The Birmingham age-herald., 1906-03-23
Is Reply to HamiIt0nS Refusal
 to Testify
WHERE DID THE MONEY 60?
Fowler Committee Believed That He Was the Only Man Who Could Answer Certain Import
 ant Questions.

New York. March 22.-A reply to An- drew Hamilton's letter refusing to appear before the Fowler investigation commit tee of the New York Life Insurance com pany was given out tonight by Clarence H. Mackay, acting chairman of the com mttee. The letter which Is addressed to Mir. Hamilton at Albany. quotes in full certain messages and cablegrams passing between Hamilton and the committee, this correspondence indicating the com mittee members declare. their desire 10 secure an accounting of the large sums of the company's money placed in the hands of the legislative agent.
 In the letter Mir Hamilton declares that | at the first meeting of the committee after his return to this country a regis tered letter was sent to him stating that an action in court for an accounting of the eompanys funds had been authorized. and that under these circumstances the committee would not ask him to appear before It. But if he desired to be heard the committee would be glad to fix time to suit his convenience. The letter to MT. Hamilton then proceeds
 Waited a Long Time.
 At the same time the committee re- quested counsel In charge of the action directed to be brought against you by the board of trustees to defer the services of the papers until you had reasonable opportunity to reply to this invitation. Having waited until Monday the 18th of March without hearing from you, 1t withdrew the request. It must be said that yeir previous action did not e1.- courage the committee in tho hope that yon world avail yourself of the pppor- tunlty 10 appear before fl.
 "The committee. as you will recall, had endeavored in vain before this to secure through your attendance information you alone can give of the disposition Of the
 large sums of the company's money placed in your hands"
 The letter then quotes cablegrams dated in January, showing it's efforts 10 get into communication with MT. Hamilton. A reply from Mir Hamilton to the com mttee's representative in Paris Is given, in which the writer says he must again assure the board of trustees of the eom- | fRf1i7 be attend their sessions. but that [ cannot because of my nervous derange- ment comply with their peremptory de- mand to return at once"
 The letter continues:
 Wanted Accounting of Money.
 "The committee desired your presence because 1t was charged with the duty of | had received but what you had done with them. That duty was imposed upon it by the mandate of the Armstrong com mittee The main question before the committee as 10 your matters was what had you done with the eompany's moneys amounting to about sl30OOOO. which in one way or another had come into your hands during the past ten years. You alone could tell Us as 10 the great bulk of them. Something over SO00oo appears from your vouchers to have been paid to you l for legal services. Your receipts for the l $500 000 or thereabouts. received for what has been called your legislative bureau. | were simply receipts in the ordinary form. | and throw no light on what you had done | with the money. They did not show nor did any records or books of the com
 
 | secret service bureau, or sthat you were | engaged in any such work The vouchers | you signed for the various sums aggre- | gating S235, GOO. which Mir Mccall repaid | because you did not, read that you were l to account for them. At that time you | were acting in a legal capacity for the | company in connection with It's real es- | tate purchases. and mortgage loans. | There was no reason for any one on the | auditing committee to suspect that you l would not account in accordance with the | terms of the vouchers. though you have not done so."
 After referring to others of the Hamli- ton transactions disclosed in the insur- ance investigation. the letter concludes:
 Would Have Shielded No One.
 "These facts make clear the reason | why the committee desired from you the information you could furnish as to the use and disposition of these large sums. | and if they had been used by you for improper purposes, there would have been no shielding by this committee of any | officer or trusted who had approved such payments.
 Your statement that any documents in the company's official files which have been brought to the attention of the | committee, or any official action spread | upon the records of the proceedings of this committee. or any correspondence | to which 1t has had access has been ig- nored by 1t to give false color to any of your transactions, or to make unwar- ranted accusations against you is abso- lutely without the slightest foundation. '' Clarence II. Mackay, as acting chair man, signs the letter
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