The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-20
HAMILTON GETS A SUMMONS.
gERVED HERE IN N. Y. LIES
ACTION FOR ACCOUNTING.
May Use Up Some OF His Ammunition
Against Trustees Before the Case Is
Trled-Wm Show Mccall Wasn't Re-
sponslble for the s23B 900 Paid Back.

Judge Andrew Hamilton was served
Yesterday with a summons In an action
brought against him by the New York Lille
Insurance Company for an accounting and
70 recover moneys paid to him by the old
management Of the company. The service
was made in the lobby Of the Fifth Avenue
Hotel about 5 O'Clock in the afternoon by a
clerk from the law once Of Keener 4 Lewis,
Q? Nassau street. Ex-Judge William A.
Keener Is one Of the counsel for the Fowler
Investigating committee.
Judge Hamilton accepted the summons
&ith o smile and then la~ughiugly exhibited
Il to his friends.
Il Is considerably more than a month now
Vince the Fowler investigating com mittee
recommended that a suit be brought against
Che New York Life's former legislative
agent. The committee held that he should
be compelled TO account for more than
800, 900 paid to him for the conduct OF the
c~ompany's legislative bureau and That ne
should be held liable Jointly with John A.
Mccall for S2l9 500 more, which he got
These recommendations were nad when
Hamilton wa in Paris and when the New
York Life folks had no idea that he was
thinking OF coming back.
The serving OF the summons was taken
yesterday TO mean that Hamilton would
not appear before the Fowler investigating
committee. The committee sent him a
letter about ten days ago offering him an
opportunity to appear before it and in
forming him that the proposed action
against him would be delayed until he had
a chance to testify. A member OF the
committee said last night that no word
had been received from Hamilton in cpl
TO the letter and the committee had con-
cluded to wait no longer.
The bringing Of the suit means also
that the New York Life trustees have ac-
eepted Hamilton's challenge delivered be-
fore the Armstrong committee in Albany
and will fight his charges in court. II
Hamilton carries out his present programme
the trial OF the suit will be Of a most sensa-
tional nature and will require the attendance
in court of more than half OF the trustees OF
the New York Life.
Hamilton is confident that he can prove
10 the satisfaction OF the court tina the
New York Life trustees we're cognizant
Of the payments to him and passed on
them.
The complaint in the action has not been
Drawn YET. lne ldct thaS PoP0 ""s
served yesterday in an action against
John A. McCall's estate was taken as a
pretty sure indication that nothing will
be done by the New York Life trustees
10 prosecute the company's claims In hat
direction. Many OF the trustees arc bit
terly opposed to taking any steps against
Mr.. MoCall's estate, and 1t lie feared That
any attempt to authorize such a suit would
result in a serious split in the board.
Judge Hamilton arrived in this city
early Yesterday afternoon. He went to
his apartment at the Arlington Hotel in
West Twenty-ffth street. He refused
to talk for publication. He has not made
any definite plans yet for his campaign
to clear the name of John A. Mccall and fix
the responsibility for the legislative pay
ments, except that he intends to strike at
the trustees against whom he has evidence
without fear or favor.
What course he will pursue in putting
the evidence in his possession before the
public will be determined at conferences
which he will hold to-day with friends in
this city. Some Of his friends are urging
him to keep his ammunition for use in
defending the suit against him, but HAmil-
ton is anxious to strike while things are
hot. and 1t is doubtful whether he will yield
to the arguments for delay.
One OF the first things which Hamilton
will disclose will be the inside facts in re-
gard to that payment OF $2s5 900 to him on
the home ofice annex account. This is
the payment which John A. Mccall refunded
to the company, being obliged, In order to
raise the cash, to sell his summer home at
Long Branch and to turn in his life insurance
policies at a sacrifice.
Hamilton's friends said yesterday that
he will show that this payment was made
by direction of men high up In the New
York Life, " who were thoroughly oognizant
OF the use TO which 1t was to be put. Hamil-
ton will declare, it 10 said, that John A.
Mccall was no more liable for this money
than any other of the mon who directed
the payment and who allowed Mr.. Mccall
to shoulder the entire responsibility for it,
Hawthorne friends say that II Mr. McCalls
heirs do not take some action to recover
this money he will.
Hamilton's friends said yesterday that
Cornelius N. Bliss must be mistaken when
he says that he never signed a voucher
for $75, 600 paid by Hamilton to him for the
Republican national committee. They de-
clare that a voucher for such a payment
in 1890 is IN existence and that the Judge
stands ready to produce 1t IL necessary.
Whether this payment Is in addition to
the one disclosed by the Armstrong COM
mittee as having been made In 1890 was not
learned definitely yesterday but Hamilton's
friends were inclined to believe that IL was.
The contribution uncovered by the Arm
strong committee for that year was for
$50, 900. No entry was ever found regard
ing it on the New York LIES books and
the officers Of the company testified that
they oouldn't tell how it had been made.
With the $75, 700 added to the 31ts, 900
disclosed by the Armstrong committee the
total contributed by the New York Life
to the Republican national committee
would be $223 900. Hamilton's friends say
that it was to this $4,000 that Hamilton
referred when he said on Sunday that the
trustees who are thinking Of repaying the
si4s,oOo would have to dig down deeper
into their pockets.
Judge Hamilton will probably have a
talk with District Attorney Jerome, 1t is
understood that Mr.. Hamilton has notified
A. Io.orea that ho In roadv IN ramona