The New York Herald Newspaper, November 21, 1878, Page 3

WALTON DWIGHT Tndignation at Binghamton Over the Suicide Rumors. INSURANCE ALARMS. His $256,000 in Life Policies Intended for Collateral Security. THE FAMILY EXPLANATION. —_——~+. Statements of Doctors Or- ton and Burr. WHAT THE COMPANIES SAY, [BY TELEGRAPH TO THE HERALD.) Brvauasrron, N. ¥., Nov. 20, 1878, The people of the beautiful and usually peaceable city of Binghamton were excited yesterday afternoon on the arrival of the New York morning papers with an wcount that Colonel Walton Dwight, after effecting ‘8n insurance on his life of over $250,000, had deliber- ately, and by a slow but sure process, put an end to bis life. In reference to this inference of sclf- destruction the HeRaup reporter found there w: only one expression of feeling, and that expression was one of indignation. Mr. Dwight was a public spirited man. He did more for the advancement of the interests of this city than any other wealthy man fa the community. ; ‘THEODORE M’DONALD’S STATEMENT. “Mr. Theodore F. McDonald, District Attorney for Broome county and brother-in-law of the late Mr. Dwight, esid to me this evening, “I have read the ar- ficle in Tuesday’s papers relating to Colonel Dwight’s death, and: it is written under a mistaken idea of the facta, The article is inaccurate in several important particulars, except the fact that the Colonel had a large insurance on his life and that he is dead; that, al- though Mr. Dwight was only forty years of age, he had acquired a large fortune. He was a bold, large minded, large hearted man, and what- ever ho did was done on a large acale. He purchased 4 large tract of land in this city, most of which was swampy and uninviting. He filled it in end graded that part of the city, built a magnia- tent block and some fifty dwelling houses containing til the modern improvements. This part of the city Was beantified and adorned by his great enterprise, tad was named Dwight place. The block was con- verted into a hotel, which was known throughout the country as the Dwight House. WASTING 4 FORTUNE, ‘The hotel was clegantly and elaborately furnished throughout at s cost of about $100,000, and was ran by the Colonel for somo time on a grand scale, but of course, at a large expense and very. grést loss. His losses in the hotel enterprise and the great de- préciation in value of his Property made him a poor fman again. In the days of his prosperity and the fliays of his fsilnre he carried life insurance to an snormous sum, to the amount of $100,000 sad $990,000, When adversity got the better of ‘him he “gould not carry his insurance, and took paid up poli- eles, “He went to Chicago, and again began to spect” late ond ‘regain his lost fortune, He returned here last summer, and obtained insurance again upon his fe to the amonnt of about $256,000, taking the sensi- Die position that it was more necessary to keep his Sepurance up than it was when he was in better ciroum- boa He was thoroughly examined ‘by the physi- ” hors and was also examined/at the ‘home offices of some of the companies in New York before insur. ing. COLONEL DWIGHT’S ILLNESS, About six weeks ago he was obliged to go to New York on important business. He was not feeling well when ho left and when he returned he acenied to grow worse, The doctors Burr attended him and pro- nounced his disease gastric fever, of malarial origin. Be had been confined to his room and bed about three weeks whén he was seized with s cbill and sinking spell, which very much alarmed his friends. His sickness and condition very naturally caused uneasi- ness on the part of the insurance companies having policies upon his life. Dr. Orton was called, and, after a thorongh and careful examination of the ps- Hient, agreed with the doctors Burr as to the mature of tho disease. The insurance com- panies sent Dr. Porter, of Albany, here, and he also made s thorough and critical examination of the case, and the opinion of the eminent physician ‘was added to that of the three of our ablest physicians that the disease was gastric fever. While the Colonel ‘was thus prostrated with this fever a certain attorney ‘was employed by an insurance conrpany having a minal] policy upon bis life to tender back the premium 8nd demand the policy. Owing to the remarks and insinuations made by this attorney when hie tender was refused the Colonel afterward emphatically re- quested his friends that, in case he should not re- cover, to have a most thorough and scrutinizing au- topsy made. THE DEATH AND AUTOPSY. After weeks of sickness and confinement to his bea he died on Friday night. On the following morning the friends of the deceased, in pursuance of his re“ quest, fixed on the time of @he autopsy as nine o'clock 4. M..on Monday, and notified the insurance com- pantes interested to be present. The post-mortem was conducted by Dr. Delafield, the distinguished pathologist of New York city, in the presence of four- teen’ other physicians from New York, Albany and other cities, and was as thorongh and exhaustive as Poesible. The report of this autopsy, made at the re- quest of the friends of the déceased, but not made in their interest, confirms the diagnosis of the attending physicians. As forthe charge made by inference, or assertion, that Colonel Dwight in any way did sny- thing to kill himeelf or hasten hie death is concerned, It is looked upon by relatives and this whole commu- nity as unjust, cruel and withont the slightest foun- dation in truth, DR. ORTON’ EXAMINATIONS. Dr. J.G. Orton, one of Colonel Dwight’s medical advisers, ssid :—‘I have known Colonel Walton Dwight for many years, and have been his mevical adviser, Iregarded him & good specimen of & well devel- oped snd healthy man. As a medical examiner for several life insurance companies I had occasion to give him critical examination in 1874, and again dar. Ing the past months of Angust and September of this - year. Tfound him in evory respect a sound man, and Gb to the risk Icould fully advise the companies. It iso matter of natural gratification to me that my ‘conclusion has been signally vindicated by a most thorough antopey, conducted by Dr. Francis Dela- Geld, the accomplished pathologist of New York city, In the presence of some fifteen medical men, all of whom signed the report indorsing the conclusions, I wae called upon to attend upon Colonel Dwight dur- Ing his last sickness, in consultation with ono of the Aoctors—Burr, of this city—on Novembor 2. He had eon ill some threo weeks at that time, He was saffering from malarial chills, with considerable gutric disturbance. At the date of my first visit he bad apparently barely escaped death from a conges- tive chill, accompanied by great prostration. He hed beon able to retain but little food or medicine. As Is Asal and propor in such cases quinine had been given him, but bis stomach would not retain it. In consulta tion we concluded to resort to the use of the Fowler solation of arsénic, which has long been recognized by the profession as a proper and often efficacious temedy in thie divease, This he retained and we had strong hopes for the recovery of our patient, His chills had assumed the periodic type, coming on once in seven days. On the 9th inst. he had only a comparatively slight attack. At five o'clock on the evening of tho 15th inst. I saw him, I found him quite comfortable, and at five o'clock P.M. on the 16th I found him quite comfortable, but he was foar- ing an attack the next day. Ie died that evening, 1 understand, at half-past eleven o'clock, evidently ins _ Cungenttye obill, ‘Lhe eatopey revested » condition of, NEW YORK HERALD, THURSDAY, NOVEMBER 21, 1878.