New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-07-31
CASE AND LAMBERT.
THEIR CONVICTION AFFIRMED.

THE LAW FOR LIFE INSURANCE OFFICIALS LAID
DOWN BY JUDGES INGALLS, AND DONOHUE.
Robert L. Case, president of the Security
Life aud Annuity Insurance Company, and Thomas s.
Lambert, president OF the American Popular Life ln
surance Company, were each convicted last Winter OF
perjury in swearing TO false statements Of the cond
ons OF their companies their reports TO the Insur
ance Department. In both the main defence was
that they had trusted TO the other officers IN making
their afidaYits, and IN each subsidiary
defence was set up that the nOtary had no right
10 take the oath! Lambert undertook TO prove In
addition that his statement, Though I'm fact false,
IN its spirit true, but failed. Both appealed Judge Da
Wis having heard case and Judge Brady the other
and both cases being similar in their legal aspects
these judges declined TO sit in review of tho questions
and Judge ingalls, presided, calling In Judges Lawrence
and Donohue The Judgment Of the General Term, NJ
rming the judgments OF the Court Of over aud Ter.
MINER were gwen yesterday.
On the Judgment OF Robert L. Case Judge ingalls,
gives the opinion He holds with Judge Davis that 1t
is defence that the affidavit was made on belief when
the aiant ought 10 have known tho facts The qualify
ing words, "to the best Of their Information,
knowledge and belief" do not apply 10 such
statements, though they might well apply to facts
and statements they must necessarily derive from their
employees Judge Ingalls, decides that the statement
was properly fled with the Superintendent OF Insur-
ance. Case assumed the responsibility Of stating,
knowledge "Any other conclusion would enable the
officers such a company to eyade the substantial
quirements OF the statute by basng such statement
upon what the ledger revealed which might possibly
manipulated for the purpose OF exhibiting particular
and desired result In tins the question OF whether
the oath was actually administered by the notary WIS
properly left TO the jury and their decision IS final" As
10 the motion for O new trial newly discovered evil
dence. JUDGE ingalls, holds there no evidence
within the meaning Of tho law
fOllnWg.
not nsensble TO the sad consequences which at
tend this conviction TO person advanced In years and
who has been respected and honOred by the community
we cannot overlook another consideration, that
the very qualities TO which such prominence given
the trial had inspired the community with degree
Of confidence which led TO his selection TO discharge the
trust which lie has so grieYOusy violated. His
evidence showed that ho had been utterly inaten
tive TO the business and concerns of the company and
his ignorance of It's affairs urged in support of his
who assume the responsibility OF such positions will
recognize the duty which they To those whose prop
erty is nIsted 10 their care and execute such trusts
Judge DOnOhue gives the opluiOn In Lamberts case
posing OF mostof the questions Ia this case aud that
the evidence satisfies the Court OF the fasity OF the
statement sworn To by Lambert The statement OF pre-
NUNS due effort put in assets premiums on
policies not existing. The alleged cash absent The
secured ndeDiedness was statement OF an item not e1
isung. The point raised that the notary was nom
resident could not be listened 70. II would make
a long investigation. 10 was one only for the
consideration OF tue appointing pOwer-the Gov
eFnOr. the real question for the jury was, Did this
defendant falsely represent and swear 70 statement
known 10 be falsei The evidence justified their con-
clusiOn While IL IL true that no mere mistakes
honest should be punished erminay IL Is equally
clear that unless officers OF such institutions held To
honest and far dealing no safety whatever exists and
violated IN TINS case was one Of the most necessary
instance the Court should not be astute 10 nd grounds
TO allow the defendant TO escape"
ask that his BAH be renewed pending hs appeal TO the
Court VI Appeals.