Connecticut western news., 1897-11-11


 Mrs. westerfeld, swears it was dis- covered that In 1889 Cauldweli began to withdraw large sums from the estate for his own use. and which on the books were put down as ''call loans'' Tn an account which the trustees pre- scented to the surrogate of westchester county on Sept. 22 1898. the complaint says. they charge themselves with s76s, ,s7s.ss. but this statement Is al- legged to be untrue. from the fact that Cauldweli had paid to himself various sums not charged in the accounts. al- ways called "cali loans"
 On Dec. ls. 1895, Mrs. westerficld charges. her brother. Thomas Rogers. admitted to her attorneys that he had discovered defalcations on the nart of Cauldweli and that the latter had con. fessed to him that such was the case. Rogers and the plsintinf's attorneys then got Cauldwell to transfer the Ho- tel Empire and 2i lots on Jerome ave- nue to the trustees of the estate, in an effort to cover the alleged defalcatlon.. Mrs. westerfield declares that these properties were practically valueless as securities, being mortgaxed up to their full value. and that Cauldweil's equity in them was next to nothing
 By the decree of the surrogate Of westchester county on March i6 last. the complaint says the two plain tins were to have been paid fs5. 900 each from the estate. These payments have never been made. and the reason. the plaintiff says, Is that the trustees. ot one of them, has embedded s21s. ts0.s sb of funds that appear on the checkbook stubs as '1oans' to Cauldwell.
 csurdw~irs Denial.
 Tn an answer filed to these charges. Cauldweu. through his attorney. N. IT. Benn. denies that he took from the es- tate the sum of s2l2. 4S0.e5, but admits that he did take S2lS. .25o. There was. he says, no evidence to show that he had embexzled the funds of the estate. ot that there was any deficiency. On the contrary, he. as one of the trustees. bor- rowed from the trust funds previous 10 Dec IS. 1885. s1s7 900 in all. He assigned as security for this amount real proper ty to the value. over and above all Hens. of s306. GOO. In November and December. 1895. so he asserts. he borrowed tis.2go. giving as security property worth siso.. 900 over and above all membranes. the entire sum amounting to t2lS.ab0. He says he regarded this as an investment. or change of securities, and that all the transactions were made in good faith and with no intention to defraud.
 William Cauidwell was prominent in politics in Morrisania. where Jason Rogers died. and his eldest daughter Is the wife of his coatrustee. Thomas Rogers. He was pioneer in Morrisania enterprise, and after his first marriage, in is<6. he occupied a portion of the first house erected in Morrisania by his fa- ther. He was elected supervisor of West Farms In 1857 and was reelected i6 times. until the town was annexed to New York in 1874. In 1867 Mir. Cauld~ well was elected to the state senate. and in 1870. while he was at one time filling the offices of senator. president of the board of education. president Of the board of trustees of Morrisania. treasurer of a horse railroad and chair man of the board of supervisors. he rec signed the latter place. He also repre- sented the First district of westchester fin the legislature in 1874, where he pre- pared and had passed an amended an- nexation bill