New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-15
CONVICTED or PERJURY.

yice yesterday, on peri Try n swearing 60 false state
mont ~ tie con iton Of that company or the year end
ing December 81, 1875. MI Case was indicted on Feb
ruary l, 1871 and at the time Isaac H. Allen the
secretary OF the company, was Indicted o similar
charge and m Indictment found against the vice.
president, Thomas r. Wetmore on the ground OF em5ez
element. The prosecution Was confined 70 two
items in the annual statement for l-7j. That
statement said That the bu.ldicg OF the company
was valued at 100000, and that the company
had In blnS AMI on hand over 100000, on DcccmDc.
81 1873. When Deputy Insurance -upesin-e ndsut NJ
Cal! examined the affairs of the company few months
later, De found that the ab).e date the complnys
bank account was lrss than $1,000 AMI thl the building
was purchased 10 April. 1879. f1r r1-DO00. Perjury
was charged on the ground that Mr Cise had sW I'D
at these items il the company were correct The
defence was that NJ Case had actually made oath
tae correctness o. the statement hJ had sued 10 ant
then sent Is 10 notary Tor his signature AMI seal.
Several members OF 1r. ls-s family We're present N
tie C0ur, Of oyer and rermner. yesterday His du.I-
ter ST. hy his side during he arguments % tte wy ms.
her hlud resting upon ler fathers arm 1ir Case wore
q worried md auXous cosut01ancc and bis hands. which
he kent casped IN front OF 1 frequently taitcleI uer
vouslY.
IN. winfield who summed no he testimony in the de-
fenlsl;, favor, .eul times referred 20 bis client az
an "oi man. ,ud spoke OF ms seaty," bis "Iucrp1s
IN years." ard his "od age" These tair-s. said Mr.
winfield should be taken into account. as relieving
ST.. Case Of responsibility 10 connection with the
sta sm mo. De trusted Do. .g1o-ite .aG accepted
wllt they sad as correct The counsel dTcic u4rticu-
larry, however upon .Ae iact that ST. Case d n't make
oa before tlc notary although be s.ne' Che state
mcut witI tle UNDERSTANDING tIA. ho Wls making oath
10 i.. CORRECTNESS Tac indictment }Ir Winl.I sa.d
.cic7ll charged that has client v.tllY. knowingly
AMI coruplv made % th before Dr. Mle.iv, rac notary
.lc lIl Sir Case could NOT be cOaFlc-ed 0f pcr'l"J
unless ms makinr Oath WIS absolutely proved Mr.
C.,e he had uo doubt, considered bis signature o. the
hd proved tllt no ol.h was taken. MIR.
Cases confidence in the Insurance company was
shown bY the fact that ls invested his salary in the
sock Of the company nearly up 20 tho Day OF It's di'solu
tau Ih1y. known Mr. Case long and infinitely"
said NJ winfield I'm conclusion. 90 know what lis
ncshbars thmtoi MIN. And vixen the institution ever
which Doe presided crumbi.d beneath DTS management,
felt and know that was no. cause by couuoton o1
MS 81 .1. ht''N nay" come u'i. i7 "'' H.iI" t'l
ugzl1ar 900 a-s th" jury not io eou,rn iil- t-rl
ry.rof I'm. .l.t" T.ar, stood lu ,Ir Ci-r- eyes 5r
Winfield closed his tl.e lui resumed BIS seat after
The ease for ~ $50 ,rrIion vas presented by
Dsir.ct-Attofrry lN' .l "lg .t' ,.,'.u . -- 'I.-
& r r.r .'', nam. .e tl. ..r,.- Mons Tn,
Should Dee held to strict accuJU ir. u Fa- incredible
trt NJ Case should u't kup" tia. ;ur uuitH- Oh. t-e
company lr.u was purchased 20 April $40. i,r Cd -o-
o.0 '-i u,5rr-as.d f0r 500 DJOI wa. not vuI, 0u
D.ce.ubc. 81 ot -Ic same year. -'rI'-.4 e-i1a d
value lcrord..- to The annual sfir mont The comp ny
Vas called, uitla SCOTT Oi prophetic irony tle security
Cuuuauv. Mr.. Ca-,'. good reputation ought NOT t0
Dslr-Attprr.v. rai-u- A,s voice, Us Nor- than tlat
%. t.c l-IWarmau or th. bi.-af. 4 man may Assault
cover The MI who openly ".tachs you gives YOU a1
opputiuu'f io. ,i ,ii'e' ."' .-' 10. a t' ' ,
..r.t r-p.u-, ty r7.- the dead, tle wid1" and thc
ilthcsrss, brings down ulon himself Je heaviest curse
uDf only OF tur ItW. Duf OF tlr ~ It.
