New-York tribune., 1903-04-02
NO NJ. S. r. RECEIVERSHIP
COMPLIANT NOT DRAWN.
-4mory Told keene Millions Had
Been Stolen.

-AmorE's libel charges yesterday before Magls-
trate Barlow. at the Tombs Police Court. Cen
eral Benjamin F. Tracy and Wheeler H Peck
ham were present counsel for James r.
Keene and Talbot J. Taylor. Mr.. Keene was
said to be i'll at the waldorf-Astoria Mr.
Nfcoll had announced his intention to summon
Mir Keene as a witness in the hearing.
When the hearing interrupted last week.
after some cable messages which had passed
between Mr.. Amory. in this city. ana William
a. Hazard. in Paris. had been produced. Mr..
NicolI declared that ne intended to lay the mes
sages before District Attorney Jerome as
basis for cSarges of criminal conspiracy to
knock down Metropolitan stock for stock job
bng purposes Mr. Jerome at the hearing
yesterday and heard more messages read. but
no charges We're presented 10 him by Mr. Ntcon.'
and there was intimation that such charges
were to he made Immediately.
Mr. NscoU received from the Western Union
company batch of cable messages before he
began to ask questions yesterday. and he read
TWO Of them of the date OF January T. this year.
fellows
Amory-csbie particulars my eTPs1is eTYPs9spvDr,-N
Dacrydiun-Can't possibly cable. but writing par
ticulars- See Mouiton tomorrow ANGRY
.snacrv,diurr'- was the cable cipher for Mr..
Hazard in Paris Francis u. Moulton is Mr..
Hazards business partner in this city Mr.
ragcs but read the following OF January Ia;
Amory-Cable permission to communicate facts.
English friends who bought Jeilic9 With I1vn9iN me
ol' ssnl,lteI, p%i5lsble 1MORY
knory-win you cable day or Two IeT bef@TS! TBIiN
T,acrvdium-Yes. will cable AMoRY
Mr. Amory said in response questions that
.,Jelico' meant Metropolitan stock The word
had been selected hy him for cable correspond
ence He said he didn't know that Mr. Hazard
was buying that stock. believing that the com
pany was going into the hands Of a receiver
The last message meant that he would cable
80 Mr. Hazard information day or two be
fore the application to have the company placed
in the hands Of a receiver was made i'm court.
Mr.. NicoI then read the following under date
OF January 20
Amory-Do you favor purchase? Is PToP2sed &C
f!on policy or fallure- DACfNfDiCM-
What did you understand by that?" asked
Mr.. Nicon-
You can see that Mr.. Hazard wanted to re
ceive information" the witness replied. Il
case him little information. He was at sea and
wondered whether it woudnt be well to buy
lie didn't understand what the effect would be
81 the receiver was applied for. My answer to
that was Don't purchase On January 26 Mr..
Hazard cabled. is II sure occur? Won't an
raouncernent be discontinued?' I replied, Yes.
Latest date probably middle February I
didn't know whether or not Mr. Hazard had
bought any Metropolitan stock"
Who knew as early as March that there
a proposition TO have receiver for the
Metropolitan
SAID MILLIONS HAD BEEN STOLEN.
.T told Mr. Keene as early as Christmas, 1901,
that the company was insolvent, was in a terri
ble state and that millions had been stolen
TO he appointed
Mr.. Anthony said the matter had been in his
mind throughout 1902 but that he had not
disclosed these methods 70 the District Attorney.
He was asked tell what he had told Mr..
Jerome. but his counsel objected. Mr. Jerome.
who had entered the room. said one had any,
thing to conceal in the hearing
L think the question IS germane.' said Mr..
NicoH Il want TO show that this man told these
things to Assistant District Attorney Schurman
I want TO show that the witness was in a con-
spiracy 10 have a receiver appointed for this
vast company. II all a stock jobbing affair."
and he attempted to use the District Attorneys
Office for that purpose
Magistrate Barlow sustained the objection and
the witness was not compelled to answer.
o-what was the date of your last interview
saw 5sh him i'm in 5 his once saw Mr. Jerome late in
loyemEeT and he asked me me to take e al the papers
o-what was the purpose of this last interview
with Mr.. Keene? Alt was to ask him to con-
o-That Is TO put up some money? Att need
ea ad thi ana not n Mr TyoT Tefased to Put up any
more money! A--Yes: that was on September Il.
And then YOU tried to get hold of Keene. and
then they got hold of Brsker?'
Mr.. Byrne. counsel for Amory objected 30
Nr NscoIIs testifying. Magistrate Barlow said
that he did not any use in bringing in Tai
ro4 T rsrlo- after Sepfeu1ber ID
But Taylor started the whole thing" said
Mr. NicoIl After they got the information
they wanted they quit Amory and went along
their own way"
Mr. Amory said he Henry ]. Braker
about the middle Of January. meeting him at
the house Of f. c. Potter, and they talked over
the question Of having receiver appointed for
the Metropolitan. About February Mr.. Amory
went 10 Lakewood to Mr.. Phibin and ask
him TO conduct a suit for Mr.. Braker against
the company The witness said Mr.. Philbin be-
gan the preparation of papers in the suit about
February 10. Mr. Amory had been in Charles
ton s. C. John d. Crimmins in the
mean time because Mt Philbin was unwilling
10 undertake an investigation of the Metropoli-
tan without the consent Of Mr.. Crimmins. who
was an old client and interested in the Metro
politan.
cefversfip would begin about February Is? A
Well, 1 wired that the date not certain, but
o-Did not MIR Crimmins tell you that the
who said these things q about the MetIop3litan & was
o:-when you told him that Phibin was engaged
PhiIbin did that he was twenty-one years OF age?
A.-There was a letter 10 Mr.. Philbin.
Mr. PhiIbin? A.-Yes- Mr.. Philbin kindly let
see St
not the kind of letter you would call