The New York herald., 1877-11-14
Conclusion Of the Trial of the
Security's Ex-President.
oATAs AMONG INSURANCE MEN,
Remarkable Defence Set Up by
Counsel Yesterday.

partmcnt NJ Albany was continued yesterday Dcioro
Chief Justice DAVIS. IN the Court of Oyer and Ter
miner AS on the previous day, District Attorney
Phelps and Assistant District Attorney Rollins ap-
pcarcd Tor the prosecution, cx-Juigc Fullerton and
Charles T. Winfield conducting the defence William
A. Beach being absent tho trial OF In another
court ~sta
| M'cALL RECALLED.
John A. Mccall, Jr, Deputy Superintendent OF the
Insurance Department who testified for the proscca
ton the preceding day, again called TO the wit
stand by Mr.. Rollins and testified as folIows:-
| Owing to the resignation OF Mr Chapman Mr. William
smytho acting Superintendent of Insurance on
January lG, 1876; he hud previously boon acting as
deputy
THE BANK ACCOUNT
/ Samuel G. 7. Beck QUO OF tho deposit clerks In tho
Leather Manufacturers Bank, testified that tho Sc
cury Life Company kept an account with that insti-
tuition n 1875 the book now produced shows the de-
| post OF thai. company and the check drawn; oyery
single deposit check Is not entered by itself, but
| only the amount drawn or Deposited In one day
| O. What do you ind tho balance OF the Security
Lite TO bo December 81 1875 as indicated by your
book9 A. think the balance December 81, 1875,
was about SIS, 900 on tho evening OF that day.
| O. Is thero any entry which should correspond 10
that? A. There ono OF 81, ,9oo which would leave
| balance Of about $11, 900.
The prosecution here rested their case.
THE DEFgyCg.
| Mr. Winfield, aftcr promising his remarks by the
statement that he was aboring under the dsadvan.
tage Of having attended tho at Its OUTSET that
ono OF tho counsel was necessarily absent apd the
| other (ex-Judgo Fulerton), who was In Court,
| was indsposed asked tho Court to instruct
| tho jury TO acquit the defendant His reasons
Tor making The motion, counsel said, wero:-Flrst,
that tho proof was wholly insufficient that no affidavit
Second tina. the aav does
not OF itself provo that the party charged with making
ne aS s aoar Mas on
tho witness stand he had no recollection MS 10 tho
parties who appeared before him when the affidavit
| was made, and could not swear that any
| OF the parties wero before him az any
time that purpose. Third, that the law requires
that the alleged falsy OF tho AFFIDAVIT shall be noga-
tived by two witnesses before follow,
while bo prosecution mas not attempted TO prove the
tasy or the statement At issue by either one or two
] witnesses
The Court, in reply, stated that tho evidence had
already shown prima facic case against the do
fendent and that IL deemed It was incompatible with
tho ends OF justice TO arrest the proceedings ut thnt
1 stage. The motion was therefore dened
After several OF whispered conversation be-
tween counsel for the defence Mr. Win1old proceeded
jury. lie said it was OF considerable Importance
whether viewed connected with the interests Of the
pubc ut large or in the interests OF the aged man
accused OF Of tho greatest crimes known
| to the law. IT he be u criminal u Is tho aim Of
the law TO convict and punish him The law,
however, demands no victim but simply requires
that those who offend shall suffer punsninont Tue
deendantis not to bs convicted because The opera
/
dicto wero disastrous TO the community no Is only
to be convicted II guilty and not because the sort OF
company he found himself IN as an insurance officer
/ proved unfathui 10 the trusts reposcd IN u. In
the indcimsnt they have not charged US
with making iasc tue books, but With max
Ing an aii iavit account wEon we had such
account, whereas tho oath which they charge was
Tue defendant swears that tho company worth
much per ledger and had SO much IN bank, as per
ledger account Iu regard to whatever discrepancies
found in tho books, IL would be shown to
the jury that tho defendant ncggcnty or carciussly
because OF such negligence 10 the ION Of
his unusual work and duties that the defendant must
be pursued or hunted down by tho prosecution rno
aint hs parL II is the duty OF the prosecution 10
prove the intent or this transaction, to prove the
alleged false oath q criminal act by reason OF the
| intent
TESTIMONY FOR THE DEpEScR
Ex-J udge Fullerton called TO tho stand Cyrus
Curtis who testified that hc has been living In this
city for tho past thirty years. that no IS President OF
the Washington Lie Insurance Company; that ne had
| known the defendant intimately for nearly thirty
years, and during that tmo had never hoard thing
against his integrity.
