New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-20
WILL SUE M'CURDYS.
FRUIT OF FISH DEMAND.
Dir. Peabody Says Mutual Commit
tee Got Al 1t Wanted."

CharleS "A. PEABODY, president or the Mutual
Life Insurance Company. and Frederic Crom-
we'll. the treasurer. yesterday started the suits
that Stuyvesant Fish had demanded
Mr.. Peabody announced that suits had been
begun by the Mutual against Richard A. Nc
Curdy. ex-presldent Of the Mutual: Robert III.
McCurdy, his son, formerly general manager of
the company. and the firm OF Charles Fl Ray
mond & Co. including Louis G. Thebaud. the
son-in-law of Richard A. 'McCurdy, for
counting and for the return of the alleged ex-
cessive commissions paid them for writing In
surance and for the return Of the alleged ex-
cessive salaries and moneys contributed to cam
paign funds. Mr.. Peabody said that the Nc
Curdys would be defended by De Lancey NicoIl
and Raymond & Co. by John s Wise.
When he made this announcement Mr.. Pea
body spoke of Mr. Fish "a little boy and
marked on his Spectacular resignation for ef-
feet" while Mr.. Cromwell said that Mr. Fish
found himself alone In his position OF antagon-
ism to the Mutual trustees and officials. and ad-
ded that "a man who focks by himself is not
likely to find himself IN a very pleasant posi-
tion" Mr.. Cromwell fastened to add IT don't
Of course. mean this threat against Mr..
Fish"
Mr.. Peabody said that he could not undertakes
to account for Mr.. Fish's actions. as that was
asking him to go too deep. 1t was evident that
Mr.. Peabody deeply resented the course taken
ports that IN reprisal for his demand for a real
cleaning out of the Mutual. Mr.. Fish would be
deposed from his position as president OF this
Illinois Central.
why should 7 know anything about thatrs
he asked In return
You still director of the Illinois CentsaIs
are you not?' he asked.
YES" he replied.
Gould anything be done before the annual
meeting In Octoberss" was asked
Mr.. Peabody laughed Mr. McCurdy was de-
posed from this company without any annual
meeting" he said.
Mr. Fish. on his part. feels that hard fight
IS being made against him IN his railroad con-
nections to "get even" with him for his life IN
surance course. A source close TO Mr.. Fish said
that there was doubt that the strongest ef-
forts were being made TO forme Mr.. Fish out
Of the Illinois Central
On the question being put, If the chances were
for against Mr. Fish, the reply was made
that Mr.. Hartman owned 20 per cent OF the
stock of the Illinois Central and a man who
controlled that amount Of stock had a powerful
influence In the affairs OF a railroad company
1t reported. however. that the situation
arising from the resignation of Mr. Fish from
the Mutual committee might bring on another
legislative investigation. 1t was said IN usually
we'll informed quarters that there would prob
ably be special investigation for the sole
benefit Of the Mutual Mr.. Peabody avowed
I ignorance of any such Intention at Albany
There was also report current that the
grand jury had found indictments against Ger
tain officers and other employees Of the Mutual
whose names have been especially prominent
in the life Insurance scandals. This report was
subsequently denied at the Criminal Courts
Building. and 1T may be said on the highest au-
thority that it is not likely that the present
grand jury Will be able TO reach the Mutual in
its Investigations.
District Attorney Jerome has not fully de-
cided yet whether to let the Mutual and New
York Life cases go before the March grand
Jury. In the regular course. or to have special
grand jury impanelled. There IS considerable
doubt whether It would be possible for grand
jury TO tndict Hamilton. Fields and some OF the
others, and whether contributing to campaign
funds is indictabls offence.
Several subpnnas were issued yesterday from
the District Attorneys office for men who are
understood TO know good deal about the at
fairs Of the big Insurance companies and tho
Mutual Reserve, especially the latter company.
Some OF the Mutual Reserve officials are to
testify before the grand Jury to-dey and others
will follow. Indictments expected to be
handed down shortly for various officials OF ths
company.
For two weeks Matthew C. Fleming who was
enc OF the chief assistants TO Mr.. Hughes IN the
Investigations Of the Armstrong committee. has
been going the records OF the inquiry with
q view to criminal prosecutions. and has aeen
in frequent consultation with Mr.. Jerome. He
submitted his report yesterday, and the work
before the jury Immediately laid aside to
take up the Insurance cases.
Assistant District Attorney Mott Is 20 have
charge Of tho investigation OF the Mutual Re-
serve. He said yesterday that that company
would be the first one taken up. and far as
he knew. it would be the only under the
probe at this time. officers Of the company are
to be summoned TO testify. he added. From
other sources IL learned that the Mutual
and the New-York Life would follow the Mutual
Reserve.
The selection OF successor TO Mr.. Fish on
the Mutual committee will be Left to Mr.. Trues-
dale and Mr.. Auchincloss. Mr.. Truesdale said
yesterday that they had not had time yet to get
together for this purpose 1t is understood that
James B. Dill. William G. Choate. Bainbridge
Colby and D. Cady Herrick. who recommended
the suits against the McCurdys. will be dropped
counsel TO the committee and John w
Grggs, ex-United States Attorney General and
now general counsel for the Lackawanna OF
which Mr.. Truesdale is president. will become
the counsel OF the committee. with John H.
Choate for advisory counsel
President Peabody gave out a statement in
reply TO the letters and various other exhibits
in the resignation of stuyvesant Fish from the
Mutuars self-investigation. He said
The letter from the Investigating COMMITTEES
demanding certain information from the presi-
dent of the company I'm regard to the marital
and other relations OF it's officers and employer
and their financial affairs while in the employ