The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-09
WETMORE CONVICTED.

ANOTHER INSURANCE OFFICIAL UNDER THE BAN
OF THE LAVA NOTABLE TRIAL FOLLOWING
THE CONVICTION OF ROBERT L. CASE
The trial OF Theodore II. wetmore, charged with
having conspired with the President Secretary OF
tho Security Life and Indemnity Company to impede
the enforcement of the laws by making false
report OF tho compapy's affairs, was resumed in the
Court OF Oyer and Terminer yesterday before Judge
Daniels and jury. AS the preceding day, ex-J Judge
Fullerton and Mr. John o. Mott represented the ac-
cused and District Attorney Phelps and
Assistant District Attorney Rollins the prose-
cution. II was stated by parties connected with
the trial that young Case, presented in tho
Of having blackmaed his father by limitations OF
exposure OF tho ialsty Of tho returns If he did not
give him money, had left the city and was not avail
able AZ witness The only iurhor testimony offered
on behalf Of the prosecution came out in continue
ton OF tho testimony OF Mr.. Mccall the Assistant
superintendent OF Insurance. but in IL there was
nothing that has not been already made public In the
trial OF Case, his associate in the company.
pEFENoE.
little before the hour OF noon, the testimony for
the prosecution having closed, ex-Judgc Fullerton
arose, as was at first supposed to open tho Tor
the defence 1t soon became apparcn: from the tenor
the accused testimony as submitted on behalf
OF the prosecution. Arguing upon this, he intended
that tho testimony had utterly failed TO establish
conspiracy between the parties named. So far from
this tho evidence showed that tho entire report had
been prepared by the accused alone, and Case
Allen were entirely ignorant of It's truth alsity.
Case not having charge of that branch Of tho COM
pany's affairs and Allen being old and know
ing no more OF the Affairs of tho company than a
child. Without knowledge of the contents
OF the report, and concurrent and mutually under
stood intent To make 1t false there could be no con-
spracy In law
PROSECUTORS ARGUMENT.
District Attorney Phelps followed on behalf OF the
prosecution, contendng that the whole testimony
showed all three parties, certainly tho accused and
Case TO have been familiar with the contents OF
the report ana It's falsiIy, and their intent TO
would necessarily have to be inferred from
tho fact that they mado Il. In critcising the limo
defence Mr.. Phelps SAID II asked that
be acquitted and allowed TO 60 unpublished, the
theory that though no was tho most culpabie Of all
no did II all alone. But this theory had not Doen
tanned by the Testimony, MS all were familiar with
books and had participated in framing the report IL
had also appeared that when young Case wanted to
extort money from the company no always went TO
Case and the accused together and to them Jointly he
held up tho consequences oil having made false
ports, thus showing that no knew both OF them
Jointly responsible. In tho face OF all this The jury
would have TO nnd that all that was done by
Wetmore alone or else they would have TO convict him.
JUDGE DANIELS CHARGE.
Judge Daniels then charged the jury, going very
FULLY both tho law and the facts presented in tho
Case Alter stating law requiring an an
nual report from Insurance companies aud the forma
Tics necessary thereto no said the accused charged
not only with making false report whereby false as
sets 10 the extent OF about 81 900 were inserted
but with having made that report IN pursuance Of
spracy TO thai effect between him and the president ana
secretary OF the company, and with ntent that false
impression to the sovency OF the company should
be made on the mind OF the Supern tendent of nsur
ance, thereby preventing him, would have been his
duty II permitted to know the truth, from taxing the
proceedings provided by tho statute to onion tho
company from a further continuance Of its
business and to wind up It's affairs II
tho jury should find that, with thus INTENT
tho accused had prepared false report,
aud that such report was prepared the result OF
conspiracy between the three persons named in tho
Indictment, or even between the accused and any
OF them, then they would be Justified In finding "A
verdict OF guilty. Although there was no direct
timony as to tue formation OF this conspiracy yet IL
was Ia the province Of the jury TO draw that concu
sou from all tho surrounding facts II so warranted.
They might fairly consider II, when this report was
prepared by the accused and submitted to the prcs-
dent for his approval and TO be to by him, tho
latter would have SO disposed Of II without question
uness II had been prepared IN pursuance OF some
them. Tho object Of tho Insurance. law to keep
under surveillance such companies as these, SO
that tho public might do business with solvent
instead OF ipsolvent companies, and that there
might be some assurance that II any losses to
parties Interested IN insurance should arise tho
pauies would be in a condition to pay them. Under
the statute became the duty OF the Superinten
recommend TO the Attorney General the institutng
OF proceedings to close up nsoivent companies, and
II would be tor the jury TO whether the false
port was INTENDED to impede the execution OF the laws
in this respect The prosecution was bound to provo
afirmatIveiy and beyond reasonable DOUBT all the
charges IN the indictments; but such reason
able doubt must be vol founded, and not
tho accused. II The jury beyond reason
able doubt, should ind That tho report prepared by
the defendant false and that with tho
Of other more persons with intent TO i'm
pode Tho enforcement OF the laws against the COM
pany, then justice to themselves, the community
and The accused required that they lind verdict Of
guilty.
THE VERDICT.
Tho Jury retired little alter O'Clock r. H. and
after absence OF hall an hour returned into
their countenances bearing evidence To all that their
verdict would DO adverse 10 tho accused AS soon as
Judge Daniels called from his private to the
bench the verdict OF tho jury was quickly rendered,
pronOuncing the accused guilty as indicted.
District Attorney Phelps then moved Tor sentence,
but Judge Fullerton said they desired time In which
TO prepare and exceptions II was alter br ief
consultation, agreed that the prisoner be allowed until
today 10 renew his bail, and That then future
day will Do fixed Tor proceedings IN the APP
peal In tho meantime Wetmore allowed to re-
main IN the custody OF Court Olcer James Neals.
The Court was then adjourned, and number Of
friends well his unset remained for littie
time In conversation with tho accused, to some Of
he expressed himself To the effect that he was
halt inclined ask to be- sentenced at and DO
mus renewed from all iurthor suspense. The offence
OF which Wetmore has been convicted bong only OF
the grade OF misde mcanor his sentence must
light