The Hawaiian gazette., 1905-11-17
HOT WORDS
EXPUNGED

Treasurer A. u. CdIflpUeu as lhSui
ance Commissioner yesterday afternoon
gave another hearing of the matter OF
John Ena's policy for $4,000 in the
New York Life Insurance Co. Little
was done beyond continuing the In
Suiry to December 81, at 1880 p. m
This was at the request OF counsel Tor
1he respondent. George Il. Smithies,
Deputy Commissioner, was in attend
ance with the documents in the case.
M. F. Prosser represented the Attorney
Generals Department. z. X. Myers Of
the Hawaiian Trust Co, Mr. Ena's
business agent, was present with S. M.
Ballou as counsel. and F. A. Wicket,
local agent of the New York Life, with
A F. Judd as counsel.
A letter from Ballou & Marx to Jas
H. Macintosh, general solicitor of the
legal department, N. Y. L. l. Co, New
York, dated October 80, 1905, was in
1roduced. 1t acknowledged the receipt
of a letter of the 18th OF that month,
enclosing:
]. Copy of policy issued to John Ena
for $4,000, endorsed as a copy OF the
original
2. Another copy bearing the same
number endorsed as copy of the
proposed substitution of policy.
3. Copies of a batch OF letters.
4. Typewriter application for new
policy, marked by Hawaiian Trust Co.
as referred to our attorneys, Ballou
& Marx"
Then there was a letter from Ha-
waiian Trust Co. to Commissioners
Campbell containing further data at
the suggestion of Ballou e Marx
Another letter submitted was from
Mr.. Wicket to w. NJ. Harris, 1nspec-
tor of Agencies, San Francisco, dated
October 30, 1906 which among other
things stated that the Attorney Cen
eral had stipulated that the original
policy must be produced or, If it was
lost, that an explanation satisfactory
TO Commissioner Campbell should be
made regarding the document.
Some questions were asked back and
forth, when Mr. Myers, in answer to
Mr.. Prosser, said his statement was all
in the shape of letters as presented
you have no more to say at this
time?" Mr.. Campbell asked.
"Only to answer statements made
here to the effect that the wnole thing
is spite work" was the reply.
IF the Commissioner pleases," Mr..
Judd at once interjected, II will ask
TO withdraw the letters for the pur-
pose of expunging therefrom every
thing that is not material to this in
vestigation. We would like to exclude
from the files and from the discussion
anything that does not pertain to this
particular policy"
Mr.. Ballou then took letter from
the table and, after showing it to Mr..
Judd. marked with brackets a passage
deemed Objectionable.
Mr.. Judd then moved, lat the request
of the representative of the New York
Life" that the passage objected to
by opposite counsel be expunged. II
Was so ordered
Mr.. Myers, answering Mr.. Prosser,
said Mr.. Ena had no policy in the
Prudential and had never applied for
one.
Mr.. Ballou added that 1t had never
been suggested to Mr.. Ena to take out
a policy in another company or to
change his policy.
Mr.. Myers could not say whether he
had written a letter in answer to one
from Mr. Ena. He went to see him
and had long talk with him at his
house, Mr. Ena being home sick at the
time.
Mr.. Judd's request for a continu-
ance was made because he had beer
retained only day or two ago, and
desired time to write to New York and
receive an answer.
The Commissioner granted the re-
quest as above stated.