The news-democrat. (Providence, R.I.) 1906-1909, 1906-10-25
NEW YORK LIFE
MANAGERS DEFY
COURT ORDER

New York. oct. @.-Treasurer Ed
mund ID. Randolph and Vice President
Thomas A. Buckner Of the New York
Life Insurance company were summoned
before a referee last night for an exam
ination concerning matters involved In
the suit Instituted against the company
by stephen Farrelly, general manager OF
the American News company.
However. upon the advice OF counsel,
who insisted that the proposed examina-
ton would be prejudicisl TO the defend
ants I'm the case 10 be heard Friday, both
officials refused 10 be sworn. After some
argument IL was agreed that the hearing
should 40 over until today, when both
parties will appear before Justice Nash
for an opinion as 10 the right OF the wit
nesses TO refuse TO testify before a ref
cree.
Yesterday Farrelly secured a supreme
court order requiring the New York Life
and its directors 10 show cause on Fri
day next why an injunction should not
be granted 10 restrain the defendants
from carrying on their campaign for the
election OF the administration ticket"
at the expense OF the policy holders.
Today counsel for Farrelly attempted
uilHuttesSiullN 10 gam certain lnIOTInd-
tion from Randolph and Buckner Late
in the day Attorney Abraham Benedict
appeared before Justice Nash In the SUI
preme court and, reciting how his efforts
10 secure Information material 10 Far
relly's suit had been ignored by the two
Insurance officials, secured the appoint
ment OF Russell L. Tarbox as referee to
hear the desired testimony and sum
monses for the appearance forthwith of
RannOlph RtCknar hsf he
Armed with the court order. Benedict
hurried 10 the New York Life Offices
where he claimed he was prevented from
making service on Randolph and Buckner
by Attorney James n. Mcintosh OF the
companys counsel. He then appealed 10
the sheriff's office and, accompanied by
deputy sheriff finally served the pa
pers. Mcintosh then telephoned Referee
Tarbox asking for a delay, but this was
refused II was evening when. accom-
panied by counsel, Randolph and Buckner
went TO the office OF Sullivan tS Crom-
well. where Tarbox awaited them
At the outset William Nelson Cromwell
on behalf or the witnesses objected 10 |
their being sworn. Benedict insisted that
they be Immediately sworn and formally |
protested against the presence OF Crom- |
well. He argued that the defendants had
no legal right 10 appear with counsel. |
Mr.. Cromwell based his objections to the
two men being sworn upon the state |
ment that what they said before the ref |
cree would be used 10 influence the case
OF Farrelly against the New York Life
Insurance company In court Friday. Mr..
Benedict replied that IL was simply the
desire OF the policyholders TO obtain in
for use on the trial OF the case
which could not be construed as I'm any
way prejudicial 10 the defendant com
pany. Referee Tarbox sustained the OBJ
lection OF Benedict. and Cromwell sat |
down after advising his clients 10 refuse /
to be sworn and TO answer no questions |
put 10 them. II was finally agreed that
both parties should appear before the /
referee tomorrow and go directly 10 court, |
whore the question OF the right OF the |
defendants TO refuse to answer questions
will be argued before Judge Nash.