Smyrna times., 1877-12-05
The Sentence of Robert L. Case.

miner, on Tuesday, the 2Oth ult.. Judg
Davis denied the motion in arrest of iudy
nent on behalf of Robert l.. Case. ex.nresi
dent otthe Security Life Insurance Companv
convicted Of swearing to Il false rrtur,
made hy him to the superintendent of in
Surahce, and sentenced the prisoner to fv,
years IN the State prison at hard labor
Nhen Mr.. Case was ordered to stand M
the Usual questions were put. to which ht
replied that he was siXty-eight years old. 2
resident OF Newburg, and that he hao
learned no trade and had nothing to saw
AS Judge Davis began his sentence every
othef sound IN the courtroom was hushed
anu the strained attention and unsual quiet
oi al present showed the depth of the i'm.
preston made 10y the words which con.
"r"'ieu an ola man, nearly seventy years
oi age, who had long held prominent
Pi"ct III the community, to five years of
imprisonment. The Judge said this was
the most painful duty he had ever boen
caIIed on to perform, in view of the auo nj
tn" prisoner, the trusts that had bee3 ro.
! PoSeu IN him, and the terrible conseouences
10th to himself and his estimabIe family
But he said, "this case is one which
however painful it may be to me. absolutely
requires that the sentence of the law shall
ne imposed, which shall operate as n warn
ing and an example. You were ot tho
h'ad OF an institution organized for the
purpose OF lille Insurance, holding itself ont
10 the community as possessed of securitie,
"h!ch rendered 1t sale for men who sought
10 ity up something for their families whlcl,
I,li'sht TIC enjoyed after their own deaths.
van conceive OF no trust more sacred than
'n'' rePoSed under such circumstances i'm
'"e h''u ana managing officers of such an
institution. Clothed with all that hover.
"uf"thed with all that duty, we find Won
convicted OF the crime of perjury i'm h,li.
ih@ OUT, Tor the purpose OF alluring To th4i,
loss those who confided in that institution
t"iSe lights, mere decoys, to obtain the am
nual price which they were paving for what
they supposed to bea complete and certain
protection.
our company, as it appears by this re.
port, had 9,349 outstanding policies. It's
t"'aI income tor 1879 reached 81 ,23O. .73I %.
Us Us 'olal assets were reported to be S3.737..
p'"'fo, WIN such an aggregate Of assets.
IL truly stated, men might well confidn in
the soundness of such an institution. Thai
II was the duty of yourself and of all IN.
officers truly to state these assets cannon
admit OF question. How was that lutv nor.
'orIhtd? This report states that Won hod
on hand on the 3lst of December, in thn
! hNt't"tloh IN money, $32,3IS.ll: that Won
had IN cash deposited in banks Sl72, ,SgOG-
making an aggregate Of sos, 7Sj.7S. What
ti'ih was there in the assertions i'm regard
10 these "sss'ts? Instead of HAVING on tLot
da'r S-Uo,OOO OF money ready to meet call.
I"f losses, you had less than 81 GOO in all
Ahother asset was the real estate Your
- e"i E?'a" consisted IN part of the offices
!" "H!ch you business was done. II had |
"'eh purchased by you in April, 1875. few |
months hctore the date of that report. II
cost your company $lS0,000, of which Won |
l'''" @oU,UOO cash, and gave back a mort. |
= e"&' OF slOO'OOO That left $4,000 only of |
'n' assets OF your company invested in that |
.t' rH'"''' ana yet this report declares
.|""' | Tue sum invested in that piece of real |
''"'e was Sf1O'OOO, subject to an incum.
brancc Of 100000. This was a monstro'.
lalSrhood, made for the palpable purpose
Of deception. FN' P0''
" The only excuse offered is that vo,
were possibly ignorant of the real estate ot
me case, and were deceived hy YOUR subor.
IlnatrS. That excuse may be one 70 ba
accepted by Il higher than earthly tribunal
'ut IN the administration of Justice. in the
OF the requirements of the law
'h" Tue protection which courts owe to all
''isSPs OF the people, it is necessary that
.uch ignorance should not be accented.
+. was your PLAIN duty to know it was
'io'itloh OF your duty to be ignorant
but your defense in this case was that
ne olth as to the truth Of this report was
leVer, IN fact, taken 10y you. 1t is possible
nat tlis Is true. But what protection or
"iety Is there if officer, can fall back ON
uch defense? 1t is not surprising that
urles should disregard and discard il.
i'lnk the jury acted in the DISCHARGE Of :
helr duty wisely in saying that under all
ne circumstances we hold that YOU. the !
r'Soher IN this case, in making, subscribing !
md procuring the official signature and in
lih@ thls as true shall not be heard with
Ut 'he evidence upon it is irrefragable and
I"hS"eraole, TO assert that that which was
led was public lie. And do not regret ,
nat The jury came to that verdict
hder these circumstances | am called J
l"" 10 pronounce the sentence. | must r
IKE INTO consideration your age. If YOU
ere man In the middle of life, if YOU
= not SO near the termination of long
ie, | should feel it nv duty tn imnose \
pom you the heaviest sentence That tha .,
NV allows. | should not feel iustifad in +
ecllnlng the exercise of that duty in admin. y
terlng the law in n city where so much a
epends upon the integrity of the officers h
institutions Of this character, and of 9,
inkS, savings banks, and the various trust l.
'mPahleS which hold such enormous coni n
us, and transact SO largely the affairs of h
le country. | say | should not hesitate ~
nuer Such circumstances, to impose upon II
'u the heaviest sentence of the law. But. :,
1der the circumstances, feel justified in K
us case IN imposing another sentence. n q
IS one, and no man in this whole com. T
unity will more deeply regret the neces. Sc
~ OF doing that than do"
" Not only have you 10y this act DESTROYED
q great degree the confidence in this and =;
nllar institutions, but you have injured =,
"a and others of like institutions-haye -
Jured those of real value to the com. -;
UNITY. Life insurance is a matter of very =, -
cat Importance. We have institutions of " :"
Is character which stand foremost among a. ..
ose of the worA But the conduct Of ~ ~
Q officers of these institutions, like yours. @ a
IS brought blight upon even them :,
nder such circumstances must impose ~.
you severe sentence although not the ", ~
avieSt sentence the law permits. The ~ ~
ntence OF the court is that you be con. =" ~
Ied in State prison at hard labor for the y,
riod of five years" su su
".