New-York tribune., 1906-10-25
ORDERED TO TESTIFY
n. 7. LIFE MEN DEFIANT.
Buckner and Randolph Mast Tell of
EIectiOneering.

2IWCCtOfbCCfGt
Under an order signed by Justice Nash of the
Supreme Court Vice President Buckner and
Treasurer Randolph of the New York Life have
been subpenaed, adverse Witnesses to tes-
tify before Russell Lord Tarbox. referee. at
No. so Wall street. this morning, in connection
with the international policyholders committees
on-electioneering' suit against the COM
pany.
The subpenas issued by Mr.. Tarbox were tho
result Of the refusal of the two officers to sign
aidavits in support of the plaintiffs allegations
that the compeny's directors were using policy
holders money for mailing mutilated pro-ad-
ministration ballots. eectioneering advances to
agents, and other illegal purposes
Messrs. Buckner and Randolph appeared be-
fore Mr.. Tarbox late yesterday afternoon but
refused 10 be sworn in. the advice of William
Nelson Cromwell, whom the company apparently
retained for the occasion.
The appearance before Mr.. Tarbox the
climax of an interesting scene between Abraham
Benedict. of the law firm of Guggenheimer.
Untermyer & Marshall. and Mr.. Metsger, an
assistant deputy sheriff on the one side. and
Mr.. Buckner. Mr.. Cromwell and James F. Nc
Intosh. the company's general counsel, on the
other, Mr.. Mcintosh denying Mr. Benedict ac-
cess to Mr.. Buckner's office until Mr. Benedict
invoked the aid of the Sheriff.
Justice Nash granted the order to Mr Benedict
as counsel for Mr. Farrelly, appointing MI Tar
box referee.
In applying for the order, Mr.. Benedict de-
clared that both officers had refused to sign the
affidavit submitted to them. which was designed
to show just how the company stood to the
financing of the pro-administration campaign.
In view Of the officers attitude Mr. Benedict
asked that the court appoint referee to take
off,
the FarrelIy suit comes up for hearing to-mor-
row. The names of Messrs Buckner and Ran
doph were purposely omitted from the list of
defendants in this suit. Having received tho
court order Mr.. Benedict, at 4:20 o. m, visited
the company's home office. at No. 346 Broad
way. Mr.. Mcintosh confronted him there. re-
fusing to permit service on Mr.. Buckner or Mr..
Randolph. At 4:30 o'clock Mr.. Benedict re-
turned with Mr Metzger, who was permitted
to serve the papers on the two officials. Each
Of them received from the assistant deputy a
81 bill to pay their mileage to No 60 Wall
street. Mr.. Mcintosh twice talked with Mr. Tar
box by telephone, asking for postponement until
to-day, pleading the late hour On both occa-
sons Mr.. Tarbox called Mr.. McIntosh's atten-
ton to the forthwith clause in Justice Nash's
order and insisted that the two men visit his
Office Immediately.
Accompanied by Mr. Cromwell who was coun-
sci for ex-President Alexander of the EQUITABLE
in the Alexander Hyde controversy, but who
previously had not figured as counsel for the
New York Life. the two men entered Mr. Tar
boxs office at 5;3O p. m.
Mr. Cromwell made objection TO any swear
ing-n of his clients to any entry of appear
ance before the referee. the ground that his
clients dispositions would be used to influence
the Farrelly suit Tomorrow
Mr.. Benedict replied that it was simply de-
sire on the part of the polcyholders to obtain
information for at the hearing, protesting
against Mr.. Cromwell's appearance before the
referee
Both officers refusing to be sworn the
then went over until II a. to-day. Mr.. Crom-
well asking time also to read the papers in the
case
1t is understood that Referee Tarpox will per-
NIT Mr.. Cromwell to appear on behalf of the
company.
If the officers refusal to be sworn in be over
ruled and they still persist In their refusal, both
men may be adjudged in contempt of court
Mr.. Benedict said last night:
TT evidently is the intention Of the New York
Life to block any effort which the policyhoders
make TO secure necessary informa tion, and the
absolute refusal of these two officials to comply
with the order of the court is the first step which
they have taken in checking the progress of the
case in question"