The Washington herald., 1906-11-10

New York. Nov. e-Lawyers William
Nelson Cromwell and Samuel Untermeyer
had it hot and heavy to-day IN the Su-
preme Court before Justice D0wling The
occasion was the hearing of a suit that
Stephen Farrelly brought to restrain the
New York Life Insurance Company. as
corporation, and twenty directors Of the
company, as individuals. from spending
policy holders money in campaigning for
the administration ticket of trustees.
Mr.. Cromwell, representing the company
and the trustees, made a sweeping denial
OF all Of Mr.. FarreIly's charges, and filed
over ninety afhdavits 20 support his
claims. Mr.. Untermeyer acted as counsel
for AIr. FaTrelly, who is a candidate for
trustee on the International Policy Hold
ers' Association ticket. Mr.. Untermeyer
is the general counsel for this associa-
tion, and the suit was really brought in
the interests of that organization.
Cromwell Charges Intimidation.
Sharp words were INDUCED in by the
two lawyers and several times Justice
DOwling had TO demonstrate with both
Mr.. Cromwell several times charged that
the action was brought to intimidate
policy holders in their vote. AR Inter
meyer for Mr. FarrelIy charged that the
circulars. envelopes and printed inclos-
ures together with the stamps TO be used
in returning which were sent 10 policy
holders. in order thar they might vote the
sample administration ballot and return
the same to the offices Of the company.
were all printed at the expense Of the
policy holders This was denied by Mr.
Cromwell
They were and we know IT," ex-
claimed Untermeyer. and If they were
not why don't some of your people swear
TO it2''
we printed the envelopes for your
committee" retorted Mr.. Cromwell
Have you paid for them2'
NOt when / last heard, put in john
H. Mcintosh. who is the solicitor for the
New York Life.
That's false and you know it. They
were paid for" shouted Mr. Untermeyer.
At this point Justice Bowling intimated
thar he had heard enough on this sub
ject.
Fears HIS own Defeat.
Later on Mr.. Cromwell, in speaking OF
the probable result Of the election Of
trustees in the company, turned TO Mr.
Untermeyer and said:
My friend is going down 70 defeat
and he knows II. and the election Of De
cem5er IS viii De an indictment Of him
self and associates"
Mr.. Cromwell repeatedly referred TO the
International Policy Holders Associa-
tons campaign as one Of sIander and vi
tuperatiou.
MI Cromwell, in conclusion. said that
he would like TO know who put up the
Sl"o.e0 that it has cost the International
Policy Holders Association 10 finance
campaign
Mr. Untermeyer stated that the asso-
citation was doing great philanthr0pic
work. He pointed ont that there were
governors of several States on the COM
mlttee and that they were all doing all
in their power 10 '-rout this gang" MIR
Intermeyer read the names of those on
the executive committee for the associa-
tion. When he came 10 the name Of
Judge Parker. EIr Cromwell asked
whether Judge Parker was policy hold
e. iu the company.
HE is not. but be is decent citizen.
trying 10 rout out this gang" said Mr.
GnteTmeyer.
When the-namc Of Congressman Nicho-
las Longworth was mentioned. Mr Cr0m-
vel again put the question about being
"a policy holder Mr Untermeyer replied
that the Congressman WAS not policy
holder bur a decent citizen. and added
'aud is not engaged in an attempt to
rob. but comes to kick out the men who
ought to De kicked out"
DenOunces Statements as Lies.
Mir Untermeyer read circulars which
he charged that the New York Life was
sending out TO policy holders. and de-
noUnced the statements in the circulars
as lies.
He declares that in the case before the
court the counsel for the defense had not
met the issues squarely. and added that
the committee represented by himself
was trying to get aa honest election, but
was opposed I'm every way in that at
tempt hy the present administration.
The hearing closed with an agreement
by both sides 90 submit briefs and afi-
daFlts- After considering these Justice
Dowliug VIII render his decision II is
thought il VIII bee several weeks before
the decision is reached.
Judge d. Cady Herrick made public to-
day letter he had received from Dis
trict Attorney Jerome in regard to the
criminal prosecution of certain officials
OF the Mutual Life Insurance COMPANY.
Judge HerricE advised the executive com
mittec of the Mutual Life Policy Holders
Association 10 lay before the district at
torney certain evidence they had from
dismissed agents that tended TO show that
the company had attempted TO coerce
agents into working in the interests Of
the administration ticket
Two afidavits from r. Reid Fell and
Edward o. Sutton, discharged agents,
were submitted 10 Mr. Jerome
The district attorney subsequently had
a conference with James McKeen, the
general counsel of the Mutual Later Mr..
jerome announced that he would not mix
up in the case until after the election
had closed in December, saying that he
did not want to be made a party TO or
have his office used in a faCtional fight