New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-13
KELSEY HEARING ENDS.
JUDGE HATCH SUMS UP.
Urges AcquittaI of Man Who did
No Wr0ng.
~ Te,sgraph . The Trlbuns. ]

Mr. Hatch his voice trembling with emotion
urged the acquittal of this man. who has done
no wrong this whose integrity the Gov
ernor who demands his removal has not chal-
Ienged" The throng filling the Senate chamber
to see the end Of this trial listened intentIy
the lawyer poured out fervid appeals to the SYM
psthv of Mr. Kelseys friends. OF defence. OF
argument there was little other than brief re-
iteration Of the points of the voluminous testi-
mony The lawyers whole summing up hinged
on his plea 70 his auditors.
"Once there was man." he said "a man OF
power; his name was Pontius PLATE. PLATE led
out Jesus Christ before the multitude. find no
fault with this man. he said There is no
wrong in him. and that multitude answered and
cried Cruelty him! Cruelty him. You have
before you trial to-day a man Of whom it
has been said Here is a man who has done no
wrong Here is man. there is no wrong I'm
him. Are you going to cry. Cruelty him. Cru
city him'?" Pointing a finger at the committee
Mr. Hatch Numbered, "If you do say to you,
beware the consequences. RetrIbution will come
TO you from the public. I say. beware"
On Wednesday the Senate Judiciary Commit
tee will meet to consider the evidence. They
will then report to the Senate. with some recon-
mendatiqn, After their report to the Senate
vote will be taken which will finally decide the
fate OF Superintendent Kelsey.
Judge Hatch began his summing up by declar-
ing that he had had time to make ample
preparation for it. but that counsel for the Su-
perintendent based their reliance the evidence
IN the case and not upon any argument that
counsel might make
1.-THE evidence is so overwhelmingly In favor OF
our client that It alone will convince you that
Mr. Kelsey has discharged his duty to the letter
and more than fulfilled every requirement placed
on him." ne said.
Taking up the Governors message request
ing the removal OF the Superintendent. Judge
Hatch declared that there We're no specific
charges against Superintendent Kesey-in fact.
that the charges were so general that it had
| been hard for him to find Just what they were
10 refute them. His general argument that.
according 10 all presidents Of civil law with
Governor Hughes rested the. burden Of proof.
and until he had made and proved actual
charges Of grave enough character the Super
intendent should not be removed.
He maintained that 1t was apparent to any
fair minded man that the Governor in asking
for tho removal OF Superintendent Kelsey acted
on a mistake in fact or on false information
Judge Hatch said that the Governor in his
message TO the Senate had mentioned only life
insurance companies, leaving out fire and fra
ternal companies. which, he said. constituted
the greater part OF the business OF the Insur-
ance Department He advanced this as an ar
gument 10 uphold his contention that the Gov
ernor lacked knowledge OF the amount and eff
| cheney OF the work done in the department and
at the same time did not do the Superintendent
| Justice.
| BELIEVES RECOMMENDATION HONEST.
Il do not impugn Governor Hughess integ
| rity,' he explained. Il believe him to be hon
est in making this recommendation. But Gov
| errors are not infallibe. When they become
! Governors they do not the same time become
| possessed Of complete knowledge OF the way
| every state department ought to be admins
| tered"
Particular stress laid on Mr.. Kelsey's
handling OF the fire insurance situation after
| the San Francisco disaster had left that class
1 OF companies in a precarous position. What he
| termed the brilliantly successful way In which
that situation had been treated by the Super
| intendent he held was Of itself ample proof
that Mr.. Kelsey was official OF unusual abil-
| lty and initiative.
| MI Hatch devoted much Of his argument to
showing how Mr.. Kelsey had interpreted and
| administered the different sections of the Arm
! strong law. Section by section this law was
| taken up. and for each section Ny Hatch
/ brought forward incidents and examples TO sup
/ port his contention that Mr. Kelsey understood
it thoroughly and interpreted 1t correctly He
used argument 70 try TO show tho Superinte1d-
ents ability and wisdom in retaining Wander
peel and Hunter in office.
! Now" Numbered Mr.. Hatch In closing ..vo,,
I gentlemen Of this committee have the whole
1 case. The Governor had half the case You
| must decide IL fairly upon the evidence sub
| mitted. without regard TO anything else. II rests
| with you"
| Ohicers of fire insurance companies whose
| companies were seriously affected by the San
/ Francisco fire testified I'm favor of Mr. Kelsey
| In the morning They supported his contention
| that policy less conservative than that adopted
/ by him might have pTeclpitated disaster The
| evidence failed to show that Mr. KELSEY had Vet
made efforts 20 learn the exact financial condi-
| tion OF many OF the companies that as charged
| by Charles A. Moore and the Merchants Asso
| citation, were heavily involved.
| Speaking of VanderpOel, several ~ tI,o wifi
nesses testified that they furnished hin, with
| confidential information concerning their GU
and other companies that they would not have
given to any one else. and that they placed alb
Those who testified were George p sbeldo,
| president of the Phoenix Insurance Comnary
and the Eastern Union OF Insurance Companies:
| r. F. Beddall. president of the Queen Insurance
| Company Of America and general counsel g.
the United States for the Royal Insuro nee 60.
/ pany Of England; J. Montgomery Hsre % ~
Norwich Insurance Company, of England oDJ
| Harold Herrlck president of the NI9Cara Fi H
| Insurance Company. O
A part OF tho testimony presented this morn
| Ing in Mr.. kelsey's behalf was in the Co. ~
| q deposition signed by representati,,es -
| twenty-six fire insurance companies saj5 ~
| have total assets above S2OOO1lO O0O -aSa 60 20
especially TO the conditions followine the CIaIs
| iOrhia conhagration and closing as follows"
During the whole of this period the supsr,n.o,,
ent OF Insurance exhibited complete and cn ,IIsnu-
henstve grasp OF this grave and anxious
and have hesitancy in afirrnins rs sttuati9n
TO his sound Judgment tact and business Sc owing
extraordinary and most critical period was sog J
| passed and panic averted vas s"leiy
/ From our knowledge OF the conditions res,,,,,,o
from the San Francisco fire and orr IrnoIiins
/ Insurance