Iter r,rrs. of halt am hour, tu'J Justice Davis Zee
D. .,r. ,I-,-. H. charged "a .r...l .,rIr tHr four
u,in- asked by the defence These were; I'D " ON"
mr, d NOT believe h4, the oath wl, administered the'
daylt. afllu % 10 might rcct,Y' thc signature "i per
ward u..i I'm l-l proceedings, did NOT constitute ger
jury C IT, cons iinle peir3. me- ,.n mus I've .s
s.ubIc doubt tlut t1e OATH had realF been a'mlnis
tered, they must mad the p sonei ngl l' " md rt
WIS whether rot the DARN had nrru ADMINISTERED II
Vas lot necessary that any prescribed form Of oith
20 tle time to the FORM adup.r 10 vas A. binding 90,
though Il had been u strict conform ~ ihe lave lt
miu-teicd some form by Nr NJ elr before tne stat.
Which an oath was required O. Doe mace. ANA vas flied
VIII on -er ~ thc state apparently IN c.-lrnll,
with tue requirements Of me s.a'ul'. Il ii "'' ~
sworn 90, 10 Ua- tccept.o and gross iItnd "i '
fact s40II Dee clnsid tcd a. bearing UPON th. c. "lf
or tnc witnesses, aud 7' dilDc.l1- ui.H 7'Ii' ,',.
they lad not sworn to the sta cmrut. II tu' notary
s-ncd % and affixed Dds seal without pawn c.liI, .,"
uIIas'crci the odtu, Lc was Gul 81 DO .
law Hs ict waa % m-deurIuOr. t.d Doc should n'i onN
be- arrested ana deprived W ns omce DuJ he Huo"" TO-
Al tni- pmut Jusic. Davis read transcript ~ The
entire testimony 90 te Ioary' Moses d. Mt'l, -,fv"
tioudty. This, thr 1-iicr -d' was e'll''5 ~ 1
usual custom, bur he considered tns testimony o." WIN.
.ortllc-. SIR. NacidY swore Jlat hr 4dihinl7teI
t.c oath O. Mr t'-e aud DIT. AL-i %" . ,'' i
1876. uLd recognized the two gentlemen as tel SAT l
court-rooiu. When cro,seNilin' ut '.'l ,.' lr
cou Il not ,mber tc cir, n.i,nc" under Whc' nor
ia, place where the oath was NYcu Out hc uou-A' IL
va. zoo thp cOiupany's office DO inr-'L $3.50 r
continuing hi. charee Judge Davis sad that IN civil
case tine de- .endiHt, having caused ihr sich.h v Dc
II el as under osth, ami with fhe appearance o ttt,
would be- esjopped from DENYING hai he LAd mal- 'he
o..n but lu criminal case tnr iulns -ult nave 20 'o
different Officers ~ large corn"r mons VINO Iu'h on
NUS tlo statements of their subordnatcs Tor the N
pose Of avoiding hON ledge ana ii on vI ~
good standing OF their companies ahl a,'eplea ~ i"C'S
fin.. that they neither kue" nor hAd any
good reason 20 believe 10 De llf' ought u'' ~
bee projected. The president OF COMPANY Muo' III
/ order 10 avoid an i"Yesilgiioh VIII me- mn
/ the rOtteuuas- OF bis institution ultNr iit'' r''l
without making Investigation 0t the fr,oruS "I.n
,era community under aus eye, and after taking
Am bad fitI ur statements ~ ils subordinate olhrr
ei 2i 1 W l' unrr5 Whin The past year"
continued tine Judge, many Insurance cohp mes anu
officers lave been guilt, OF fraud, public sentiment has
been aroused d-ain,t those officers iuu I
insuuition- Ii guilty OF fraud, or or neglect th1t
d, equal % fraud. ought To- De he3 10 IL niIH
N Mr. Case Is guilty ot perjury he outht TO
be convicted, bus he ou- 10 NOT o. pc N , sliT
. are ot,.rer,ors fear that thc jury may Dee car
rri away y lleJu.l lni.5nil'"i "'p ..it,i.,o ca.J
TIE security fe Insurance tomp'uyi iu' ,'', ~ ,
Icnuttou should by DID in.l- ''..' . i' i,3'i AZ
,rie.. f Iei- In. g OF ilem." The JUDI. isJ lc'."gt
90 cons. .eri.t !.-ia the ie..i.H,., u, a. 7'-' "
i. ms l.i r..Ir.. aud u % f.r m.IIes tl' Judge
lefr The hcn.h. BOO ilrr ilf..i- Of. l ''' ilii'v
ii e D., . o Lr ..,- 3D.. loiaus bis hand. Ne'r
H H- LIS .,r .nI Sill o.. -Iv "acu. u r.sp"use
81 Inc Il..Il. uIe ZION, tIr f.rrnlau Ut I'D -.t
.Gnirr t.rre wis u1 r.lns. in i'nses o"lnienAher'
n'ra.i h. r...,yes mauI... aa, .molol. A n'nen,
later .Ils Case addressed Deer la,Ir. A l'"
zone ST. winfield DAT Hreu called t" i.' al" Nt. io.