The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-20

THE ARGUMENT FOR THE DEFENCE BY Ex-
RECORDER sMITH-THE CASE TO BE CON-
cLuDED TO-DAY.
Tho trial Of DR.. Thomas s. Lambert, President OF
the American Popular Lie Insurance Company, for
perjury, was continued yesterday. There was such
large crowd in attendance that bar mad be placed
across tho corridor outside oil the keep
out the surplus numbers. The whole day was occu-
pied in hearing the argument Tor the defence by the
prisoners counsel, cxRecorder smith. II was the de-
sire of Judge Brady to finish the case yesterdays but
as 1t was six O'Clock before Mr.. Smith ceased taking,
he was obliged to adjourn It until to-day. District
Attorney Phelps will make the argument for the
prosecution to-day, after which Judge Brady will
charge the jury. and they will deliberate upon the
verdict
ARGUMENT DEFENCE.
Mt. Smith, before beginning the summing up,
hande Judge Brady twenty requests charge the
jury points OF law, the principal OF which that
in order convict upon an indictment Tor perjury
every material point sworn TO must be disproved by
two reputable witnesses by facts equivalent to the
evidence OF two witnesses. Mr.. Smith began the
gument Tor the defence by appealing to tho sympa-
thies OF the favor OF his client, old gentle
man, ORR rom the bosom of his family and dragged
from a sick bed 10 answer charge tina. II proved
We, Toud s, csDSsp rso MIN Do ImSst was s very
mucD affected by his counseis cloquence and
began TO weep, taxing out his handkerchief TO dry
his tears Mr.. smith next attacked Mr.. Rollins open
IN. speech ior the prosecution, when he said was
very Dter and IN bad taste, even Tor private counsel
All tuat mad been shown by Mr.. Ncrritt's testimony
MIR. smith continued, was that DR.. Lambert desired
him 10 TO the jurors AID tell them that the prs
oncr was d good friend OF his and not u bad ana H. as
the newspapers represented Counsel believed that
Dr. Lambert had acted honestly throughout Mr. Nc
Call testified tnat DR.. Lambert had tod INN that
he knew pothing about the books iron, when the ma
ierials Tor the report were taken. Who're were tue
Witnesses or evidence equivalent 10 thai Of Two
Witnesses, 10 dsprove that statement here counsel
appealed Judge Brady, and tie latter confirmed his
Interpretation oil the pont OF law.
TIow LOANS.
Mr. smith next passed 10 the consideration OF the
Irow loans. me matter Of the iurniuro account, no
thought was all righ. The Insurance Department
had used TO accept urnture as assets nnd IN oruer
not TO have that apparent loss on their report the
company mad got Mr.. Trow to buy the furniture aud
huu loaned him the money to pay for II. Although
no money actually passed tue value OF the iuin
ture transferred 10 an account winch Inc lnsu-
rance Department would RECOGNIZE. TINS, the coun-
sci claimed, Tue company had right to 10 aud made
the supposIton that II the departin. nj should refuse
recognize real estate a. asscts the companies VINO
SHOULD noia estate would have right u transfer
IL u similar manner. III all the securities
of Mr.. Irow we're worth nothing at all aud
he ha riskcu $50 100 for the purpose of bostcng up
the company as ne md, the transaction w0ud have
been pei ecliy legitimate Mr. NTH commented
verely The neglect vi the prosecution to cl either
Mr. neel or Mr. Bancroft when they could have gwen
dIreci, not hearsay .vidence IN the case With re-
gard TO The insurance pohces taken by The officers Of
tue company counsel claimed that they were gcnu.
Inc as any policies ever issued Counsel next ar.
ragued the witnesses produced by the prosecution 10
secure the prisoners convction "a CONVICTION that
would be loowed by disgrace for the man aud ior his
family, conviction Or the word oil PERSONS whose
ow test rnony showed that they had been guity OF
PERJURY" mere was a greater number oil applica-
lions Tor policies which had not been taken out IN
proportion 10 their assets Ia this company than IN
any other In tue Unite1 States DID that look IKE an
attempt at raua? Ii inc officers Of The company
ha, been dishonest would ,n.y not. have taken all
those applications and put the money IN tnoir drawer
DR. amD,rl had stated that he signed the papers, but
the Ju'at Of the notary uad been anxcd TO u Ia MS
absence Another witness had destined that the bg-
ures had been nlicd in aftcrward, II there was u
reasonable doubt IN the minds OF the jury tins
point tncy must acqut the prisoner hr smith con-
cluded his argument BY strong appeal on The
strength OF the pIisoner's previous good character,
aud sad that the Doctor should not be sacrinccd to
gratlfy puDiic sentiment
Mr. SmIn's lumcut had lasted tive hours ana
halt winch, with Inc recess OF one hour occupied all
the zine from the opening OF court, at naf past
eleven A. NJ, to SIX T. III. Judge Brady tnen stated
that ~ IL would be Impossible 70 hear tue argument
OF the District Attorney and TO charge the jury that
night, no would adjourn the case unul this morning
at nalfpast eleven.