New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-01-09
THE ARGUMENTS AND THE VERDICT.

At the opening of the trial of Mr. Wetm0re
Yesterday Deputy Insurance superintendent Mccall was
put the stand apparently to give an opportunity i0r
the production # The figures the on blackboard
90 as to appeal continually to the Of the jurors His
evidence was not important The prosecution then
rested.
John O. Mott for Mr. wemore asked the Court to
direct verdict prisoner the ground presented
in the motion to Quash the Indictment that tue con
spraay charged not to hinder or obstIuct tue exc
cuon Of the laws and the further ground that the
prosecution had failed to prove conspiracy The Court
denied this motion
William Fullerton made the closing argument for the
prisoner urging that there only questions oil
fact the jurors TO consider: Was the statement
false? and did the defendant cOnspirc with others To
make the stqtomentl On the latter point he argued tha
there was absolutely evidence that Mr. Wetmcre
acted in concert with Others and the jurors should be-
lcve that the prisoner had made mp these false state
ments alone. and imposed them Oh the other officers
that though q greater crime not the crime for
which he trial or for winch, undcf tils lAuic
ment, he could he convicted
District Attorney Phelps answered briefly. calling at
ention 10 tho necessary knowledge of the other officers
OF the Affairs OF the company their participation I'D the
statement and the fact that the secretary Kept the checE
book which showed the enormous discrepancy in the
item of cash in bank between the truth ana th state
,ncnt He also referred Wc,mOre'> admission OF
the fear of that young rascal Case, which his father
and the prisoner felt and by which young Case cxtortcd
money from them
Judge Daniels, in his charge told the jny that TINS IN
licnct was based the statute making combination
to obstruct the execution OF the laws miSdemeanor
The rr .oner had been vicepresdent OF the compaiy
since its formation. or eight years. lie wis
charged with a conspiracy with the president and secre
tary OF the COMPANY who, il ~aS admitted. were such
when the overt act was committed with ono Of t.in
or with some person unknown The law required thi>
company 30 make statement yearly. giving IL a~Sets
ana sp, ri wing the investments. The statement utde
Al nc close of the year 1870 by the president oh
pany was of these. The law required trns stale
Blu II tins statement false the prosecution must
establish. beyond reasonable dout. that mere was
combination 30 ma6c IT, II very rarely that direct
evidence could bc obtained OF ~ agreement 10 do MI
lawful acts. unless of the consTatDr- turned SG
evidence. The proof generally circumsantin In
regard II ta the jurors might consider the relation, of
Tie other persons 1hcy The OH, ers of tue
pauy and thrs knew the cost OF the real estate N-h'
n0t their signing the statement without examination
have weight some evtcncc Of prcconctricd scheme
was Nh McCars eyid nee q, 10 what vas said
10y Weimore himself rs TO the action OF ne
mcni was falsr The cost Of The real c-;a. hougbi IN
thc plyious April for Sls0OOp. STANDING ON he books
ut S-l7C0o was pl''ol m hr statement 81 9''O~'''
and Che property Wa valued az S3oo"Vo me ocirI.-
lectcd accounts 81 agent S"nt 81 Nh'A 'n-et u '
collected To- make up the desired amount Al OF Hi-
wa ioumiul and none Of y was 'ocoi ne, as 9,d =
by tn" insurance Department Ivy inc fain' l53'>, me
csSl !n bark made ~ from less tidn $1,000 10
-I72tnU Could there Dc dnubt iai ihr 0ti1nddNt
Wlfly and deliberately made these al'c statements
The purpose Of The staten. nj required Ndt l." enable
the Insurance superintendent 10 make S icpOr.s g. the
Ia isature for The information of 'hc public. more
ippnrtaut purpose mat when company was IN
solvent he might put The Attorney Gcucr IN motion 10
havc the nsciN cucy rcmrdcd, or the company wound
M This company ln Ol'cni 10 the amount OF nearly
- 900 900. and the f.hsty Of the statement Was no
d1ubl 10 prevent the performance of The du;y of the SUI
.rinri.cnt aud the Att"rnry tfencIHl JutGc Daniels
then c&planeI the night o the Prisoner to thc hcncht ~
4 reasonable doubt.
Mr. Mott had prepared some elaborate iaqGc-i- 90
charge. bat withdrew tletD, Tie cAarlr Lad covered
IuCW ALL
T.c jurors were about laf an hour ana returned
vii. y verdict Of guilty. Tho Counsel nosi for urw
fi.ai and a-acd delay of sentence uuu TINS m"rnne
r. prepare Tic b e. exception. The prisoners hthcr
on, roi immediate bail Tor hi- pending the motion.
Judge Dauics sad that tirt were some grave questions
t. ht considered. and granted te Adjournment to ihs
morn ii ana allowed te prisoner to 20 mcdnWh lc N
rsargr oi two court off cis.
Tac rs E,r who j, toity three years OF asc, look,
httc oder IL ], OF why form, ami over III" middle
height &c sccrcd 10 recover from tbt ngrvou.nr,s
Vuich be had .hOVn al some stage of tar trial wien c
yc;GiA was auuounud. and received 81 calmly lie
siio, - pYotc tcd To his counsel. however! against TAX
ing any appeal. lie said Lc hai on mod aud W:s Tms
10 take mis- punish ~ once. u would d. better INN
TIE suspense Do bad ccu -Hcri. for months, and wien
i:c dd rot wish prolonged. Though hc hi- wife amt
seven children, d. even preferred not 10 meet i' ~
prt.cut Hi counsel W.T. decide this morning whether
.. not ~ a.ccGe L. IL, wishes