The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-21
DR. LAMBERT GUILTY.
District Attorney Phelps Arguing
for the Prosecution.
JUDGE BRADY'S CHARGE.
The Jury Render Verdict Of ''Guilly" After
Thirly-Seyen Minutes Deliberation.

The trial OF Dr. Thomas Lambert, president OF tho
American Popular Life Insurance. Company Tor per-
jury, before Judge Brady, the Court or Oyer aud
Terminer, was concluded yesterday, and the jury
brought In verdict Of guilty. District Attorney
Phelps made an ablo argument which closely con.
nued 10 the evidence presented, taxing up point by
poiut and presenting salient features the Jury.
Judge Brady's charge WIS very bret and confined
chiefly TO points OF law At twcntytwo minutes past
tour the jury rendered verdict Of 'guilty' the
prisoner was taken 10 the Tomoa
ARGUMENT PROSECUTION.
District Attorney Phelps began his speech by
complimentng IN very high terms his assistant, Mr..
Rollins Tor the able manner IN which no had
Quoted the In order convict of perjury. ne
sald, there must be stronger evidence than on any
other charge The statement must be wilfulIy false.
anu tho evidence to this effect must be supported by
moro than witness. The oath OF two witnesses
was not required IN regard to seeing tho act OF per-
jury, but In regard TO the falsity OF tho
statement sworn TO. On tho first point
whether the statement was made under oath there
was the presumption OF the law, which supposes
that public officers do their duty, favor OF the truth
OF the atesaton Of the notary public that the report
had.been signed. Then there the declaration OF
DR.. Morris ana others to support presumption.
IL was contradicted by the testimony OF Dr. Lambert
alone, gwen under circumstances the motives Of
which could have influenced no one else they did
him. The Doctor said that he signed the report
the 18th day OF March, that the notary affixed hts sig
nature TO II the next day, and that II to Al
bany without the Doctors having sworn 10 it, But
the Jurat OF the notary was Affixed the l2tn
day OF March, the same day That the Doctor
says That he signeai and on heevening OF which Mr.
Duchcsno swears he saw tue paper with the sigma
lures OF DR.. Lambert, Mr. Cruigshank and the Jurat
OF the notary affixed II Dr. Lambert not guilty,
II all tho transactions c0nucci Cd with the company
were legitimate then Roed not guilty and the de-
fence should have been prompt TO call him to the
witness stanu. The statement was on material point
required by law, Tor II there - anything the people
want TO know about an insurance company it is how
much money they have got and wnat are their
chances oil good Investment Was the statement
false IN The matters charged IN the indictment TO be
alser IL would not be necessary TO prove that
than one OF tho items was false IN order
TO secure verdict Of guilty. The District
Attorney proposed to submit very briefly the
siderai'ons which abundanty warranted the jury 10
conclude with reg the truth vi the three charges
specified. As 10 The cash in company's office and
the cash deposited in the banks all evidence had
been Introduced by the prosecution The defence had
not shown that the company had ono dollar OF cash.
In the National Trust Company the American Popular
had $3 100 aud the utmost efforts Of the prosecution
failed 10 disclose another dollar Of cash. but iney
assumed that tho sum OF SIS. $40 10 on the company
book correct. Tho cneck book the Salem
National Bank snowea that over 500 900 had been
carried the book assets, without ever deductna
the checks drawn upon the bank Tor nearly a year.
LAMBERriNE CASA.
At this point the District Attorney said he had bet
ter define the term 10 distiD gush IL from wha;
his freud had feiclousIy termed ..iamuerine cash
Cash was something one could pay q dcUt with. The
checks produced were not cash; half OF thcm were
drawn bank where the drawer never prolessed 20
have account, anu the other half were
bank where there was not sufficient money to pay
them. One OF these men had Sl05 III the bank on
the 3st OF Decembcr 1875, yot his checks were
RED cash. That was the sort OF stun with which
the Innocent policy holders were deceived Accord.
| ing TO the prisoners own statement these checks
were not 70 be paid except upon a certain contin.