-TRIPLE SHEET. the various organs entirely in keeping with the symptoms manifested during his sickness end fully contradicting the groundless rumors of previous disease or suicidal attem pts,” STATEMENT OF DR. BURR, ATTENDIFG PHYSICIAN, Dr. George Burr, who wes associated with Dr. Or- ton in this case, said that Colonel Dwight called at his office on Friday, October 11, complaining of indispo- sition and pain. He said that on the Monday previ- ous be was suddenly taken ill while at Windsor, in this county, where his family then were, and where he had been spending three weeks in hunting and fishing. On Sunday, the 13th, the Colonel took to his bed, and the doctor was sent for and visited him that day, and continued attending upon him until his death, 7 The case as it developed proved to be, in the doctor's estimation, fever induced by previous malw influ- ences, accompanied by severe congestive chills, on the occasion of One of which the patient suddenly died, about midnight, between the 15th and 16th of Novem- ber, tive weeks and four days from the time he was first taken, This is all the information the doctor could furnish, aa he did not feel at liberty to breal upon the seclu. sion of thesick room, Thestory of his having habitu- ally exposed himself in such # manner that would im- pair his health was also explicitly denied. WHY DWIGHT WENT HUNTING AND FISHING, The Susquehanna River is nothing more than a creek at the place where it is said he swam across four times. As for his fishing and hunting, he took that | recreation with the idea of improving his condition rather than making it worse. All the testimony goes to show that he took out these life policies with the idea of using them as collateral security, Even the agents in this city who placed some of the risks, when visited by the Henaup reporter, said that they wero perfectly satisfied that the Colonel wafall right when he was insured, and one New York company had tel- egraphed to their agent to settle in full. THE SUICIDE THEORY COMDATED. “It is an outrage,” said one gentleman, who was not only a friend of the: family, but who will bere- after Joom up as an important personage in the event of protracted litigation, “to say that he had these risks placed on his ‘life with the idea that he would commit suicide slowly and deliberately. It is true,’ said this gentleman, “that Dwight had over $250,000 insurance on his life, but it was all legitimate. The fact of the matter is that the Colonel has always car- ried a large amount. Sefore his failure in business it was just as large as it was when he died. He & peculiar man, erratic perhaps, but his ideas in re: gard to public improvements*were always based on the solid foundation of sense, One of the peculiar phases in this case ia that the day he died he was dieeherged from bankruptcy by order of the Conrt.”” CREATION OF DWIGHTVILLE. Dwightville, acharming suburban town on the outer, side of the Chenango River from Binghamton, was vis- ited by the Henan reporter. Dwight’s Block, which has a reputation all over the country, is a connected col- lection of cottages not unlike the Fort William Henry Hotel at Lake George. This suburban village, Dwightville, was probably the primal cause of this great speculative tinancier's ruin. Ia driving through the streets, lined on either side by rows of beautiful villas or cottages, it was apparent that a master mind had planned the scheme. “He was in advance of his age,” said tho driver; “ho was a good man to the poor, # great man for the city, and # bad man for himself.” RESPRCTRD BY ALL. Lateromthe Hzraxp reporter talked with e gentle- man who was not only acquainted with Mr. Dwight personally, but was also his personal friend. Said he:—What! Do they mean to say that the Colonel deliberately caused his own death? The fact is, that while there was a large insurance on his life, the poli- cies were rot written in favor of his wife or child. They were taken out in his own name, so that he could assign them as collateral security. He was abont to embark in an enterprise in- which he had tho most implicit confidence of success. He was not only in better health than he had been in along time, but was very sanguine as to his buai- ness prospects in the future, Just go over to the Spaulding House, where he lived, died and ‘was buried from. The people tell you what truth there ie in the ecle-smirder. It was a funeral such as this city has never witnessed. Not only the well-to-do and aristocratic people, but the barefooted and outcast followed his remains, for ho’ was essentially a man of the people, He made Binghamton Valley, and there is nothing that can be said against him except, perhaps, that he failed Ginancially; but he never did a wrong turn to s poor man.” HOW COLONEL DWIGHT SECURED A QUARTER OF A MILLION ON HIS LIFE—INTERVIEWS. WITH LEADING OFFICERS OF THE ALLEGED VICTIMIZED INSTITUTIONS—DR. DELAFIELD'S | REPORT. ‘The sudden death of Colonel Dwight, and the amount of life insurance secured by him during the past three months, continued yesterday to be the great topic of conversation and consultation in in- surance circles of this city. At several of the leading offices directors and stockholders, not generally posted as to the manner in which the business iu- trusted to the managers is conducted, were scen hurrying to and fro, anxious to hear, if possible, any later particulars in regard to this remarkable insur- ance case, and to concert measures that would ob- viate the necessity of paying the large amounts in- sured for by the deceased for the benefit of his wife and child. A reporter of the Hznatp had interviews with officers of most of the tompanies in which the insurance was secured, which are given in substance below:— Mr. Alexander, vice president of the Equitable Life, which had issued policies to the extant of $50,000 (not $40,000, as erroneously reported) to the late Colonel Dwight, ssid in reply to the reporter's inquiries:— “Mr. Dwight applied to us for insurance, throngh our agent at Syracuse, Mr. True, about'three months ago. He had been insured with us for $10,000 before and he wanted more. We investigated Colonel Dwight's application, but we found nothing to excite our suspicion. Itis true wo knew that he waa in financial dificultiés, but we also knew that he was @ man who at all times operated on a large scale. Ho applied to us for $4,000 more than he had already,. making $50,000 in all, and after investigating matters properly