Allen James Sherman, formerly judge in Orange
| county; samuel !. Brown President OF tho Bowefy
Savings Bank tof which the defendant was q former
| Homans, actuary OF the Mutual Life Insurance Com
pany; Moses L. Ely. General Davies and othors also
testified 10 tho excellent character hitherto born0 by
the accused.
John Roberts (colored, testified that no had boon
employed as porter and messenger by the Security
Llio Company; remembers when the report OF that
company next before its failure made to the state
4
report myself to tho onice OF Mr.. McLane when tho
latter signed IL and put q seal on, alter which re-
turned II TO the Office OF tho company; Mr. Case was
not the olice when ! took tho report which was
handed to mo by Mr. Wetmoro
MR.. ALLEN !. TESTIMONY.
Isaac H. Allen, Secretary OF the Security Lilo Com.
pany, testified us foows:-l am seventy one years
old, and have acted secretary OF tho company from
Apsil, 1862, down to the time OF It's failure; am
now under Indictment also; Mr.. Case anu
h.. report At the 0Se aid no,
IL; we both siguci 1t substantially ut the time;
Roberts took the report - the notary; the company
made Que for this State every year, ard hall
dozen Tor other states; can't say positively that they
all required 10 be made under oatn signed all tho
reports for this State; not sure that won.
before a notary aud sworc them; have novor taken
an oath always affirm when necessary
xanincd-Thero was no deliberate purpose
on my part not to swear or air 10 the truth tho
statements mado had no doubt that tho law required
the reports 10 be sworn to- cannot say how much cash
there was IN tho companys Office on December u,
1875; do not recollccI precisely how much the CON-
pany paid Tor ha, property In Pine street. have heard
II was less than 5000 OU0
q IL appears IRON this book tnat the cost was
sl5o,OC0; did you know when you signed the report
member whether did or not.
@ Have you ana Mr. Case had conference on this
subject laielyy a. have never seen Mr. Case to
speak TO him since the companys affairs were placed
IN the hands OF u receiver
Re-iirect-Such parts OF the report camo under
my jurisdiction know to be true.
Mis wEIMoRs's TESTIMONY.
Theodore X Wotmorc testified as iolows:-l was
connected with tho Security Lfe Company AS vco
proadcnt during the whole OF its oxislencc recollcct
the last annual report made 10 tho Statc; It was
signed at tho Office and atterward tho office Of
Mr.. McIano by Roberts; neither Gaze nor Allen wont
with him; every statement made out that year
sent to McI.ancs Office in that way; while Roberts
gone Cuse and Allen were out 0f the o1icc.
Cross -examined-Am under the misfortune Of being
indicted 0r my connection with tho security Life
did not examine tho report; only assisted IN max ng
II up
q How did you increase this entry OF 5000 Ia ono
account 10 $lI5 900 In anothcrY A We always con-
sidcred tho agents balances as SO much money In
bank.
/ q Some OF those balances wore o. much account,
thcy notf A. Yes, sir,
q. Do you know what tho Security Building, In Pine
street. costy A. think II cost $1SO, 900
The witness continucd-l assisted IN making up the
account which incuded the estate; tho explana
tion Of the ngurcs S247 900 IN one account, and
$500 900 In another, is that real estate n value
closed up many of the agents. accounts when making
the report and raised tho value OF the real estate 10
what We thought II was actually worth; there Is no
connection between real estate and agents balanccs
the latter would not DO received as assets but II pus