The sun., 1903-04-02
PHlLBM, RECEIYERS COUNSEL
AMORY Had METROPOLITAN ne.
CIIVERSHIP DOWN PAT.


CEIVERSHIP DOWN PAT.
More Gables 10 Ha zard. Whe wanted 70
Know when the Blew Would Ne struck
b, Sort ef lmpressien That stock Was
Geing Dewn-Ne Complaint In Re
ocivership Action Vet Drawn-Amery
Fsncies Something Has Been Done.
In his proceedings for criminal libel
against II. H. vreeland, William N. Amory
swore yestsrdayb efore Magistrate Barlow.
in chambers Of the Centre street police
court, that he. Henry j. Braker. e. Clifford
Potter and former District Attorney Eugene
A. Philbin began planning many months
ago to put the Metropolitan Street Rail
way Company into the hands OF receiver.
According to Amory's testimony, he and
his friends even went 30 far as TO discuss
who might be good receiver for the COM
pany, and who might be counsel for the
receiver.
as long ago as 1901. From time to time
after that he discussed the proposition
with friends. and from the middle Of jan
uary OF this year to almost the middle OF
March the receivership proposition was
ulsCubscu az many Incctibkb DcsVooh
Ainory, Braker, Potter and Phllbin.
Somebody suggested that Amory would
make a good receiver. but he protested
that the company would never consent.
Then Braker's name was suggested. The
Amory-Braker combination. according to
Amory's testimony, practically concluded
that the attorney who made the applica-
tion for a receivership would be the proper
legal adviser for the receiver. According
10 the plans OF the schemers. Mr.. Philbin
was to make the application, and it was
taken for granted, SO Amory said. that
Phlbin would be the receivers attorney
after the receiver had been appointed.
Much of this planning was done even be-
fore Braker had consented to become the
stockholder In whose name the suit should
be begun.
THE CABLE SPECULATIVE END.
The testimony also showed that Amory's
friend, William A. Hazard, Of Francis D.
Moulton 4 Co.. salt merchants, who has
been In Paris for several months, was also
in on the receivership scheme. Last Friday
many kilograms sent by Hazard to Amory
and by Amory to Hazard were produced
in evidence. More were produced yes
terday as follows:
JAN. Z. 1905
Amorv. i27 East s?d street. Een York:
Cable particulars my expense. Address Dscry.
diun,. Paris Advise Moulton. HAZARD.
JAN. =, 1905.
Ddervdfur. Paris;
Cannot possibly cable: but writing particulars
Bee Moulton to morrow.
JAN, u. 1905
Amorp. is7 Eaa s7d ssrsa. Nsv York:
Cable permission communicate facts English
friend now Paris who bought Jelico with me
Assume no, confidential Moulton. DAcHrDIUx.
JAN. IL, 1909
Da<rvdfsm. Parts:
Impossible. Confidence absolute invioisble.
JASI IL. 1915.
Anorv, i27 East e2d .Sfrsd Nsp York C1v:
win you cable day two before closinsf
Ds,,vaiu"' ra""
Anorv. i?7 Esa s2d street. Nsu York:
Do you favor purchaser. Is proposed action
policy OF failuref
JAN. 10. 1905
Daerydium. Pars:
Do not purchase. Failure.
Ano,v. III Eaa s7s street, Nep Yo-k:
Is Il sure occur, And --latest ds,sf Won't An.
nouncemeats bs dIscounted'
Daorydfum. Psrts:
Yes; probably latest middle February. Think
not.
anory i,7 East s2S .ssrsa. Neg YORK.
Leave Carlton for Paris Wednesday. HAZARD
JELLIco WAS METROPOLITAN
Mr.. Amory testified that he did give the
particulars a few days later to Moulton.
Hazards partner. He didn't care to cable
them.
perm ission to communicate facts English
friend now Paris who bought Jellico with
me'Y' asked Mr.. Niooll.
Jellico' was our code word for Metro
politan," was the reply.
@ Oh. then Hazard had been buying Metro
polltan? ! infer 20 from that despatch,
You didn't suppose that Hazard was going
70 buy stock in a company that was about TO
adRsd b he mS have Sh
some English friends Of his and that had been
told nothing about u
Hazard that You coldn't permit hinl 10 tell
his friend d1S anything about your 'chems''
o In one Of Hazards dispatches Of Jan,
H. what lid he mean by asking " YOU would
cable Day as 6etSre hl Sio:ins5 Did he he mean mean
the recsiye., was to be appointed A.
...o sssS e 5ays isSSss, SSs ws.1 . ds.. sss
msanr. A. understood that Mr. Hazard
wanted 70 know II then favored pyrcha.e
Ot ncIOpOisoh o'o'h. ocnulto
lie whole theory Of the. application for re-
ceiver was that when the millions stolen by
the company would be much better Oh. the
public would realize II. and the stock would
go W. instead Of down, .n
rsun Mf Tselss sau nS mean "Ss Ss S.t
BY failure I meant bankruptcy.
o. 80 you had concluded that your efforts
ssnk.aps .hs co%pss99y; and and ,hsEiCrs S yc% ".
A. Precisely.
RATHER ExPKcIIp STOCK TO 90 DOWN.
O. But you said q minute ago that you be-
lieved that the public would think you had done
such good turn for the company In stopping
the stealing Of the millions that the stock
wouldn't decline. What led you to change
your mind2 A. After thinking Il over didn't
know but that the disclosures would show such
q terrible state OF Affairs regarding the man.
agement Of the company that the public would
throw overheard their stock anyway. and 1
knew, in that event. there would be a de-
cline. Therefore ] would not advise the pur-
chase.
o. The ne 1t despatch which find here from
Hazard wants to know IL II sure OCCUR" Hs
also wants to know --latest date" and II the
announcements be- discounted" Your replyto
that was: Yes. probably latest middle Febtu-
ary Think not What hid you mean by
that? A. | meant that the company would
surely be put into the hands OF receiver and
o. Well the catastrophe didn't happen