The Montgomery advertiser., 1905-07-17
Makes Answer to Pub liShed Criticisms.
CASE OF THE EQUITABLE
Tells Regarding Testimosy Taken.
No One Saw Notes Exeept Gsvssnsg and CeunseI-bistriet Astsras5 Jersne May Have Cs1y
 if He wants It.

Albany. N. T.. July 16.-rhe answer of Superintendent Francis Hendricks of the State Insurance Department t0 the published criticisms of his omcte1 acts in connection with the testtmony taken by him In the investiGation 0k the Equitable Life Assurances Socie-yj and his preliminary report thereon, ie made in an extended statement tssued from the insurance department tor night. Incidentally. the superfnfsndsnS publishes a letter addressed by him to his deputy, Robert H. Hunter. at New York instructing him to deliver hie copy of the Equitable testimony t0 District Attorney Jerome.
 The statement includes an a0d4vtt bx. William A. Comstock. Supennteudsne Hendrickss confidential steuographers certifying that the alone did the sten- ographic work and transcribing ox notes in connection with the taking of testimony and the preparation of 6u- perintendent Hendricks's preliminAry report and that he personally knowo that no change or omission were made in the testimony or the report; that outside of the persons onnciaiiy ems ployed in the conduct of the investiga- tion. no person heard, read or saw the report or the testimony of the report except Governor Higgins and his coun-
 
 ment is as follows:
 Hemdricks's stateme44.
 The statement made in certain pA- pers that my report and thd testimony taken was edited and altered. In the in- terests or. at the suggestion Of certain individuals is unqualifediy false. No person except those employed by me in the conduct of the investigation read or had access to the report prior to the time it was delivered to the printer except Governor Higgins and his coun- sel, Cuthpert w. Pound No sugges-t ton was made by either of them as to any modification of the report and no change was made in the report ss prepared by me. Tse report a printsd is In the exact form in which 1t vas finally drafted by me and my couns&L
 At the interview with the Governor and his counsel I was asked by tho Governor whether I had been success.A full in securing the facts relative to all matters under investigation. I stated to him tha I had no: that the investi- gation was still necessarily incom- plete; that among other matter which had not been fully covered was ono which deemed of immediate impor- tance. but concerning which had been unable to procure the facts by reason of not having learned of it un- til the preliminary investigation wa about completed. I then stated to him that I had been informed that the Equitable Society was carrying loan in the Mercantile Trust Company of $6S5,000, of which no record appeared on its books as liability. The Gov ernor stated to me that he believed that a further effort should be made to thoroughly Investigate that subject. In accordance with that suggestion then directed my counsel to make further ( a~A l.. to that item and by reason of such ac- ton my report was delayed until the conclusion of his effort.
 Efforts Unsuccessful.
 Our efforts in that particular were At that time we were unable to secure the facts relating to the matter and consequently my re- port remained unchanged.
 With reference to the criticism that my report does not fully cover all of < the facts brought out in the testimony. l never intended that it should spe- refer to everything that was developed by the testimony. On the I stated at the outset that 1t did not: that the report was prelinii- nary in character and showed only such matters as I deemed of immedi- ate importance to the policy holders. undertook to comply with the promise that made to the insurance commis- sioners of other States early in May to present a report early as the 18th of June and 1t was impossible in the limited time I had to refer in detail to all matters developed during the If I had undertaken in the report to cover all matters refer red to in the testimony it would have delayed Issuing the report at least sixty days and the report would com prise a volume of at least two or three hundred pages
 The further charge made that some of the testimony taken was suppressed pr edited in the interests of certain is likewise unqualifiedly false. Every word of the testimony given and taken was transcribed by the stenographer in the transcripts of the testimony absolutely without ,hange No person except those em- ployed by me in conducting the inves- tigation saw the transcript of testi- mony or asked to see it, or make any suggestions with reference to it, di- -ectly or indirectly.
 Only Three Copies.
 "Only three copies of the testimony were transcribed and they were deliv- cred to me personally by the stenog- -apher who transcribed them and each copy was separately wrapped up. marked and placed in the private com partment of the department at AL oany."
 Mir. Hendricks goes on to say that ,n July 6 he sent a copy of his report 70 Attorney General Julius M. Mayer It Albany. and one to Robert H. Hun .er. his deputy. in New York City. of his letters to these ofii- ,ials appearing in his statement. The ,ther copy. he declares. since compie- Ion has remained at all times in the department vault.
 In his letter to Mir. Hunter. Superin- endent Hendricks says:
 Should the District Attorney desire lccess to this evidence. you are at-lib- .rty to deliver 1t to him or allow him 70 examine It."
 The statement continues:
 "The charge that copy of the tes- ,imony was procured by any other person from this department is abso- utely false and without foundation. .t the time of the publication in the ,swspapers of a part of the testimony.