The sun., 1908-04-30
THOS.A METYRTCOM BACK
~ IN A SANITARIUM HERE,
TIRED BY HIS JOURNEY.

To-day IL the Day Set for the Inquiry Into
the whereabouts Of the Assets Of the
Firm and Its Customers, but uuSa'
tlOn May Delay That PrOceedlnS'
Thomas A. Mcintyre arrived In the city
last night from his country place at onSloW'
n. G., and was 90 much iahgued by the
trip that be was taken at once TO private
sanitarium. He was seen by his lawyer
. Maurice LEON, shortly afterward, and MIR.
Leon gave out this statement late last night
Il saw Mr.. Thomas A. MoIntyre tonight
shortly after his arrival from the South,
Although worn out he undertook the jour
ney back in order to be where he might
help in clearing up his firms affairs. The
fatigue Of the trip, however, has aggravated
his condition, but he hopes that within a
week he will DO able TO take up his task
Mr.. Mcintyre Is in a private sanitarium'
No good purpose would be achieved by
making his location public and Mr.. Mcln-
tyre certainly should have quiet at this
time. OF course his address will be given
by me to whoever has a right to obtain It.
II Mr.. Mcintyre is so Ill the chances are
that he will not appear to-day for e1amina-
ton before United States Commissioner
Gilohrist and possibly the examination
will be adjourned on account OF litigation
between the two receivers Of his broker
age firm. There are In prospect also pro-
ceedings on the part Of two OF the partners
James 4. HulshiSer and James NJ. Hudson,
which may cause an adjournment.
Before Judge Housh In the United States
District Court yesterday Attorney Irving
l.. Ernst representing Receiver Birmingham
asked for the discharge Of Receiver Peck
on the grounds that MIR. Peck had an open
account with the firm and was on terms
of close business relationship with one
Of the partners. The motion was opposed
by wellman, Couch 4 Smyth, who argued
that Mr.. Birmingham should have the assiS-
lance Of a man familiar with the business
Judge Hough will announce his decision
on Monday,
In the course Of the argument there
came out for the first time the distinction
between the Mcintyre firm Of seven part
ners and the Mcintyre firm of five partners
and the bearing this distinction may have
on the claims Of creditors Incorporation
papers we're laid before Judge Hough
showing that each firm was organized
May /, 1907 Each had the same five names.
but in the firm Of seven partners James
f. Hulshizer Of Bernardsville and James
NJ. Hudson Of Boston we're members 1t
was the business Of the seven TO take charge
Of the business Of the branches in New
England and in Newark The five trans
acted the rest Of the business. including
tie execution OF orders from the seven.
The assignment was made by the i've
On the act OF insolvency shown in the as
signment receivers in bankruptcy we're
appointed for the firm with seven members
On that account Wellman, Couch d Smyth
want Mr.. Birmingham removed as receiver
and new proceedings instituted for the
firm with Ave members.
A more important phase Of the contention
from the standpoint Of creditors is that
Mr.. Hulshizer-has money. He has retained
Sullivan 4 Cromwell to demonstrate that
he is not responsible for the liabilities OF
the firm with FIVE members, which was the
main firm and conducted all the financial
operations. Mr.. Hudson disclaims liability
for the same reason.
Subpenas TO appear for examination
to-day we're served yesterday on George
C. Ryan, Edward r. White and James f.
Hulshlzer Receiver Birmingham received
Si2 900 from the Consolidated National
Bank as equity in a called loan Of oOOOO
He also secured from the firms box in the
Stock Exchange vaults about $4,000 in
securities that had been transferred and
deposited for the firm. A little more prop
erty was obtained in the seizure Of one OF
T. A. McInaVre's automobiles which was
found in a garage. The other automobile
had not been seen since Thursday evening.
Judge Holt has authorized Receiver
Birmingham to pay the salaries Of em-
ployees for the week ended April rs, but
not more than $50 to any one person.