Show JUSTICE JUSTIC ON TRAil Of l INSURANCE OFFICIAlS Crime of Larceny Was Committed When Contributions Were Made to Re Republican Republican publican Campaign Fund New Tork March the grand jury which is Investigating some of the conditions developed by the recent leg legIslative legIslative Investigation reaches the con conclusions that contributions of Insurance company funds to campaign committees were made with Intent to deprive or defraud the true owners of this property it mu must t find that lar larceny larceny ceny was committed This opInion was expressed today by Justice in the court of gen general general eral sessions answer to a present presentment presentment ment on the sUbject to him by the grand jury Judge added that it Is not withIn the provInce of the court to ay whether or riot not there was Intent That is a question which the jurors must determine for themselves from aU all the facts and circumstances In the case He charged the jury to tomake tomake make a thorough investigation into all the facts and to place the ity for such crimes if they find that crimes were committed Disagrees With Jerome This opinion is In effect directly op opposite opposite to one OM upon the same subject which was given by District Attorney Jerome several days ago Mr lIr Jerome In his brIef which was submitted to Justice held that there was no ground for prosecution of any In Insurance official in connection with the campaign contrIbutions taking the ground that no intention t to defraud had been shown shon Judge agrees with the contention of the dis district attorney that Intent must have llave been present to constitute the crime of larceny but declares that the question whether or not there was Intent is a question whIch is yet to be determined Jerome Talks to Jury tr Ir Jerome was in court today and when Judge delivered his opinIon the district attorney as asked ed the grand jury to remain as he be deSired to addresS addrena them up a in cues Ques Question ties tion lIe Eto declared that Judge van had the subject 4 t he o and that if thC cou court r t held to Its opinion it would bE the duty of the grand jury to re tn indictments against George W I Perkins former vice president of the Nw York Life Insurance for and against Geor e R B you ou chaIrman and Cornelius N Bliss treasurer of the national Committee as receivers of stolen goods Declined to Issue Warrant Mr 11 JeI Jerome me informed Judge van an that if he would sit as as ma magistrate istrate he would submit affidavits to the acts committed by George W Perkins and Would ask for a warrant for his arrest He Be added that in event of such war warrant wa rant being issued a writ of habeas cor corTus corpus pus would follow and that the case would be tak taken n to the highest courts where here the district attorney would re retain tain tam Alton B p Parker as special coun Fri Judge declined to tont grant nt the warrant his rca rea son on that the question at Issue should be passe passed upon by the grand jury Jury Must Decide In his charge to the grand jury in reference to questions they put to him Judge O Sull an said Contributing to a political party is not necessarily a crime Individuals and possibly certain corporations may maJ to political parties as they lla contribute to anything else and be guiltless but they may contribute tn In such a manner as to render the trans transaction transaction action criminal You are to inquire if in this case an act prohibited by law has ms been commItted with the Intent that Jn es it a crime If you find circumstanceS tending to deceive deceiver lr r mislead persons having a beneficial or financial interest In the property to dispose of you OU may consider that with regard to Intent Statement of District Attorney Mr Ir Jerome immediately at the con conI I lusion of JUdge charge asked that the jury remain so that he could make a statement to them He Heat Heat at once addressed the court saying Your honor has misconceived this matter ThE district attorney then went on onto onto to say y that he was In possession of a great deal of Information on this sub He said that George W Perkins has sworn that he gave CornelIus N Bliss and that he was reimbursed out of the funds of the New NewYork NewYork York Life Insurance company Such acts he continued should lE bE prohibited but the fact that con confronts confronts fronts us here now Is are they Pro by law There is a legal prop proposition proposition before this court that makes George B Cortelyou a receiver of stolen goods and Cornelius N Bliss also a re receiver receiver of stolen goods under this theory Now If your honor will consent to sit it as a magistrate I wIll submit all of these matters to you ou in affidavit form If you hold lOld that they have committed a J crime there are many reputable corpo corporation corporation ration officers in this city who should be declared felons I want to have the case of the peo people pIe vs s George W Perkins put Into such shape as to make It binding on the court and myself Was Reluctant to Decide Judge replied UNo No one Is more reluctant than I in turning the power of the law Jaw toward these men It is my duty to say what the law is and my view of it I have given an honest opinion You have been as honest as I Your long ex experIence experience in criminal cases may lend more weight to your our opinion than there is to mine There ere are fourteen magistrates in inthis Inthis this jurisdIction and six of them are in inthis inthis this building Why take this case from the magistrates and submit it to this coUrt as a magistrate or even to the grand jury jUr your honor want me to an answer that question Interrupted Mr Ir Jerome Not replied the judge He went on pounding the desk with his fist I dont see why a hypothetical question was as submitted to this court courtin in the first In instance tance There is a court idle below The court of special ses sessions Ions Is available and one of the jus justices justices tices of t this i court Recorder Goff is 15 isnow now idlE Why not take the case UP to toon toone on one of them If they refuse to do their duty I will always do mine The Habit of Stealing The habit of stealing which your our honor has indicated has STOW grown up through these corporations paying as ass s should be no excuse to any person said Mr Jerome They shoUld I be behind prIson bars If I were Inn C van broke In I 1 would consent to be tried and have my name cleared by my fellow citizens Would your honor wish to be in indicted indicted asked the district attorney While of course I should not desire to be indicted replied the judge still if I were indicted I would clear my name if I were innocent If your Jour honor will Issue a warrant for George W Perkins that he may corrie come within the cuStody o of this court said Mr 11 Jerome Uhe he will be at once taken out of here on a writ of habeas corpus and in order that the rights of the people may be preserved I shan shall retain Alton B Parker as counsel for forthe forthe the district attorney Justice said that he would not issue a warrant for reasons he al already already ready had stated and that for the same reason he would not accept the depo deposition deposition which Mr rr Jerome had to offer Jerome Undecided District Attorney Jerome would make no definite statement after the close of the proceedings In court on the insurance Insurance ance matter It Is considered that he will go next week before some magis magistrate magistrate and there Institute proceedings against Insurance officials When asked If he would go before beCore Recorder Goff as suggested by Justice he h replied Certainly not Recorder Goff is a policy holder In the New York Life Thomas C was elected judge of general sessions last fall faU on the Democratic ticket He was one of Tammany HaWs Hails orators |