The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-31

Their Appeal Decided Adversely Lambert
Nriting Books In the Tomrs.

Judges Donohuo Ingalls,, and Lawrence,
sitting in the General Term Of the Supreme
Court. heard in March the appeal. 10y writ of
error, OF Robert l.. Case. cX-Prt-idcnt OF the
Security Life and Annuity Con pany. and Dr.
Thomas s. Lambert. President of the American
Popular Life Insurance Company. from their
conviction OF perjury in the Court Of Oyer and
Tcrmncr. They gave their decision yesterday.
1t aiilrms tho judgment Of tho Court OF Oyer
and Termner.
Robert L. Case WINS indicted for perjury on
the LIST Of February. 1877. His trial began in
the Court Of Oyer and Termincr. Judge Noah
Davis presiding. on the 18th OF the following
November. The Indictment upon which no WIS
tried charged that he wiliuy misrcpresentcd
the condition Of the company in report 10 the
Superintendent Of Insurance sworn to on the
18Th Of February. 1876. Though Assistant Dis
trict Attorney Rollins. who opened for the pros
ponys surpIns ON on III tRe Sis; G' Of DceemH"r @ %
1879, at i5l5.O00 whereas there was then
u deficiency of $4,000 oO0. the testimony was re-
strict"d SUI slant ally to two items IN the rcpor'.
Mr.. Cas-" swOrc. Mr.. Rollins claimed tho testi-
mony showed, that the company had on hand,
subject TO draft 5000 600 sf72 900 in bank and
100000 in the Office. whcreds il had only 5000 in
bank. and. on the day before Mr.. Case swore 10
the report. had TO borrow sj.QnO To- mako good
latrd 10 the real estate Of the bank
The FIRST witness Tor the prosecution was
Mr. ci b. Ma Sna sane ney Rn RS rs TSnica q
the company, ns the men who swore before him
To- The truth of the report II WIS claimed for
the defence that Mr.. Case did not 40 before the
notary io swear 10 the report. but scnt the re-
port To- the notarys office inter he had signed
the appended affidavit. and that this constituted
n perfect dcfrncr Mt law. The trial ended on
the l4ih OF November the jury. after delher-
ating half nn hoGr, convicting Mr.. Case. Judge
Davis sentenced Mr.. Case to State Prison for
five vcHrs. His lawyers appealed to the Cen
cral Term Of tho supreme Court. md obtained
Mr. Cases release under bail. pending the de-
cision upon the appeal.
Thomas :. Lambert. VI. n. IL. D. was In
year. His trial began in the Court OF Oyer and
Tcrminer. judge Brady presiding. on the 9th
Of the following December. Tho indictment
charged that he wiiully misstated the con
tho superintendent of Insurance. sworn
to early in March. 1877. A. in
Mr.. Case trial tho jurors Mer" IN consultation
for only half an hour. They convicted DR.
later. asked Dr. Lambert whether hc had any
thing to say before snut'u' 'c was imposed. the
Doctor began spr'rh. reuucning the cnse. that
lasted for nours. Judge Brady scnt,nred him
Nj. Ca-e's. appealed To- the General Term Of
the supreme Court. Or. Lambert. however.
had no rich friends 70 give bail Tor him,
AMI hc has boon IN IN" Tuml- pending the de-
cis,9n upon tne pppcal. lie has occupied y CELL
in Muir lcrrrs Row, ON the ground tier. and has
been allowed tocNer Use freely in the corridor
He has had books and writing materials in his
cell, AMI, II IS said, has written several works
Ii l. also said that he has secured n patent for
the lnproNement upon the oven ut COOK stoves
Or. Limb,rt said yesterday that in all proha-
hility. his lawyers will take an appeal to the
Coug, ul Appeals. and he does not doubt that
they Will hn successful.
. Mr.. Casr's lawyers. 1, Is understood. will adopt
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