We inéitéd him for the additional sum. He cane downy to this office to see us. We were very much pleased, not only with his appearance, but alao with his conversation. He was thoronghly examined by ovrown physicians, His premiums were arranged quarterly, and so pail. We were greatly surprined to hear of his den death, and it was not long after when we were notified by other companies that they suspected fraud. STRUOGLEA OF RXVERTS. “West once emt to Binghainton the pathological expert, Dr. Francis Delafield, When he arrived there he found fifteen physicians = from varions towns in the United States where the deceased had effected life insurance. This was two days after Dwight’s death, and the other physicians, upon secing Dr. Delafield among them, resolved to piace the case in his hands. Now T want you to understand that we sent Dr. Delafield there not to make up ® case purposely; for if it is an honest case, without any action being apparent on the of the deceased to defrand the insurance cont- , we are bound and willing to pay the amount his heirs; but if the contrary in the vase, and if, nypon close medical and judicial investigation, it shall become as plain as noonday that fraud was intended, we must act in justice to our other policy holders. It will take very few days to determine w our line of action in this matter, Dr. Delafield has bronght Dwight’s stomach from Binghaniton, and he is now engaged in making the necessary analysis. If tho Doctor should report ‘no poison in the stomach,’ then there is yet room for « fair explanation as to Colonel Dwight’s queer death, and the insuranco companies, even then I think, would be justified in parsuing their inquiries.” A SUICIDE, CLAUS, ‘Have not the courts decided against yon in the matter of suicides?” the reporter vent to inter- rupt. “That is to ay,” continued Mr. Alexander, “where it could be proven that the person committing suicide was insane at the time of inflicting self-murder. In the light of these various decisions we havo since ban pay the phraseology of our contracts and have inserted in our policies a special clanse which acts as a bar to of suicide. Wo do not pretend to insure people who commit snicide, whether they are insane at the time or not. Mr, Wemple, vice president of the Manhattan Insur- ance Company, said:—Abont three months ago Colonel Dwight made application to this com. pany for ten-thousand-dollar policy, We knew that his mother had died of — consumption, and wrote one for him for $5,000 instead, Ho subsequently came to the city, visited us and Pet freely, and we gave him another $6,000, concealed, however, from wa the fact that he had, hemorrheges. He came bac fine looking man. We thought it a good risk, aud took him for $5,000 more, Subsequently cur t at Binghamton said that he wanted still $5,900, We granted that amount also, mating in all $20,000, Now, in the present aspect of the case, L consider that there has been on his part a plain violation of con- tract; for, in answer to the question whether he had ever any spitting of blood or aneurism since child- hood, he s#id **No,”” Mr. Wesendonck, of the Germania Insurance Com- | said his company wes involved to the extent of | 00, At firstapplication hud been made to the company by tlegraph from their local agent asking | for that amount upow the Colonel's lite, but it was | not granted, natil one day Mr, Dwight presented him- | self in the office and they were strick with his fine appearance, The very fact that he hed large policies | in other companies rather favored his case. There was no mistake about it, however, that the case was 2 | downright swindle, and he hoped for onee the press of New York would speak out plainly in behalf of in- stitntions wi iad been zie the butt of so many attacks and up the crimes commitied so fré- ust them. As to the fact that no trace of ‘on had thus far been found, that was no evidence at no suicide had been committed, A man of could, easily secure = ‘He was asecond time. INVIOLABILITY OF TELEGRAMS, MELTING OF THD NEW YORK STATE: BAT ASSOCTA- Arpany, Noy, 20, 1878. At a meeting of the Bar Association to-day, dudgo. | Platt Potter presided in the absonce of President Yor- | ter, A number of new members were added. The : treasurer, Mr. Hun, reported $3,07842 in the treasury x PAPERS READ, | ‘The remainder of the session was devoted to read- ing essays, as foliows;—‘Telegrams--Their Invic | bility Against Disclosure, Subpena and Search War- | rant,” by Grosvenor P. Lowery, of New York “Equalization of Representation in. the United States Senate,” by Eliott F. Shepard, of New York; “A Plea tor the Non-political Lawyer,” by Irving Browne, of Troy; “Taxation Should Be Confined to Real Estate,” by Hon. Jumes A, Briggs, of Brooklyn; “Some | Thoughts on Heury Wheaton and the Epoch to Whiel | He Belonged,” by George She, of New York, and | «“durixprudence a Political Economy,” by William M. | Joins, of New York. OFFICERS CHOSEN. At the afternoon session the folfowing officers were elected :~-President—Samuel Hand, Vico Presidents— First district, J. K. Porter, of New York; Second dis- trict, A. E. Suffern, of Haverstraw; ‘Third district, race TEN YEARS AGO AND NOW, An experienced insurance agent related yesterday in the prescuce of several gentlemen down town the folowing extraordinary incident in Colonel Dwight’s dealings with insurence companies:—"Abont ten years the general agent of a leading insurance compeny upon visiting several towns along the Erie roal stopped at Binghamton and stirred up the local sent for not doing more business, ‘Who ara your richest'men here?’ asked the agent. ‘Well, there is surance; Weeee rae age yenttt hy, 2 | John Gaul, of Hudson; Fourth district, Platt Potter, fly all’ they require," answered tho local, | of Schenectady; Fifth district, William G, Ruger, fhe two visited the Colonel end degen to | of syracuse; Sixth district, Horatio Ballard, of Cort- talk insurance to hin—nothing Jess than $100,000, ‘But that will cost me $5,000,’ said the Coionel, ‘Oh no,’ said the agent, ‘We can inanage it for $2,000 per annum,’ After long discussions pro and con the Colonel finally resolved to take gut that ainount of life insurance the first time he should visit Now York. The train he was to take, and which he missed, met with a dreadful accident at Carr's Rock, and many lives were lost, So exhilarated was the Colonel with his narrow escape that le gave up all idea of going to New York at the time and paid venth district, James I. Angle, of Roches- istrict, Sherman S, Rogers, of Buffalo. ‘etary—Marens 'T, Hun, Record- DeWitt, of Albany. TNVIOLAMILIZY OF TELEGRAMS, Mr, Lowery’s paper opened with a statement of the mestion whether correspondence by telegraph is en- Gtled to such immunity. trora forced. expowire aa is accorded to postal correspondenco ant communications. privileged Telegraph companies, to enbance no further attention to the insurance business, | Public confidence, to resist compulsory pro- Some time after the same New York agent, who then | duction of despatches. The writer quoted was