The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-08
THEODORE II. WETMORE.

HE Is BROUGHT TO TRIAL BEFORE THE COURT
OF OYER AND TERMINER-A MOTION TO
ADMIT HIM TO BAIL DENIED-TuE PROCEED
mos.
On the trial Of tho Indictment for forgery against
Robert L. Case the late president Of the Security Lfo
Insurance and Indemnity Company, and under winch
he was convicted, Theodore X. Wetmore, tho former
vice president of the company, was examined "a
witness for the deionce 1t appeared shen that Mr..
wetmore had neither sworn to signed any official
statement Of Its affairs which had issued by the
company. II was thought, therefore,. that he might
testify with impuny Oh tho trial OF his former
ciate. On his crossexaminaton by the prosecuting
counsel IL Is claimed ho admitted having gone over
the books OF tho company, and, together with Pres.
dent Case and Secretary Allcn. participated In the
preparation OF tho report alleged boen false
and Tor swearing TO the correctness OF which pres
ident was convicted of perjury Upon those admissions
as TO his participation In the framing OF the
report and evidence taken the Case as its
gross a!sy an indictment was founded again st Wet
more Tor conspiracy, with Case and Allcl, to OBJ
struct the due administration of the insurance laws
by preparing and orwa rdng to the superintendent of
Insurance false report as TO the company's financial
standing. Under this Indictment wenore was placed
on trial IN the Court Of oyer and rermlnor, before
Judge Daniels anu a jury, yesterday. fhe accused
was represented by cxJudgc Fullerton, and the pros
ccution by District Attorney Phelps and his assist
ant, Mr.. Rollins.
MOTION TO ADMIT TO BAIL DENIED.
When the case was called for tria Judge Fullerton
mace a preliminary motion 10 quash the Indictment
This motion counsel based on the theory that mere
false statement OF the Affairs OF the company fur
nshod TO the super ntendent OF Insurance could
obstruct the administration OF tho law or It's enforce
ment, because the superintendent was not charged
with the enforcement OF the law by any Judicial
proceeding
Assis lant District Attorney Rollins argued al con-
siderable longth against the motion,
II tue report mad shown Insolvency or sufficient I'm
pairment OF the company's capital II would have been
The duty Of the superintendent 10 nave steps taken
Wind up the company and prevent II IRON making
further appeals 10 the confidence oi the mmunity
that tho making OF the false report copcealing the
real state OF affairs prevented tho Superb
from doing his duty under the laws, thereby obsruc
Ing the due administration OF those laws and tor
winch an Indictment for conspiracy would properly Iie
Judge Fullerton replied briefly, claiming IL TO be
well settled law that statute such that under
which the Indictment was framed must be strictly
construed and that construed the alleged act OF tho
could not be fairly Interpreted as obstrucl,ng
any Judicial proceeding.
Judge Daniels SAID the language OF the statute was
little ambiguous, and The design OF the Legislature
not quite cloaT. But IL was reasonable to conclude
that the intention OF the Legislature have the
law administered in relation to insurance les,
and he could see no ohcr object for the presence OF
the act on the statute book. flo would, therefore,
deny the motion which had been made on behalf OF
the accused, but would further consider II during tho
progress OF the trial.
OPENED.
Jury was then promptly selected, and tho case