The New York herald., 1877-12-19
THE TRIAL OF LAMBERT.
Was There an Attempt to
Influence the Jury?
Mr.. MERRITTS TESTIMONY.
The Evidence Cosed and the Case To
Go to the Jury To-Day.

6o to the Jury To-Day.
| The trial Of DR.. Thomas s. Lambert, president Of
the American Popular Life Insurance Company. for
perjury was continued yesterday moruins before
Judge Brady, in the Court OF Oyer and Terminer.
The most startling development in the case WAS that
brought out by the testimony of the Rev. stephen
Merritt who swore that Dr. Lambert had requested
hm to sec certain members OF tho jury and inform
them OF certain things. 1t was an entirely unex-
pected incident and produced great effect all in
the court room. At the close OF the proceedings Dr.
Morris testified as to having seen Dr. Lambert
to the New York insurance report the essential point
IN the case Both sides then rested their evidence,
and to-day, after tho summing up and tho charge Of
Judge Brady, the case will go to the jury.
THE PROCEEDINGS.
Dr. Lambert on taking the stand went on testify
in has own defence In to questions put by his
counsel, exRecorder Smith. Tho conditional certin-
Gates OF the American Popular Lie Insurance Com
pany were first issued in 1869 1870; they were
made for the purpose OF having the profits OF the
company placed to the credit OF those who were in
the company when the PROFITS made and yet not
having the profits taken out Of the company; this
done 10 raise the capital; OF the reasons for
this was because u law had been passed Ohio that
the capital stock Of every company doing business
the STATE should DO $20o,000; their capital was only
500 600, and they wanted TO raise II to $500 COO TO
have the benefit Of doing business In OHIO; this was
done by the advice OF ex-Unted States District At
torney Bliss, AT that time counsel 10 the company
Dr. Lambert went on TO explain receipt gwen
Trow for thirty shares OF the American Popular Life
Insurance Company's Stock was security, no SAID,
for a loan; the furniture OF the company only
in New York. but was distributed throughout the
country IN the different offices OF the company.
BY juryman-rhe jury would like to know whether
this furniture which was loaned TO outside parties
was ever charged on the books OF tho company? A.
They were inserted on tho books al cost
Judge Brady-Well, you don't know that OF your
own knowledge A. purchased some OF the iurni-
turc myself: that was my understanding
q Now please explain what you mean by buying q
deductonY A. When there was deduction made by
tho department which not legally iair there
much money put IN MS consideration for It; tnerc
would be much still possessed by the company
Notwithstanding what the department SAID.
DR.. Lambert sad that at the time tho report
handed to him TO be signed the figures had been
filed in; the company very careful regard to
granting polices. their medical examinations were
very strict and their grade very high; there were
very few death losses; II there had been death
lossos sprinkicd among the fo term policies 1t would
have been better IN tho way OF advertisement Tor the
company. lLaughter.)
Mr.. Rollins then took up tho recross-examinatlon.
AS ne was saying something to Mr. Phelps tho Witness
overhearing him, remarked, ''That is truc.n "I am
making suggestion to Mr. Phelps" replied the cross.
examiner, "and you will BIO kind enough inter-
tere with Behave yourself SIR" Judge Brady said
IT tor the Court to rcbuke tho witness. ana Mr..
Rollins continucd tho examination iollows:-
u,a you en9 1--we 'o" Any ~. ,rehs ~ INA. mace up
some ARTICLES nt the time OF the companys trouble.
y 10 tue insurance repor. does u not appear that
that furniture sold 70 Mr. Irow ana that the fur
nture also appeared in the report as part OF the
/, setsS A. don't know
WAY IT
"That is In this book, sir' said NJ Rollins, holding
up the insurance report On further questioning II
was shown tnat every share Of STOCK that Mr. Trow
did originally was transferred him On the
9th OF July, 1872, except one share. owned by meu-
Irow Jr and The Company TSoy loaned % him ,be money
held thirlytwo shares OF the United States PUB
ishing Company's stock as security Mr. George W.
Bliss was asked to give his check TO help the company
IN il certain matter, but he had refused, fol-
lowing extract from letter OF his was read by hr.
Rolllns-
don't like this business of giving my check in the Goss
matter l. looks too much Ike hxn things Am willing
anything that has fair and piausblc
face but don't want to do anything that appears
pcious peculiar
sir Rollins said that 81 900 appeared to DC paid by
the company to Mr.. Bliss, aud that they wanted him
to return 1t IN FORM as 10 increase their apparent
assets,
@ Is IL not true that you had resisted every death
loss, ltler how PLAIN IT was, and your
counsel begged you not to bgns ~ A. No. SIR
Witness admitted that some OF his publications
he Ind said that rich people need not take policies;
only reason Tor them To do would be to relieve
their anxiety 1t appeared that several officers OF tho
company had been marked IN December as having
taken ten policies apiece and that these hhd beon
taken on aeain in few months DR.. Lambert said he
didn't know about H. as Ec did not notice tho names
on the policies he signed He usually did notice the
names ana It was his duty to see that they agreed
with the application, but he might have neglected II
in
q. And II might be that you might sign policy on
the life. OF Thomas :. Lambert without noticing that
Thomas :. Lambert was insured2 A. No, SIR.
Witness stated that he never signed policy In
blank ot the loS7 policies issued Il the holders
should all have died the company would lost
nothing il they had been declared nvH. Mr.. Roi-
Inns tried hard TO get the witness TO admit TINT they
were not properly made OUT out this no would not
STARTLING DEvELopMEAT.
q DO you know -tcphen Mcrritt2 A. Yes, sir.
q Diu you tell him there WAS smootn-laccd man
on tho Jury, aud thar you Understood he was tenn
perance man. ana wanted him to talk WITH tnat Jury.
about this Case, or anything TO that ellecif A.
q DID you have any conversation in relation to tho
jury wi,h him in winch you ntimated a desire 10 ap.
proa.h the juryY A. No, sir; not at all
Q. Mr.. stephen Merritt IS very respectable man, is
@ Did you caH his attention to the fact that there
man u MS own business, an undertaker, tho
Q DID you say anything likely to give that impress
q what did yoa say about the iurys A. We were
talking about the jury and Mr. Merritt asked II there
any of the jury We knew l told him | presumed
there were; didn't know the names OF all. but gave
the names OF several
The re-drec, examination by the prisoner co unseL
winch closed Dr. LamDerps testimony, was az foi.
lows
q You have been asked whether you requested any
TO see any member OF this jury or TO have any
conversation with them. Dad you nave auy talk
with Mr.. MerrittS A. No. SIT; | talked with Mr..
Merritt TO hnd out what the characters oil these jury
we're; ne did not know
q You were very solictous TO learn all yoo could
about the jury, we're you uotf A. Yes, sir.
O Is that all = A. Yes
PERJURY sohEwHERB.
Mr.. stephen Merritt was next called and sworn
Mr.. Rollins then asked the folio W iug Qlestions-
q. Where do you resdey A. Ma. 2lO Eighth ave-
uuc
q. What IL your busncssf A. 1 am an undertaken
u Are you acquainted with the prisonerY A. Yes
SIR
Y Has ne az any time within tho last two weeks
caieG upon your A. Yes, sir
Y. Have you nad any convorsation with him in rof
ore nce TO this Juryr
Mr.. smth-One moment; that is = matter collateral
md guch lheY xaud a Lauua In III.