acting in behalf of a Connecticut company, called | Judge, Cooley, of Michigan, in his work on “Constitutional Limitations,” favoring the ides that a4 the operator fulfils an important publie fune- tion, being the repository of facts by the necessities of Dusiness and not by the voluntary act of © spondents, public policy should forbid the e compelling bin to disclose then. Mz. Lowery the Honste ticbates of last your on the alleged ele frauds in Oregon, and continues :— “The courts of law have generally rejected the con- siderations above referred to as drawn from public upon Colonel Dwight to effect the insurance, which had, as he thought, come to naught. He urged a re- newel of negotiations, but the Colonel said, “Too late now, genticmen. I haye already effected insurances on my life for $110,000; this ‘will do for the present.” It was true, fais amount had been socnred, but as time passed on and the depression in real estate be- came more and more troublesome and interfered with the Colonel's income he became neglectful in the pay- ment of his premiums, and one after another the cites ction $110,000 policies—eecording to insurance parlance— | Policy or sentiment, and, declining to regard the were ‘dropped,’ ‘The Colonel subsequently became | BOVel.and special characteristics of the business as greatly embarrassed, but in some lumber speculations | introducing any valid new ground of judgment, have limited their inquiries to whether a telegram, as # means of evidence, ig distinguishable from other writings found in the possession of persons subject to the service of a subpena duces tecum; and it may now be considered as no longer open to question in the courts that a telegram which is otherwise coin- petent by the rules of evidence is liable, like other ‘writings, to discovery by lawful process in aid of a regular judicial inquiry. A QUESTION OF PROCEDURE. ‘The question, therefore, has changed from one of substance to one of preeiars, and is Hkely to be in all future cases, Whether the formalities which pro- tect private rights are properly observed in the method adopted to. discover the existence of telegrams or to bring them into court? A case of special interest in this view was United States va. Babcock, 3 Dillon, 568, in which the telegraph com- pany objected to the sweeping character of a subpens requiring them to search thoir files for dis- patches not shown by proof ever to have had enteréd into last pring hie again auade some money, and, it is stated, with these proceeds he paid the mejor part of the heavy premiums which during the past threa months secured to him the policies amounting to $265,000 that are to-day the source of so much ansiety on the part of numerous insurance companies.” DISSATISYIED WITH APPEARANCES. Mr. Brosnan, superintendent of the United States Companys said that Mr. Dwight was already insured in other companies when he applied to the United States, and that while they were satisfied with the examination made they wore at first reluctant to grant him a policy on account of the large amount already secured. They did, however, issue a policy to him in September, but afterward became dissatis- fied on account of what they heard of his health. It was reported to them that he had had hemorrhage, and they asked him if it was true. He wrote back that he had hed such a trouble many years ago, but that it was only temporary and had occurred when he was very young. The company, however, de- | existence. The petition was for a writ manding manied a retiirn of the policy, tendering him the | the company to .bring into court all copies o} amount of his premium, with interest. He had re- | telegrams reccived at certain offices by and from fused, and they Rad notified him that they would not | persons named, and without any sufficient state- hold themselves bound by the policy. ment that such messages had been sent. The ‘The experience of the Washington Life Insurance | company asked for the revocation of an order Company is said by its officers to be almost cxactly | already granted as being improvident, and because it simfler. He applied to this company, and on August | pat them to a speculative scarch for evidence to make 19 received a Dice for $10,000. One week after the | out the case of one of the parties. The Court, how- policy was issued the company learned that he had ever, found the petition’ without these allegations spit blood some years ago. They at. once sent an sufficient to put the company upon a search, eying. agent to him to demand the surrender of his policy | It is very casy for the company, if and to proffer a return of the premium. He pooh- | not in possession of the papers, to come poohed the idea of there being anything the matter | here and say, ‘We have no such papers” with him and refused to cancel the contract. The re- | It might 8 be thought not only thet this was a newal receipts which had been forwarded to the com- | be} question, whether it is easy, oes pennaty: wie goy ip reac and. the agent was instructed : or any repre- Reaper rma that might tenor the ples Sian jum company would not the im caso of his death. ‘Tho company,’ said tap eae tary, ‘‘tried to get out of this while Mr. Dwight was alive and were to fight the question with him instead of with his estate. We were unable to do this, however, and now we certainly don’t propose to pay unless we aro obliged to.” the secretary of the Brooklyn Life Insurance Com- . ssid Shab Ade oovmpenn fad been cauwere of ‘When he applied to them he had owly about , otherwiso.than by expending all the time labor requisite to auswer a good subpana, for a telegraph company to sey whefher among months, and perhaps years, of accumulated correspondence it possesses certain , but also a disregard of the question Tietied the pecty who bea another to ‘search’ gro! r believing 0 thing for May be found.” AMERICAN AND ENGLISH CASES, During the impeachment trial of President John- ‘#, & committee of the House son, Mr. Lowery bs itutives sought to supply itself with evi- dence by wholesale bothers g upon telegraph offices, reaint about $50,000, which waa not an unusual amount. Hebad denied | de neturally by the companies, The ever having had any disease except rheumatism | union of the telegraph und post office in England de- slightly. company had, however, learned that | stroys strict ilarity between cases arisin, he had spitting of blood and had decided not to | there and here, but some analogy remains, an renew at the time of the coming due of the second reminm, not expecting him to die in the meantime. he interest which the company had was very small, only $5,000, “NO FAITH IN LIFE INSURANCK.”” “T'll tell you another thing,” continued the secre- tary. “About a year ago we tridd to: insure Mr. Dwight. Ho had ao sniall ae up policy with ur, taken out some 'years-ago, We offered to take this aa cash at a liberal esti: on anew policy. He then refused, saying he had no faith in life insurance and that he believed the companics were run by dishonest men.” ‘The secretary of the Mutual Life said that