both
OF which make n specially or real estate trahSac-
tions Furthermore. an examination or thc reg
ister's records reveals evidence or erasures ana
manipulations only expicable on the ground that
the mortgage was not recorded for Ions time after
II was made It's entry on the "ticller' Is APP
parently q different hand from the other entries;
IL Is OF its natural place In the lDer. appearing
nearly month after other mortgages of even date;
"April 23' has been erased and April D. written
q. ,l,.~ss
to have been omitted when the instrument was
originally recorded or entered and to have been
written in at subsequent time and In a different
hand In a space purposey left blank.
COMMENTS ON THE CASE.
Tho singular circumstances connected with Mr..
Croker's mortgage were n good deal commented
upoE yesterday in business and political circles.
and questions like this frequently asked: did
the Register keep the mortgage out OF the records
for several months ut the request OF Mr.. Croker
or was 1t an act of obsquious complaisance on the
part OF that oniciai?' "In so Withholding the in
strument from the public and preventing searchers
from learning that 1t had been delivered did the
Register violate the law?
The Consolidation act infinitely describes the du-
ties and powers Of the Register. and carefully
provides for the recording Of deeds. mortgages and
conveyances Of all kinds In such a way that they
NAV be known to oil who desire such Information
as soon az thoy are fled. Section LII requires the
Register 10 make an index OF each book Of registry
OF mortgages and membranes. and from day to
day and from time TO time. as The said mortgages
and encumbrances shall be registered or entered.
make entry in this index and also In the gen,
eral index OF mortgages OF the name or names 81
each and every mortgageor. debtor anh owner ana
proprietor Of land. mortsagee. encumpranSee shh
party named III Snth n'oTudsc, "!tH"Etu u'p'p,n
be'icay with proper references IN me ren'rai IN.
dcx 10 the book Of rcs1si:y and eiree,s mat al, al
persons shall have free access .oT search AT az
reasonable hours In the daytime section L,O
every conveyanee or deed which shall De lsit WIN
him in his Office to he recorded. the day. month
shall be so left for record. and the record shall
bear date corresponding with the time mentioned
In the note or Memorandum.
section i7i2 requires The Register TO have sep
arate books for deeds and for mortsases. and TO
and easy reference 10 the several books OF
record in his oiIice In each book there shali be
shall be set the names OF srantors or rortgaReorS
followed by the names Of the grantees or mortga-
or mortgages. follow ed by the names Of the grant
ors or morisngecrs.
LIABILITY or THE REGISTER
LAWYERS hold thai whenever deed or mortgage
IL withheld from the records by the Register. or
with his consent. and they are not recorded in their
proper order. he makes himself liable 10 prosecution
for violating ,hc law. The spirit Of the statutes
quoted from. they insist. Is violated. and the Peg
lister is amenab,e TO the courts.
When the case Of the Croker mortgage
brought TO Mr Lcvys attention yesterday he said
that he had investigated the matter and that the
seeming irregularities connected Win its record.
ing he found 10 BE- due TO request to expedite"
it; He assured the reporter that hc had no know!-
edge Of request from Mr. Croker or his lawyers
or representatives to keep Tho knowc'gc II IL cx-
isience from the public The Register was unable
70 rrcsIl any request made last summer by re-
porters others for information resardlng mort
gage giv,n by Mr. croker Nothing. he said would
Induce bin to consent To bod back mortgage
Other instrument Ned for gsgiyiry from The rec
ords. which were publ and free to al.
Mr. ok.r ,,fae .I a.. had any
'hns Know to ay wns.y about keeping back
the mortGagc from recording:' he said. ~ GER
tainy as.ef noboiy 20 do anything OF the kind and
the whole matter in the hands Of my lawyer David
Mcclure
Loan and Trust Company, which made the loan to
Mr.. Croker.
IT IL Az. 4 MYSTERY TO Ma. MCLrRE.
David Mcclure was seen yesterday aad asked II
it yas by his request thl, the mortgage given by
the Gar of New.York had bcen kept or the mort
gage libcr FOR sev,rai moE1hs.
Not at all-not at ALL" answered Air Mcclure.
'rhl- Is n very curious caac-one OF the stfangest
ttines tha, eyer cane under my notice II we
had preferred To Keep ihe mortgage OF the records
Il would not have been necssssry TO ask REGISTER
Hut there no wish ON the part of either Mr..
Croker or tho Lean and Trust Company to hide
either the loan or the mOrfgege. Wny II" iriiru-
mont not reoorded IN due order Of bus.ness at
the Registrars oiGce-and have no information
personally on the subject to shoW that ~
not cntercd-I am sure do no, know. never
gave any instructions or made request Of any
one for delay. Why should /? / am sure that
occurred q fro" what cause Is 4 mystery to me-
U'OUAN'S HOSPITAL lyNirERSIRY.
The thrty-eghth anniversary Of the WOrnan's
Hospital celebrated yesterday afternoon in the
hospi'al building at Fcrty nnth-st. and Fourth