scncy, which might never arse. There were more
because they undertook to money
cheeks drawn by people on banks where they had ne
account The District Attorney hoped that when the
aDle counsel The other side should be compensated
Tor his legal services u would be in cash that
Kind. Q.aughter.) No one objected TO tho company's
increasing Their stock by issuing conditional certin
cates The thing found fault wh was that just before
capital by checks whicnit was understood were
never 10 be paid IN cash. On the LIST oil January 1871
taey had nominaiy $50 900 la cash, but dayi
they nad TO 81 90 10 pay a debt showing mat
whatever the prisoner called cash, tue people who
pocs e. ON ~
books on December 81, 1879, which were marked on
The next April as not taken The loans secured by
BOND mortgage consisted for tho most part OF the
Trow loans According 10 the evidence o DR.. Lam
bert himself these loans were merely scheme to got
credit the Insurance Department Tor the furpt
ture, which they would not consider as assets fht
last issue was whether DR.. Lambert had any knowt
edge Of the facts to winch he sworc. HIS own coun
sci had maintained that DR. Lambert was The head and
front Of tho company. lie arranged The ngures TO
into the sworn statement; he arranged every hing.
Gu,it wanted darkness and there had attempt
on the part Of the defence to BRING the FACTS TO light
| The prisoner was ia contradiction on point
other every who had appeared either Tor
| the prosecution or defence.
/ At ton minutes before two Mr. Phelps ended his
gument ana Mr.. Smith read a number Of exceptions
10 the statements no mad maze. Then Judge Brady
| made the following brief charge
/ JUDGE BRADY's CHARGE
''Ths case 10 Que Of great importance. II contains
many items OF technical detail The result Of your
verdct may affect Dr. Limberts personal liberty The
case oil great importance IN the matter oil lilo nsur
ance. itinvoivss that you must pronounce the pris
oner guilty or not guiiiyr Was the report sworn
by the Doctorf ID question Tor you 10 decide. Tne
prisoner says he signed ~ in blank. The notary is
futr .ttpt ln IA
| DUTY Or. Morris says the statement was sworn TO-
The testimony OF Mr.. Crulkshank about when tnorc
WAS home dispute between counsel 10 before mo- aud
will read IT, The Court then read several passages
showing that the AFFIDAVIT was sworn 70 by the pris
oner IN the Office OF the company Who Is entitled
TO superior credeace-s the question Tor you to
eide continued the Judge III the Doctor did not take
the oath charged against him, then ne cannot DO con-
victed OF perjury. in his crossexamination he SAID
that he intended TO take the oatn You must scru
nze his whoIe conduct All incidents have 10 be taken
into consideration by YOU INC iacts OF the case have
to DO determined by you" Tue Court then alluded
the questions oi items set forth TO whether tue
cash was In hand as reputed. ana were all the items
correct or iaiseY the loans also briefly alluded
TO, but Judge Brady added hs did not intend TO go
into details, the matter had already been zone
by tho District Attorney. Did the prisoner actually
believe that ,he checks ncd by the company were lne
| equivalent OF cash. Was the statement oil the com.
pany wiiully or corruptiy nader That must be con-
sdsred. Had tho prisoner any motive N making
false declarsony Public clamor should have place
there Thor verdict must be either guilty or not
guilty according 10 the evidence
THE VERDICT.
AT half-pas two the jury lett their seats In charge
OF Captain Ricketts, o. the Court, Tor lunch. Al quar-
ter to p. NJ. the jury had returned Court
House and were locked up la their room TO deliberate
upon verdict. They returned TO the court room AZ
wo IN nut.s past four aud an ou
their foreman, sir. Dyron q stokes, that they had
agreed upun verdict of guilty. There was hush IN
the court room when the verdict Was announced aud
| all eyes we're riyeted ON the prisoner. He turned
slightly pale, but took tho matter very calmly. HIS
counsel Mr.. smith then said that he Desired to make
| u motion Tor a tria, and Judge Brady liked the
iime Tor hearing the motion US next W Wednesday, 81
| noon, IN supreme Court, Chambers
TOMBs.
DR.. Lambert was taken IN charge OF Deputy
Sheriff Mllbollsni to The rOmbs In answer to ths
usual questions he said that his name was Thomos =
Lambert that he lty eight years old, born ia the
United states, was married aud resided al No. 400
West Twenty street, MS profession gave
doctor md added 'fresiuent OF the American Popular
| Lilo lnsufauce Company" lie was conducted up
stars TO the second and assigned TO cell No. g.
| --~-----~---------~-----
A MINSTREL UNoTRUNG.