Mr. Dwight had applied to his company for a policy for $30,000, but that the company had decided to issue one only for $10,000. This policy was made out and was to have been delivered to him, but in the meantime some cir- cumstances had come to the knowl of the com- pany about a former transaction of Mr. Dwight in re- lation to a bond and mortgage which was not considered exactly straight, and as it was con- trary to the conservative policy of the company to carry a policy on the life of aman whom they con- sidered in any degree suspicious the policy had been recalled and was never delivered to Mr. Dwight. Mr. George C. Ripley, president of the Home Lifo Insurance Company, said that he had issued a policy for $5,000 to Mr. Dwight on October 24, on as fine an application as the company had ever hed. In this ap- spar he had denied ever having had spitting of Mr. Lowery qnotes a remark of Baron Bramwell in | & recent contested election case, in which, after consultation with Judges Grove and Miller, he de- clined to order the production of messages, as he | said, “because I really think that for the public good there ought to.be no such power of compelling the | production of such documents. It is the consequence that persons who correspond by telegram are ob! to repose confidence in the crown, and I be- ‘lieve it will be for the public good if it is found that thet is confidence that the Crown canuot be compelled to violate; inconvenience might arise in many cases. It might arise in the case of a confidential communica- tion between attorney and client, or husband and wife; therefore we must look to the general princi- ple. Tatrongly ineline to the opinion that it is for the good of thecommunity that the necessary confi- dence of a sender of a telegram in the Post Office should not be violated. Mr. Lowery alludes at some length to the case of Mr. Barnes, telegraph manager at New Orleans, be- fore the House of Representatives in 1877. He refused to comply with the order to produce all campaign , citing a statute of Louisiana imposing & penalty of fine and imprisonment on any telegrapher who should reveal or use messages, He concludes :;— “After several days’ consideration of this answer, the Judiciary Committee of the House reported, neg- ativing all these grounds of protest and asserti: broadly an unlimited power in this House, through a committee or otherwise, to require Mr. Barnes to lood or any othemdisease mentioned in the long list, | search his tiles and produce their contents whenever excepting it he had had something like dyspepsia | required. ‘ in 1869, but nothing serious, and that he had been, out “The paper served upon Mr, Barnes was not recog- of sorts in Chicago last spring with rheumatism and | nizable by any lawyer as a subpcna duces tecum, some stomach trouble. Mr. Rij company would certainly invest case before paying it, but he thought it wor probably have to r. Grover, president of the Mutnal Benefit Life, said:—"This man applied to us and received his policy through our agent at Albany. He misrep?e- sented hie case in the ion he made to us, and we shall contest it on it ground, I will point you to a clause in our pamphlet which conclusively shuts ipley said that his | being, in fact, the mandate of the Speaker to the Ser- the geant-at-Arms, directing him to summon Mr. and make return of his action. Tho Judi Com- mittee thought, however, that as Mr. Barnes not know that it was not ssubpena until he was so ad- vised by counsel, it was # good enough subpens to justify committing to close custody for con- . Which was accordingly done. “It is doubt(ul whether every member of thatcom- mittee would not in a similar cage arising in his pri- | Bhe is not on outfraud. It says that any person who spits blood, | vate practice have felt justificd to quote the strong or haa a hemorrhage shall not receiye a icy. Now, | langnage of Lord Camden, in Entinck vs. Carrington, it can be shown that this man had spitting | that to ‘enter a man’s house by virtue of a name! blood months before he applied to us fora policy, | warrant, in order to procure evidence, 1# worse than and, therefore, made a false lieation.”” the Spanish ay ty under which no Eng- ‘8 Labman would like to live an hour.’ DR. DELAVIELD'S REPORT. Dr. Delafield delivered. his report of the history of Mr. Dwight's caac and of the autopsy to the officers of the Equitable Life Insurance Company yesterday morning, but they deemed it premature to make WITHOUT PROTECTION, “Thug it bs greed that telegrams, while in every Mate protec by penal statutes inet voluntary disclosure, are subject to the sume disclosure under known its contents, Mr. J. W. jer, vice presi- | judicial authority as other evidence, and are without dent of the company, seid that yps too much fuss | any protection against a search warrant in the form had been mace about the whole matter, although he | of the subpana duces tecum, except such as still thought some of Mr. Dwight’s actions very queer. | may be found in the consciences of those who exer- A HERALD reporter called yesterday afternoon at Dr. Delafield’s house, No, 12. West) Thirty-second street, and obtained from that gentleman @ summary of what hia report contained. It sets forth the foi- lowing facts :--That Mr. Dwight was in good health: cise irresponsible power. My own judgment is that no sound reavon exists for distinguishing telegrams from other fastruments of evidence, or the persona holding them from other witnesses in the possession of proofs necessary or useful to the administration until three weeks before his death; that then he was | of the laws, but that great respect for taken sick with what was supposed to be doraaye- | law will be” required on «gpecial occasions ment of the #tomach; that after that he was sick | to prevent abuses in the manner of pro- with vomiting, nausea, eleoplessness and pain in the stomach, but without any fever; he continued in this condition, grmlually losing stron, from persistent vomiting; that about the ist of November he had u sadden and alarming attack of great difficulty of breathing, binences and lividity of tho face, which only lasted # he ime, when he returned to the game condition as before. He died while under another attuck similar to the one last described. NO RVIDENCE OF IXSANTTY OR KUICIDE, “That was the history of tho three weeke prior to his death,” continued Dr. Delatteld. “I was present ft the autopsy, but it revealed no evidence of poison- Do youconsider Mr. Dwight’s death due to any influence of his own?” queried tho reporter. “There was no evidence cither from the history of the case or from the autopsy that death waa caused by anything but natural causes. The possibility of poisoning is not oxcluded, but there was nothing to show that there was poison.” “What do you think, Doctor, regarding the man’s sanity ?" “He was apparently eran sane as far as Tconld learn,” said Dr. Delatield, “Do you think it evidence of insanity for a man to try to kill himself?” “There is no evidence,” answered the Doetor, ‘that he did try to kill himself. I