The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-28
new DEMANDS ON MINTYUE
STOCK ENTRUSTED TO FIRM
SAID TO BE MISSING.
Receiver Attorney Threatens TO ASK
Federal Court to summon the Part
ners to Explain Estimate Of the LA
bintles May he Prepared To-day.

In the absence Of all the partners in
the firm Of T. A. Mcintyre 4 Co. the re-
oeivers and their representatives we're
again at a loss yesterday TO answer ques-
tons propounded by customers OF the
firm. Some Of the questions may well be
considered embarrassing to the firm. These
we're couched in plain language and in q
few cases there we're added threats OF
resort TO the District Attorney II no satis-
factory answer were Forthcoming. All OF
them concerned the whereabouts Of stocks
which, these customers asserted, had been
bought and paid for in full and were held
by the firm in a capacity similar to that OF
a trustee.
Irving L. Ernst, attorney for one Of the
receivers, said last night that he proposed
10 90 before the United States District
Court to-day and apply for an order com-
polling the attendance and examination Of
all the members Of the firm. Since the time
Of the failure only one Of the seven partners,
George c. Ryan Of Syracuse, has been in
the firms offices or in consultation with
the receivers. None Of them has volun-
teered information, with the exception OF
Mr., Ryan, and it is considered necessary
for the receivers TO discover the where
abouts Of the securities alleged to be miss
ing. The order will be requested on a
section Of the bankruptcy law which a n
not be evaded II the witness is in the United
States.
A cable was received yesterday from
one man who asserted that he had en-
trusted securities TO the firm simply for
the purpose Of transfer. Others appearing
personally or communicating by letter or
telegraph insisted that they had bought
and paid for stocks left in the firms pos
session simply as a matter OF custody
More than a hundred Of the customers. Mr..
Ernst said, had set up this claim and many
had made threats Of resort to the courts,
The amount Of securities thus claimed is
considerably in excess Of 100000.
1t is unlikely that any Of the creditors
will take action until the members OF
the firm are examined in regard to the
whereabouts Of the securities and the
responsibility for them. That at least
was the advice given by one OF the at
torneys yesterday and it is considered likely
that il will be followed. The creditors, 1t
is thought, realized that an examination OF
the partners might disclose conditions that
would set at rest all rumors.
Expert accountants we're at work on the
books Of the firm all day yesterday, but
at the close Of the day their work was not
sufficiently advanced to warrant any fur
Their statement Of the firms condition 1t
il probable that q balance sheet may be
struck to-day and that a fairly complete
estimate Of the liabilities and assets may
then be made. An absolutely correct
estimate is considered impossible for the
reason that the number Of new claims
presented yesterday makes it improbable
that all will be filed by the close of business
to-day.
No word was heard from Thomas A,
Mcintyre yesterday, but his attorney,
Maurice Leon, said that he was in Onslow,
n. C., in charge Of a trained nurse and a
victim Of physical and nervous prostration.
So shattered was his condition, Mr.. Leon
said, that he did not realize the state OF
his business. Mr.. Leon insisted that Mr.,
Mcintyre was absolutely fair in all his
dealings, but said that grief over the death
Of his wife and worry over the troubles he
had with her sons and daughters had
changed his whole Of life.
"He lost his grip on business Affairs
Mr.. Leon added. "and fell i'll. Since then
he went from bad to worse until the end
came last Friday.
when Mr.. Mcintyre married his second
wife, Mrs. Mitchell. in 1903 Mr.. Leon con-
tinued, 'her personal estate consisted Of
certain stock in a newspaper called Hard
rare, which was run by Archibald P, Mitchell,
her son, who later committed suicide;
equity in a house in West Seventy-seoond
street, which when sold later proved to
be worth IS, 100, and jewelry worth about
5000. After their marriage Mr.. Mcintyre
gave her Considerable jewelry Under
the terms Of her will, drawn in September,
1905, a year before her death, she gave
her daughter, Lucie Mitchell, all the jewelry
except such articles as were given to her
by her husband. All the rest her husband
was to keep. When his wife died Mr.,
Mcintyre was completely Frustrated.
Miss Lucie Mitchell married Herbert
Barnum Seeley when she was II years old,
and when she came Of age divorced him,
Mcintyre turned over to her the property
which before that he had transferred in his
name in order 10 keep II from her husband.
The property was worth 8 1900 after several
mortgages on il had been paid, After her
divorce Mrs. Seeley went TO live with her
stepfather, and she drew On him for large
amounts. He always responded literally
and she became indebted 70 him for more
than s25 1000. In February. 1907. after she
had eft his house. Mr.. Mcintyre sued her
10 recover s25, 900 with interest. She put
in a counterclam saying that Mr.. Mcintyre
had agreed TO settle on her 81 100 over all
indebtedness. In 1905 she married Arnold
Lawson. son Of Thomas W Lawson OF
Boston
Parker a Aaron. counsel for Mrs. Law
son, announced yesterday that they would
at once file an objection TO the bill Of par
ticulars which Mcintyre, as executor Of
his wife's estate, had filed with the Surro-
gates Court.
Mrs. lawson had already brought suit
against Mcintyre for an accounting OF
her mothers estate, and Mcintyre about a
month ago filed an accounting which, &C.
oordIng to Mrs. Lawsons attorneys, fails
to satisfy their client, According to the bill
Of particulars filed by Mcintyre the miss
ing jewelry Is valued at $500. all Of which
was given to his wife by himself except
$3.50 worth. Mr.. Mcintyre says that the
jewelry was stolen from his apartments in