The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-13
THE SECURITY LIFE.

TRIAL OF ROBERT L. CASE, THE LATE PREsI-
DENT, ON CHARGE OF PERJURY-TEsTI-
MoNY OF THE DEPUTY SUPERINTENDENT OF
THE INSURANCE DEPARTMENT.
There was a large attendance in the Court Of Oyer
and Terminer yesterday, Chief Justice Davis presid
ing, witness the trial OF Robert L. Case. President
OF the Security Life and Annuity Insurance Company
indicted with other officials OF the Same company
for perjury, having sworn falsely in the state
ment setting forth the condition OF the COM
pauy for 1875, transmitted to the Insurance
Department at Albany. District Attorney Phelps
and Assistant District Attorney Rollins appeared
for the prosecution, and ex-Judge Fullerton
aud William A. Beach for the defendant Alter tho
jury had been sworn Mr.. Beach moved to quash tho
Indictment which, alter quite an extended argument,
was denied Mr. Rollins then opened the for tho
prosecution, characterlzlng the statement in
question as a wilu and outrageous falsehood.
= THE FIRST WITNESS
The first witness was Moses b. McLane. the Notary
Public before whom Mr. Case to the correctness
Of his statements. After him called John A.
Mccall Jr, Deputy superintendent of the Insurance
Department Ho testified that the annual statement
Of the Security Lilo Tor 1875 handed to him at
Albany by OF Mr.. Case The examination con-
tinued as folows:-
Q. After the 27th Of November, 1876, did you have
access to the books OF the company A. 1 did.
@ How did you obtain access to thema A.
was furnished with tho books by Mr.. Wetmore and
Mr. Case and examined them subsequently at tho ST.
Nicholas Hotel ana also at the Office OF the company
Q How long were you engaged examining the
booksf A. commenced on November ~ did not
get thu ougn until December "a; had a copy OF the
annual statement oil the company Tor the year 1875
when made the examination.
NJ tha in hath NAL otot
spond with those you found on the booksY
To this question exJudge Fullerton counsel for the
defence, objected, tho ground that both reports
were not before the Court and II they the ques
ton could be easily determined. Objection sustained
Examination resumed:-Q. How long have you been
connected as an expert with insurance accountsY A
have boon In the Office OF the Superintendent or In.
surance about years and have had opportunities
Tor examining the accounts OF insurance companies
Tor the last four years.
q. Look at this book tproduced) and state what 1t
Is A. IL is The last ledger OF the Security Life Insur-
ance Company that was given 10 me-
Q. Turn to the cash account; you find by that
what the cash balance was on December ,ls75s A.
1t was sos, 70S 49,
Q Now go to date, December 81 1876 and state
what amount is credited to cash. A. lind 1t To DO
$685. 70S 6S.
Z State the next succeeding entry. A. After De.
cember 81 1879 hnd entries only on the debit
Of tho cash book.
Q. state what they are A. There are two items.
on the LIST and Sd OF January respectively and hen
the books skip to the 25Ih of January; the two oms
alluded TO amount to $40 on the last page, OF De-
cember 81 1879, there are dates placed these
items.
THE EXHIBITS.
The cash book was admitted evidence.
Tho witness continued There is pencil date after
December, 1875, opposite an entry Of $40, 900
A. TINS stage ot the proceedings Mr.. Rollins said he
would offer the journal as evidence SO tar as related
to tue ledger under the heading Of 'cash =; he also
offered evidence page No. u OF the ledger far
II related TO the accounts SO posted In the journal
z. What book Is thlsv A. II contains stubs of
checks on the Leather Manufacturers' Bank.
q Is there any check stub there bearing date
December, 1875 A. There IL
.. Did you have conversation in regard to the
accounts with any OF the officers Of the company
A. Alter examining the books said TO Mr.. 30, you
have here $l72, 205 balance on the books. and you
have only 900 in cash, how do you account for tho
ference. then asked him II he did business with
any bank other than the Lssthcr hanuiactursrs
Bank. or whether he had any other bank book or no.
count IN bank, and ne SAID no.
Q How did you Gnd their account with the bank ?
A found that on December 20, 1876, their account
was overdrawn moro than $1,000 and on that day q
check came IN tor $500; another check Tor 800
came December 81
q Turn over 10 the real estate account; what bal
ance do you find theref A. And the balance on De-
cemDer 81, 1875, to be $975 50.
Q Now, what 10 you lind in regard to the real
estate In Pine streetY A. The Grst Item the debit
side oil the real estate appears be $40
DO these items the ledger refer to the journal
alsoY A. They do; there are fourteen items IN the
real estate accounts the cost OF the property Pine
represented STAT $3.50 81 on the debt side
S274, 1927 20
MI Rollins here stated that ho proposed to show
that items charged III tho real estate relate
agents balances and not 10 real estate at all The
count sets forth that $500 900 paid for tho building
Nos 81 and 80 Pine street Several minutes were
occupied ny witness giving the entries detail IN
the real estate account, and comparing these figures
with the gross amount.
y Did you have any conversation with tho doiend-
ants In regard TO who the parties were whose
are opposite those several entries? A. SAID TO Mr.
Wetmore these are not real estate items; you have
carried here agents. balances
MT Rollins offered the Items alluded 10 rs evidence
after which journal No. produced and handed to
witness.
q Turn to page II and state If there are any real
estate entries there. A. There are; ind ono undcr
date April z2 real estate Nos 81 and SO Pine street.
So COO; anu on page IL real estate, Nos 81 and 80
Pine street, SO, 04O 80
O. Were these entries explained to you 1t any NmeS
A. Mr.. We.more told me IN the presence Of Mr.. Case
and Mr. Walker that the total amount-$S0, GAO 30
represented cash paid for the building Nos 81 and SO
Pine street
AT the request OF Mr.. Rollins the wtnoss here went
over the several items appearing under tho heading OF
items OF agents balances had been inserted In that
account The books were offered In evidence.
Y what did you subsequently, ascertain in regard
to ,he balances you have alluded tot A. There were
number OF agents. balances which could not 20 got
into the annual report as assets, aud Mr.. Wetmore
and Mr.. Case bought property at Williamsbridgc,
paying for it Si1o, 600 and aierward charged IL IN
their statement as having cost Sl35, 0o0
q. We're the pencil figures In the cash book placed
there Ivy your A. they were not
CROSS EXAMINATION
The witness was crossexamined briefly by Mr.
Beach In relation 10 tho which he spec.
fled in MS testimony, and evidently explained them
IN manner satisfactory to the counsel, who IN liIto
while resumed his seat.
by Mr. Rollins-DId you have any conversation
with either o the defendants In regard to the building
Nos 81 aud 80 Pine strcctY
WiLness-Mr. Case tod me II $3.50 OCO and that
he considered IL u very good investment. The build.
ing real returned IN the annual state.
ment at $3.50. 600
Owing to the absence OF other witnesses she case
was adjourned until this morning.
LONG ISLAND SAVINGS BANK.
Justice Pratt. of the Kings County Supremo Court