showld think it evidence of queerness in anybody to try to kill himself, but thero was really no evidence that Mr. Dwight did try. It is not in the ordinary course of human affairs for a man forty years old to kill himself for the benefit of his wife and children.” With that Dr. Delafield bade the reporter a pleasant good day, and the latter departed. A PECULIAR LIFE INSURANCE CASE. duction, especially when that production ia at the command of those who are a law unto themsrlves, Some special forroelities additional to those now re- quired upon the issuance of subpenas duces tecum by courts of justice in this State might with advan- be ol where telegrams are sought. my purpose to draft o bill making those proviaio to be handed to the appropriate committee of this avsociation for their use should they deem the sub- ject of sufficient interest.” THE ALDERMANIC CONTEST. JUDGE LAWRENCE REFUSES TO MANDAMUS THE SUPERVISORS OF ELECTION—-MR, HATZEL LEFT OUT IN THE COLD, Judge Lawrence, in Supreme Court Chambers, yes- terday, renderod a very lengthy and elaborate opinion on the application pf Jacob A. Hatzel for a peremptory mandamus to compel the Board of Canvaseers to re- canvass the vote for Alderman in the Eighth Alder- manic district, it being claimed by Hatzel, who was a candidate in tiat district, that he had a majority over George Hall, his opponent. Judge Lawrence, after discussing the law of the case, says he dors not understand the relator to say that his ne ap. peared upon any or cither of the ballofs which he alleges the inspectors of election unlawfully neglected to paate to the statement of the canvases, and in the absence of such averment it is impossible to see how the relator hae been injured by the omission of the inspectors to comply with the provisions of section 64 of the Election law. In concludt his opinion Judge Lawrence sni «This applicat ia made to the Court within twent; four hours of the time fixed by the Board of Canva' sera for their final aljournment. To issue the writ at this late xtage of their proceedings might work ureat injustice and cause incteased expense, and, while I do not intend to be understood as holding that in & perfectly clear case 1 should not exercise the power confided to the Court to grant a writ of mandamus, 1 deem it nore prudent and justin the case at bar to follow the Aementar tule, (hat a writ should not issne where the relator has not « perfectly clear legal right to demand that for which tuks.” The motion for a mandamus wes denied, % Crxcinwati, Nov, 20, 1878, At Cambridge, Ohio, yesterday, in the case of Kliza Britton againet the Michigan Mutual Lifo Insurance Company, the jury returned a verdict for the plaintiff for $5,389, being for s $5,000 policy, with interest, loss the amount of a note given for the premitim, with interest. No money was over paid for this risk, and the policy was surrendered and tho note returned four months before the denth of the assured. ‘The decision was given on accodnt of an extension of time on the note. ST. TIMOTHY'S CHURCH PREPARING SURPRISES FOR THED ws FRIZNDS, Eluborate preparations are making for the fare in aid of St. Timothy's Church, which begins this at the armory of the Seventy sixtis street and Sixth aver St. Timothy's is in debt,.aw iu other Pespects ity members axe a shall be free in this respect also, Henc hich such extensive preparations have ‘The project was suggested by Mrs. D: , of East Thirty-fourth strest, ay and ability will the success of the enterprise be due, resident of the fair, but chairman of the Executive Committee and of the committees on finance and tickets, besides being the leading fair one in the floral temple. The armory has been very prettily a when the doors are thrown open this evening a most bewildering scene will be presented. In the main hall will be the refreshment tables, while the adjoin- ing rooms are all appropriated to the purposes of t fair. There isa hat room, of course, where gentle: mencan leave their head gear for sweet charity's sake, und there is to be a post oflice where letters will await visitors from the most unexpected correspondents, ‘Then there are to be a shooting gallery avd a grocery store and a cigar table, presided over by two intere: ing young ladies—Miss Maneini and Miss Cassidy anda Punch end Judy show for the children, and a grab bog, which will be held by the Misses Watson, Miss Myers and Miss Kohler, and a mirror table and a silhouette table and ever so many other attractions, Among these Miss Barbara Kolb will be a very inter- cating apple woman, her checks, it is raid, being as russet as her fruit, Miss Dominguez, a yery beautiful Cuban girl with hair and eyes of the deepest black, will be “Rebeces at the Well,” dealing out water as bewitchingly as Maud Muller in Whittier’s poem, but receiving something more than mere thanks in return. Miss Grace Geer, » daughter of the Rev. Dr. t, the rector of St. Timothy's, is to be “The Lady of the Lake" directing the sports of the children in sailing tiny craft upon, the water. ‘Then thore is the floral temple already referred to, in which Mrs. McDonald will be assisted by seventeen young ladies, every one of them with ‘Miss’ before, her name, and the refreshment tables, where the ‘ser- vices of twenty-threw other Indies will be required. Besides all this are the regular tables, fourteen in number, for the «ale of usetul and fancy articles, These will be presided over by Mrs, Brower, Mrs. Burroughs, Miss Dubois, Mrs. Ella M, Smith, Mrs. Dr. Geer, Mrs. Leont Sorah Egbert, Miss Baylies, Mis. Kirk, Miss Fannie 4. Hitchcock, Mrs. E. M. Person, Mrs, Bleacker and Miss Bloodgood, and each of these Indios will have six as- sistant, ‘The list of ladies who have official positions in this fair number 160. St. Timothy's Church, which is situated in Fifty- seventh street, botween Eighth and: Ninth avenues, ‘was founded in 1852. The present site was secured about ten years ago. A modest structure, accommo- dating about five hundred persons, was erected on the rear of the lots and is now used for the purpose of worship and by the Sunday school. The permanent church edifice is yet to be erected. The chureh com- prises 313 members and the Sunday school has about 400 scholars, This church, it is claimed, sprang up as awant of the neighborhood and its members are very enthusiastic in promoting its prosperity. ‘The fair will begin this evening and will be open on Friday and Saturday both in the afternoon and even- ing. In connection with the fair there is to be each evening « grand promenade concert, at which tho music will be furnished by the Seventy-first Regiment Band. t free churely lous that it n made, O, MeDou- to her energy corated, and “SISTERS OF THE STRANGER.” The fzir of the “Sisters of the Stranger,” which is now holding at Dr. Deems’ Church, is meeting with excellent patronage. All day yesterday and last night the room was crowded and many purchasers were gathered about the various tables. On these was to be found much of the handiwork of the Sisters. The organization {s singularly: