New-York tribune., 1903-04-18
PHILBIN LETTERS READ.
accountant Says He Had No Deal
ings 1Cith 44mOry.

before
trate Barlow. at the Tombs police court De
Lancey Nicoll. OF Mr. vreeland's counsel called
Eugene A Philbln to produce the letters
which had passed between him and John D.
Crimmins about the railway company Nr-
Crfmmins gave some testimony about the let
ters on Thursday evening. Mr.. Nicol. after
reading the letters. placed them in evidence
It appeared that the first letter was written
by Mr.. PhiIbin on February last. TO Mr. Grim
Minis In this letter Mr. Phnbin said thar he
knew OF man OF large means who wanted To
retain him in an investigation OF the affairs %
the Metropolitan Street Railroad Company
There was a blank space IN the letter in which
the mans name ought to have appeared The
letter went on TO say that ". F. King was not
the man. and that the matter did not relate tn
the agitation concerning the overcrowding OF
cars He would not prefer TO begin this In
vestigation unless il was agreeable TO Mr. Grim
Minis Neither would he prefer TO accept re-
tainer in the until he had received Mr.
Crimninss advice. but that when he accepted
the retainer. he would do his full DUTY. and
Mr. - had told him that fame and fortune
would come to him
The response OF Mr.. Crimulins TO Nfr. Philbin
said in substance that Mr.. Ryan and Mr.. Whit
ney who have control OF the Metropolitan. al
ways had the best legal talent. such Root.
Stetson and ex-Judge Brown. and that there
was no possible chance that the management
had done anything which was not within the
limits of the law The letter went on to say
that bookkeeping reports were sometimes con-
fusing but that the stockholders Of the company
felt that there was no reason Why the present
management should not continue AR Crimmins
suggested that there nothing serious in the
affairs of the company. and that il was possible
that the company might have been liberal in
giving fees TO attorneys, but that he did not be-
lieve that anything out Of the way had been
done Mr. Crimnins suggested that II would
not be we'll for Mr. PhiIbin to Identify himself
with Mr. Auaory and that there need
OF hunting the question with a band Mr.
Crirruins suggested that Mr.. Auory's motives
were not philanthropic. and he concluded the
letter by telling Mr.. Philbin to remember the
old maxim BE sure you're right. then 90
ahead"
Did YOU follow this MAXIM" asked James
w Osborne OF Mr. AInory's counsel
7 did" replied Mr. PhiIbin-
Max Teichnaan. an expert accountant Of Balti-
more. who, according TO his Own testimony, had
been employed by Talbot J. Taylor & Co. 10 go
over the reports Of the Metropolitan testified
that he told Mr.. Taylor he would undertakes
the work for his usual compensation. - an
hour and all expenses, adding:
Mr.. TAYLOR told me that ne had seen reports
that there were some discrepancies in the affairs
Of the Metropolitan company he said he was
financially interested in the company and would
Ike to know whether its affairs were all right
Mr.. Teichr1an said that he got al the ma
terfaIs to carry on his investigation from Mr.
Arnorv and that Mr. Amory gave him this ma
terial in Mr. TayIor's Office It consisted main
" OF the sworn reports Of the Metropolitan 70
+bA STATE Railroad Commission He said that
his work occupied about four weeks. and that
he did II all in the Offices Of Mr. Taylor
How much did you get for this:' asked Mr.
NicoH
The witness hesitated. and Magistrate Barlow
said
..Ife he does not want to answer this. ne need
not What is the use OF il
Mr. NicoU replied that he wanted 70 get ALI
the facts OF the case II he could. and Telcn-.
man said that he had received over SI,O'o for It.
He was questioned closely by Mr. Nicoh as to
how MANY COPIES Of the report he had made.
AID he said ne had made five The original ore
u-as given 20 Mr.. Taylor, another one was lefc
in MI TayIor's Offices. third was given TO DIT
Ar7orr a fourth TO an expert accountant named
Hartle. and the fifth was still IN his own pos
session and had never been out Of IL These re-
ports were furnished about August Il, 1SO--
Teichrnan said that ne gave the report To
Har+Ia so that HertIe could compare the figures
with those he was making out himself Then
Mr. Nicou showed the witness the newspaper
IN which was printed on March IL the reports
Of HertIe and Teichman. and he asked NJ
Techuan II the figures and other things in tbs
paper were correct, as he had found them Mr..
Teichuan said that they were. Among tha
items printed was one which said that the CON-
pany had reported a surplus OF over sJ,UDvDos
when it did not have 100000 and that tbs
liabilities exceeded the assets by S1SOOoOto and
that other discrepancies brought the actual Ia
biIities up TO S24OOoOOO
You made up this statement OF yours. sald
Mr.. NicoII from The reports made By the con-
panv 10 the Railroad Commission: and now tell
me II in arriving at these figures you did noc
charge up in one lump all the debts and
obligations OF the company?'''
L did"
Q-Did you charge up the debts Of several oe
the lessor companies? Al did
Odd you put them down as Mstropolita1
liabilities Al did
Odd YOU put over against them the assets
os the lessor companies Al did not only
had the figures OF the Railroad Commissioner
report TO go by
these assets Of the lessor companies. would
there not have been a surplus Of more than
s5OG0O0O in the treasury OF the metropolitan
company Al think there would.
Then in an exuItant tone. Mr Nieou turned
10 Air Osborne and said:
Vow. that disposes Of $24V1t=o Ot ths
s30OOoOOo that you claim ws have stolen
NO il does not" replied Nr osborne
never made any such statement concerning
this witness What this witness is testifyns
70 has nothing 20 do with the affairs and ths
testimony of my client ar. NnoTy- That = al
that In, here on No testimony Fas been given
srAR0.RD AIR LINE RAILWAY