The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
CHARTER OAK CONSPIRACY.

IMPORTANT DECISION BY JUDGE HovEY-CoE-
IINUATIoN OF THE LEGAL wRANGLINa-EvI-
DENcE FOR THE PROSECUTION.
by TELEGRAPH TO THE HERALD
HARTFORD. Conn. Dec. 8. 1878.
The Charter Oak Insurance conspiracy trial re-
sumed in the Superior this afternoon the pend
ing matter Of Importance being the decision of Judge
Hovey on motion of the prosecution for leave to
amend the second and third counts Of the indict-
ment, the name OF the insurance company hav-
ing been incorrectly given The court room was
thronged. Judge Hovey said that he had given
the subject very careful consideration and proceeded
to cite various authorities showing that such errors
had been made in this had often been decided
to be fatal. The Judge noted to the third count.
the objection of the defence that the proposed
amendment would make it the equivalent Of new
information. and continuing said that If the de-
PENDANTS had not taken exceptions when they did and
the had gone to the jury he should have felt
compelled to charge that had been proved be-
essential part Of the allegation had been
proved-viz the existence Of the corporation whose
policy holders it was alleged. had been defrauded.
Therefore. the Court decided that the third count
could not be amended This alleges that the accused
in November 1875 conspred to obtain control of the
stock, Offices, property and assets of every kind Of
the company, with the purpose-as stockholders are
officers OF the organization-to handle, sell and
invest the assets to enrich themselves to the detr
ment Of the company and it's policy holders. Re-
ferring to the second count to which an amendment
of the same nature was sought to be made.
the Court said that it differed from the
other in that it alleged conspiracy to have
been performed on the LIST and also the 3lst Of
December, 1875, consequently the Court decided to
allow its amendment. but not TO prejudice the
rights Of the defendants under the statutes of mi
taton. The conspiracy alleged in this count the
conspiring to deceive the State Insurance Commits
sioner by making fraudulent return Of assets show
ing that the company solvent. when i'll reality it
insolvent. the assets being stated at $4,000 OOO
when the true amount was only $0,000.OO0.
EVIDENCE FOR THKE PROSECUTION.
The evidence for the prosecution then began with
the testimony of Halsey Stevens, secretary Of the
company at present ana during the period of the
December, 1875, 134S shares, majority OF the capt.
tai stock transferred by various stockholders
Mr.. Furber and his associates, mainly, however to
Furber. Records were produced showing the cleo
1875; also contract dated November II, 1876. made
between Furher and the company-the famous
"Furber contract" under which the financial man
agement OF the company passed under his control.
The reception OF this contract in evidence OBJ
jected by the Defence the ground that the allie
cations relating thereto were not sufficient in law.
not admissible under the special allegations OF
the indictment and at variance with the allegations
and the contract After arguments OF two hours the
Court decided to admit tho contract in evidence.
Next produced contract between the president
and treasurer, in which it is agreed to pay White
salary OF $500 per annum and two andps half per
cent on all net premium receipts for tive
years. The defence also noted objection to this
in evidence on the same grounds ~ the Furber con-
tract. A similar contract with +. r. Wggin was
asked from witness, but he was unable to produce
the document ut this time. There was nothing else
OF interest in the examination OF this Witness except
that he agreed to produce tomorrow various docu
ments called for relating the assets hand when
Mr. Furber assumed the management, and also in re-
lssion to the Allen, Stephens Co. blanket mortgage