praise- worthy in its object and purposes, and in the few years it’ hes been in extstenco’ it has'done much to relieve those for whom the bene- factions of the society are designed. ‘The society was organized about ten years ago, with Mrs. Dr. Deems as its president, and among its subsequent patrons were the late Commodore and Mrs. Vanderbilt, Mrs. James Beatty, Mrs; R. M. Howland and others. ‘The object of the society is to assist strangers in this city with food, shelter, medical attendance and, legal and other advice. It will thus be seen thet the scope of the society's usefulness in very broad, and from ycar to year it brings relief to many persone who, being strangers in the metropolis, would not otherwise be cared for. cae werk eae maney, and it is to re- lenish @ treasury sul to & constant phleboto, Thnt the proseut fair wae tndertaken, iaied eyen- A vinited the fair y ing and found Wy ngalry that the ts of an important addition to the society's fimds were very enconragirg. “But we can accommodate more patrons than we-have yet had at any one time,” said one of the ladies, “‘and we wish the Hrnanp would tell its readers to give us # call."" An examination of the various ‘icles on sale at the different tables showed thet such advico might be good even to people on an ordi shopping excursion, Fancy goods, perfumery, toys, books and stationery, houschold and useful articles and refreshments may ‘be fonnd in great profusion, and the stranger will bo surprised that the Sister he did not know he had can afford to sell them so cheap, Many of the articles have been contributed by our leading merchants, and among the contributions yesterday was a Wheeler & ‘Wilson sewing machine. ‘The scene presented throughout the day and even- ing was a very animated one. The Rev. Dr. Deems was everywhere, and his advice seemed necessary on every occasion, while the microscope, presided over by his son, Dr. Frank Deems, seemed the centre of at- traction to the visitors, The curious and interesting pein tral views which he has on exhibition were described in the Henan yesterday, as was also the wonderful frog, which beats Mark Twain's in ferring silver to lead or nickel. The fair will continue throughout the week, and, apart from its becpoeg to replenish the treasury of a worthy charity, will well repay a visit. AN YEAUGA GAEDHEILGE. dnd found upon ss PROGRESS MADE BY THE PHILO-CELTIC SOCIETY IN ITS ACQUISITION—SONGS AND SPEECHES IN ERIN'S ANCIENT VERNACULAR. The Phito-Cvitic Society, which was organized last June for the purpose of “preserving and diffusing s knowledge of the Irish language,"’ met last evening at No. 214 Bowery, and various lessons, songs and speeches were given in the ancient Celtic tongue. Though beginning with » membership of only tweuty-six the society now embraces over a thousand mem! in its different branches. Judging from the numerous attendance and the eager interest exhibited in acquiring this almost defunct language the prospect of reviving an acquaintance with the native literature of Ireland appears encouraging. ‘Thore was @ lacties’ class in one corner of the room, presided over by Mr. Denis (“Sligo") Burne, who seemed to be a thost efficient teacher, and sling the borage Rhee eye with the ease of an expert, Fach ine t whe provided with a grammar compiled by Rey. Ulick J, Bourke, and books of exercises pub- lished under 1! apices of the Dublin Society for the Proservation of the trish Language. With these books most of the embers appeared to be familiar, and they showed little hesitation in reading and translating the lessons they contained, Mr, T. F. Halvey, president of the society, yave in #trnctions to the first or most advanced Clase, Mr, David O'Keefe furnished lessons in grammar and wrote the apparently difficnit characters of the Gaelic on @ blackboard with as much as he might English, The first line of Campbei ‘Exile of Krin” was (ranslated like this into Iris! “Do thainig chum na taoide dibeartach O Kirin “There came to the beach # poor exile of Erin.” The chorus of “God Save Ireland” ran as follows in the Irieh:— Go saora din Bite, air ar lnochta: r waon; an Iy nearmbnidh marair air, son Bire gevhan bast The English translation is as follows:— Gdd eave Ireland, caid our heroes; God save Ireland, say we all; hatter on he seafold bigh Or the battlé held we die, What matter when for Erin dear we fall? After Denny Burns had advanced the ladies under his tuition several lessons in their knowledge of Irish, he sang his favorite song, ‘‘An Paisdin Fioun,’”’ which had a rattling chorus, going like this A's oro hog Homan, bog Homes, bo Homes, A@tais na pluide jee Aneda, All present joined in the chorus, which had qnite an inspiriting effect. After the song Mr. Burns, with fatiff blackthomn stick his hand, made att address fn Irish, in which he said that after forty years in the city, when ke joined this society he ecvuld not read or write Irish at all, and now he can do both with facility, and when he says his prayers morning and night he selects the Irish tongue, Axa teacher of the language he had been astonished at his own success, and itis all a mistake to imagine that the Irish language is hard to learn. Ho insisted that the constitution of the Irish Republic should be written in Lrikh, and cautioned the ladies present to reject any man for ahnaband who had no acqnaintance with the old language of his native soil. More speeches and songs were given and the mect- ing adjourned. HIGHWAY ROBBERY. ‘The police of the Twelfth precinct, Brooklyn, were informed last night by Willett Weeks, of No. 1,519 Pacitic street, a real estate agent, that he had been knocked down end robbed of his waieh and chain, also #200 in money, by three mon, in Atlantic avenue, near Schenectady, abont six o'clock in the erening. the fair, for | eum | HORPY He gavea description of his assailants, The police gutertein hopes of arresting the robbers, 3 ANS RETURN. The Ex-Governor Gives an Interesting Account of Tis Wanderings. a GENERAL GRANT ENJOYING HIMSELE Wonderful Material. Prosperity of France Under ihe Republic, A veprosontative of the Henan hada long end ex ceodingly pleasent chat la 4 with Governor John -T. Hoffman, who retur trom Europe on ‘Tuesday, with his family, and is stopping at the Clarendon Hote The Governor, who spent about six io abvoad, two months of which was given to Paris and the Ex position, had not yet become periectly conversant with the current home news of the day, and wag eager for information coucerning the recent elec- tions, the “Munhattan’ Bank burglery and the outrage upon the tomb of the late Mr. Stewart, As to affairs in Europe the Govervor taiked freely, but was somewhat averse to being interviewed. June lest he spent in England, July on the Rhine in the German watering places, August in the Swiss passes and Italian lakes and the rest of the time in Paris, PROSPEROUS FRANCE, Referring to France the Governor said that, as a nation, she was better off to-duy than ever before in regard to the other Powers. There was a full tide of success there, and the spirit of