The Press., 1895-11-14
(HartfOrd Courant.) CRYSTAL LAKE FAILURE.
l.. T. T1NG1ER APPOINTED TRUSTEE

Rockville, Thursday afternoon. The of- flee was crowded by creditors and speota- tors drawn there by curiosity. B. H. Bill spoke for the confirmation of the appoint ment of MT. Fay, and said he did not see any reason for repudiating his appoint ment. If the opposition could show any good reason, he would acquiesce; if not, he asked the court to confirm, claiming to represent a majority of the creditors as follows: Holland Savings Bank, $4, 900; c. H. Kemp, Stafford, $1,OOO; J. A. Brown, Holland, $1 ,OOO; Henry Burke, of Rockville, $2,500, and other creditors living in this city as follows: R. H. Herman, $500; Thomas s. Pratt, $55; B. l.. Burr, $50; B. A. Kuhnley, $55; Edward White, $3O; Thomas Luton, $65; J. Rosenberg, $126; Thomas Wend- hiser, $20; M. J. Bowler, $1O5; J. Mul- legan, $12; M. Johnson, $3; total, $9,- 321; also a note of MT. Burke for $500 or this amount, the following are secured by mortgage on the real estate of the in- solvent firm: Holland Savings Bank, $4,000; J. A. Brown, $1,OOO; Henry Burke, $2,5OO; c. H. Kemp, BLOOD; to- tai, $9,5OO. MT. Bill asked that the se- cured creditors be allowed to have a voice in the selection of a trustee. MT. Bill spoke earnestly of MT. Fay's ability and honesty to conduct the affairs of the es- tate in the interest of the creditors.
 J. E. Fisk, while not opposed to MT. Fay on personal grounds, was obliged to oppose him by the order of his clients, who were creditors for the following amounts: w. H. Jones & Co.,, of Bos- ton, $1, ,117, and Turner, Locker & Co.,, Cincinnati, $389. MT. Fisk asked for the appointment of Lyman Twining Tingier James Fitzgerald, Jr., represented the Springfield Brewing Company, 8 1, ,156, and Smith & Darling, $65O. The former firm, although few days ago in favor of Tin gier, would not now object to MT. Fay ; the latter firm objected to Fay. Schwartz Brothers, whose bill amounts to $1 ,292, asked, through their attorney, MT. Fitz- gerald, for the appointment of MT. Tin gier. A. H. Crossley, representing the Cooperative Savings Society of Connect icut, favored the appointment of MT. Tin gier. The society has a mortgage of $3 300 on the real estate of the firm in Rockville. MT. Crossley and friend are also interested to the extent of $500 on the same property. Lawyer King, ot Stafford, was present, representing G. M Long & Co.,, of New London, on a claim of $112; Kessler & Co.,, New York, 1926 and Stafford creditors with claims aggre. gating nearly $500. He was opposed tC the appointment of Fay, and favored Tin. gier. MT. King said the secured creditors should not come into the probate court and take part in the appointment of a trustee. Their mortgages secured them against any apparent loss.
 The sensation of the hearing was when Lawyer Kelley, representing McMahon Wren, of Bridgeport, addressed the court MT. Kelley stated that the bill of $7OC was for liquors and beer delivered within two weeks of the failure; inquiries oi Coogan & Bowler had failed to locate the sales of this large amount of liquors, ol of any bills that had been paid by the in. solvent firm with funds realized from the sales of the stuff. MT. Kelley denounced the firm and their counsel in the stand taken in refusing to show or give any ex. planation to their creditors of their busi ness methods. MT. Kelley said it looked as if something was wrong, and that they were hiding themselves behind theil counsel, and in the appointment of MT Fay they looked for protection against being caught in their taking of $10,000 ot property belonging to the creditors of the estate. MT. r.Kelley had no feelings against MT. Fay personally, but did not think him the proper person to conduct the in vestigation and go behind the returns tc learn if the creditors had been swindleC out of this amount of $1O,OOO. He advo cated MT. TfHgier as a suitable person.
 Lawyer Bill again asked that the cour recognize the lights of the secured credit ors, and give them voice in the hearing He also took exception to the remarks O MT. Kelley in relation to advice giveI Coogan & Bowler, he, as counsel, claim ing a right to advise what he thought wal for the interest of his clients. Judge Phelps reserved his decision until Friday and decided as follows:
 This court finds that, while recognizing the rights of the secured creditors, it il of opinion that the rights of the unsecured creditors are superior in this matter, anC as quite majority of this class oppos the confirmation of the said w. Franl Fay, and as appears to this court, witt sufficient reason, the aforesaid w. Franl Fay is not confirmed as such trustee This court does appoint Lyman T. Tin gier, of Rockville, as trustee of said es tate under bonds of $2,000.
 The new trustee was for some year judge of probate for the Ellington dis trict, Rockville and Ellington, and w.
 the choice of unsecured creditors havin
 claims of $14,OOO.
 Mir. Tingier qualified at once, and visit
 ed Crystal Lake in the afternoon to ir
 spect the property. The appraisers ar
 pointed on the estate are L. E. Thomp
 son, Sheriff A. P. Dickinson, and E. H
 Preston, of Rockville. .... Il - w. w. Lathrop, Stafford Springs, G.L T Phillips, South Coventry, the druggists