The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-14
PRESIDENT CtsE's TRT.fL
"Negiig~nt, Perhaps Careless, hut Not, Ne
Charged. Guilty Of reriury."

The trial of Robert L. Gaze. President Of
the late Security Life Insurance Company. was
fin shed yesterday with the exception of the
summing up. The prosecution having rested.
Mr. Winfield asked the Court "a direct the Jury
10 acpuit his client on the ground that Mr..
Mnclay. the notary had no recollection of the
alleged AFFIDAVIT on which the charge Of perjury
was based that MIR. Case did not swear that the
assets were 80 much. but that they were 20
much accorin. 10 the lrd,cr accounts AMI
further. that every allegation on which
perjury IL charged must he sustained
10y two witness 9 or their equivalent
judge Davis refused to direct a verdict. and
Mr.. innclI outlined Mr. Cases defence to the
jury. H. denied thnt Mr.. Cis. had committed
"a" 'rimr allrsc.i. He never said that the conn
ptny WIS actually worth So mu IA n rrn estate
l" snii tuut WIS worth So much ~ per ledger
account. H. didn't say TINT tho company had
50 mu. cash in bank but mat II mad 80 nlu n
Mr.. Winfield contnu "A. had been nesli.
gent. perhaps careless. But. II asigeni.
H Ias , diInt MAJ MN pcrurer. The
II doesn't follow that hc SHOULD br hunted down
guilty. II + easy % b. >'rn how the con panys
hooks, which were Not the work Of his own
hands or his hrun. not N" result Of his exam
alton. Wrcught tins mischief. The question IT
int 'ut inu .i'S almost ny crime. In conclu-
SION. Nr, Wnli"ld SAID. " am authorzed TO
say lhal Nr. ,,sr never swnre To the affidavit.
- this last proposition tne defence directed
"a" greater part Of th.r evidence" The point
mad" WIS that while Messrs. Case and Allen
= rnN d ~" annual siHi' mont they lid not swear
to il, ue Mr.. NJ. las. tn notary. affixed hi- sal
u $ dli nNi uihE" itr oath ia lu" form Of law.
Iu'wir -, the ouippny color.d mo~srnser.
J".n H. k'Nrls st.hgd that he took ihr
Mnruys office wnrr' tho s,'al was affixed anl
taat i.i' = sn.t- W"r' no' fn"rr.
lSia' H. All 90, the indicted 80 rotary Of the
con pany, corr"' rated Kub"rfs's testimony.
Sharply cross Questioned hy Mr. Rollins he
finally admit 81 tlut when he himself signed
dr not Occur TO b m that he h.ul not sworn 10
hmntl aft - pc VIE indicted lae, winter
Sour O. If". " .u i- under tudil tnlt ~ .nr en-
b-lzlcm"nt. confirmed the testimony OF The pre-
y.ous witness as To tllr signing OF the report
ana rs or,ns - M 20 ~" ho,ary by th" mes,
scn-cr. Mr.. W. tunre Wa- sui J.cttd 10 rigid
cros--"Xnni nation resarding the items under
the mead oi Hsseis IA TIE etuiemrnt. II" said
that in rstimRll ug tire it"m funds ia bank sub
le't Ia deposit he had Included moneys IN the
hands OF the company as,nis. rheroinpnnys
{" tlJu.uuO. he'ause hs Thought III. property
had u fcasrd IN value. II had not occurred to
him tlat the inw repu red him to state the
- COS, va!ue.' In the cAhh account put INTO the
rcport.on H. 3lst of December, 1875. he add.d
sumr 10000 received from Jan. | To 25. 1876.
lie did not deduct the expenses for the same
period.
Q was there any understanding between the orcer.
Of %" e"m 'n' To nn,o.e upon the pubic By a false
-Nht were w 'hs's dnres as President Of the
company An" lid nothing but -ign the reports II.
kn me- more aou the l,dler or the cash a.
count than n chid-nor Mr. Allen either. He knew
nothing about ui' ma Inner, At al
q How long did tlr company continue ~ nav di,l
dendst A-1ll within three tour mouths Of its fa.
uf sN ier cent sem, annunNv
Q.Mhen Was the last dNd,nd paid Am soven.
Q-Anl the company failed IL peccinler' Yes
Y . Ana was uielc more than <..UrurJ lpdtr water
Ayes.
Robert l.. Cqso. the defendant. took the stand
and WIS examined 10y Mr.. Winfield.
y "A VAN
had nohln- to do with #.
Q-Did you Anow any thns Of its conlsntsi A-Idid
Odd You read IL A-So. sir.
Q-Drl A"u sign ~ A-Nr> ar
Q-Dm you swear 10 ~ A.No. sir
Q-At the time YOU Signed thu statement did you te
heNe II 10 be TuHf Al wA- told -.
Under cross examination Mr.. Case said that
he received $1,000 n year Tor his services and "A
prroentag" that made his salary about tlOVOO
for the nrst live years. Alter that IL Increased
some.
Q-wha did YOU consider your duties as President
Al signed the reports Ni-itd the agents twl,r
year, and occasionally wrote letters and signed check.
0-Dd YOU know What amount the company had de
Q-Ddnt you have any idrs whether II had sl75 90
or sstif III only knew there WAS balance.
Q-Do YOU mean 10 swear that when yOu sIsned that
report You did not know whether the ;, curtN Lille In
surname. Company had more nearly 800 than sl71Vp
~ The Leather Manufacturers Bank A. only asked II
the statement was all right and did not inquire to TIE
balance
Qwhen Won signed the report did you mean 10 swear
to IT. \ Yes. Ir.
Q-Mmle you nave been Pre- side Of the company YOU
have signed several reports, Dad you 10 any
uemf al have Ia some Of them
Q-Dni YOU swear without luokngf A. Yes asked II
they were all rght. ami slgned my name
Q-nni Nou"N read the oath you Took A-No
O-When dad It hr,t orrur 10 YOU that you mad not
sworn To the last rrportf A-Yesterday when Mr.
Is