success permeated the entire population as well as governmental affairs. “Js MacMahon popular with the people?” asked thd writer. “Gumbetta is the real ruler of France,” was the reply; “he is the power, alihough he is only # Deputy. The Republic is firmly established, and ag long as the communistic and socialistic elements cay be kept down everything will bo all right ‘The government of France rests upon the shoulders of the people, and if they get: out from under down comes the government: If the commnunistic and so- cialistic clements should gain ascendancy the govern- anent would come down.”” “How is the army; is it not imperialistic in its tendencies ?”” “Well, I cannot tell from personal observation, but there must be all classes of people and all politics ropresented—imperialists, friends of the monarchy and friends of the Republic, but the spirit I think is republican. I witnessed the re- view of 60,000 troops at Vincennes and it was @ muge nificent sight. The army is in a splendid condition— any one can see that.” WINKING AT GAMBLING, “One thing struck me very forcibly ia Paris,” con tinned the Governor, ‘‘and that was the annual in- come derived from the clubs by the government, Gambling, you know, is hibited in France; but ‘every private ¢iub is @ gumbling place. This is generally known, of course, but the govern. ment winks at it, and derives therefrom a revenue of about 10,000,000f. a year, Then, there is the national loans, which are taken up with avidity always. Lanked ebout that and they. told me that there was rize offered, which some. would be sure to ck. I merely mention these. to show the existence of a general spirit of ih France.” ce. ; “Things are about the same as under the Empire, J ‘suppose ?” asked the writer. " . “Yes, there is the same fondness for display. Thr soone at the Exhibition when the prizes were dis tributed was beyond anything I ever saw, There were fully twenty thot people present. When th can exhibitors and jows waareh cer tion. Some years ago it was a rere thing to ses an over » but during the Exposition they have m thick as hy all over Paris, You might to run up st one almost any- where. You have had accounts of the ball at Ver no detailing the crush there. ‘was simply awful. Idon’t know that I ever before took my family where they were in danger of their lives. As I said betore, T think France is the most prosper. ous country in Europe to-day. The French seemed to haye earned whut we shall have to learn eventually, and that is the maximum of economy and the mini- uum of expenditure.” GENERAL GRANT. “You mot Goneral Graut, I suppose, Governor 7” “Oh! yes, 1 saw a good deal of. General Grant while a Paris. e gene at, the same hotel. He wae and well and enjoying hi Ww He always was wherever he went with tinguished honor, but lived when he could as an un- pretentious gentleman, He has had his ayes open, and ia particnl well informed on every State in Europe. I was invited to go with him to Spain, but had made my ements to come home and could not do so. tee he -will noon his had EM oa but his Jans are uot ively formed, 7” x “But you Apo not of the General's way of thinking in politics, Governor?” . their at: they ‘had better leave his personal ‘ag the reports concerning thove are simply of France again the Governor ssid:—"A deal depends | Gam- ca ake eee ares or two. Wi Fenton in Paris. He will not couse home this wine ter.” CTRRUS AN FLEPHANT. low about English affairs, Governor ?”* ell, cypEns is a kind of an elephant on Eng- land's hai and I do not think she peas consides the Berlin treaty such a great ing after all. You remember a character ao of Beaconsfield's novels who says, ‘What po! shall we have?” and the answer is, ‘No pol 3. let us have a cry.’ ‘Peace with Honor’ ix just about as ood @ ‘cry’ as any. IT ‘was reading Diereeti'e ‘Tancred’ in Paris. Ho wrote it about twenty years ago, anc one of the expressions in it is, Teaglund Tents Cyprus.’ Another character is made to say, ‘The Queen _of England should be called the Emprees nag rage oe ge ‘4 policy is octen = jhadowed in his ings, even of . The peuple, however, do xe vecm to be delighted er the additional title or the acqu n of Cyprus, There is no enthusiasm about the metter at all.” “Will there be war?" meh Cee berg Oy hawt ression, of course. lo Pauts war. ‘The feeling in England is about it, too, and there are s great man; letters in the papers about it. One them, I re- iMek "Wont member, was signed ‘A Disappointed Jingo,” and ran about as this:— We said wo'd fight Another day, ‘And kindly leave it to Russie To namo the dag. “ According to the Berlin treaty Amiatio is be protected by England, and when Seana up her mind to go down a England will have to fight the pe oe, lvgy By. ba ye, ar ‘an oo talking here about pot mix polly er em He in W Sent ey eerikingly displayed. lovel polities, y will vote for men over there aa they happen to be liber- als or conservatives, just as we do here resch oleberess and republicans, HOME POLITICS, “What do you think of our political affairs at home we “Well, [ paseed out of local politics, and practically out of all politics, some time ago, and really not know much about local irs just now. As for New York State politics, we had an furope that the Legislature would be liean. Mr. Kelly has been « good Comptroller, ax I can see. Cooper has every quality excellent Mayor, but if the ‘and ts aro at war it will be unfortunate. of course 1 do circumstances brought ‘Tammany, in = aecord & with cach other Mayor. The ‘or should have compel hermony cen the tween them and himself, He sho ble head of the administration and failure or success.” TELEGRAPHERS' ASSOCIATION, The twelfth annual meeting of the Telegraphers’ Mutual Benefit Aesociation was held yosterday after- noon and evening at the Western Union Telegraph Building, in this city, The association comprises a membership of 1,886, and at the meeting over a thoa- sand proxies were represented. The association ene braces telegraphers from all parts of the United Statee and as its name imports is of a beneficial character, At the death of a member bis widow or family re ceives $1,000, which may be raised by assessing each of the living members $1. Dur) Seal Fn a were twenty-etght deaths, including President Orton and Superintendent Bedloe, but owing to tle surplus on hand only fifteen sssessmente were made, ‘The report of the treasurer shows the association to be in an exceedingly healthy condition, He the receipts during the yeatto boon and the expenditures $29,260 98,7 There from assessments $2,108, and the abilities are $4,152, which leaves an setial surplue of $2,017 38, Much of the time of the evening scesion was given ty the dixenesion of the propriety of line pitted claim, and this and the amendment of the con. stitition of the association were the only questions discesed, Thre ones officers were elected for the hg Ea Bee oor Dh, Reid, of New York, prem. dent; F. A. Acmistrong, of Cincinnati, vice president; A. H. Watson, of New York, socretety, and B. My Rochester, of Kew York, weeasurer,