The New York herald., 1879-01-03
THE INSURANCE CONSPIRACY.
CONTINUATION OF JUDGE SWEETS ARGUMENT
FOR THE DEFENCE-A HALO OF INNOCENCE
THROWN AROUND THE AcCUsED-sTATE At
ToRHEy HAMERsLY's ADDRESS.

FOR THE DEFENCE-A HALO OF INNOCENCE
THROWN AROUND THE AcCUsED-sTATE At
roRNEY HAMERsLY's ADDRESS
BY TELEGRAPH TO THE HERALD
HARTFORD, Conn, Jan. 2. 1879.
In the Charter Oak conspiracy trial to-day Judge
Swett Of Chicago. resumed his argument for the de-
fence and in opening defined conspiracy as differ
ing from ordinary charges Of crime in that it does
not mean crime committed, but merely an agree
ment to do an unlawful act. Our law in this coun-
try is based upon the statute OF SO Edward "A. d..
1897 which sets forth that the of the crime
is an illegal agreement. and that those who
conspire may be punished. although they fail to
nit the plated illegal act Regarding the 1875
report the speaker claimed that it was made up ac-
cording to the usual praotce-from the books. The
correction of the premium note account at the in
stance OF Furber was commented on as a reduction
of the assets wholly at variance with the that
would have been pursued by men who were plotting
to defraud. Considering the 1876 report the speaker
claimed that it unfair to make general
reduction Of all the real estate assets
simply because it was in evidence that few
of tho pieces were not worth wla. was claimed
Whether the others were worth what they were put
in at or ten times that amount not shown
Taking up various disputed assets he claimed that
the s2l9,0OO mortgage on Vale Railroed property
benefit OF the company; the Higganum mortgage was
on property worth the amount loaned, and the West
Virginia property cannot be held to be worth only
its value woodland given by the grayback resi-
denier' witnesses produced by the State who knew
nothing Of enterprise or developing the lands OF
their own State.
THOSE SUSPICIOUS CONTRACTS.
The several contracts were next considered, and
Judge SWEET claimed that the allegation had not been
proved; that they were made between the accused
AS individuals and themselves officers OF the
Charter Oak. The Furbcr contract was made before
Mr. Furber became an officer The White and Wiggin
contracts made with the Board of Directors of
the old management and 1t is in evidence that notlng
was paid the White and wegin contracts. because
Mr. furber forbade ii until the company solvent
These contracts 1t should be understood, in the
nature rewards :or securing aid for the company
in its hour of trouble when it threatened 70 80 to
pieces.
What was the result of the Furber management
A declaration is III evidence that by ordinary re-
cupci alton aud srewd management OF the insurance
business alone there was in the twenty months. an
Improvement OF SSGy,0JU, and "a million was made by
Furbcr for the company in the New York real estate
trasa action for he passed Off in the trade the worth
less Valley road second mortgage bonds and secured
paying property in their seead President Bartolo-
new OF the Charter Oak, testjies that IL good
trade md the company would not change back again
il it could In conclusion the speaker urged that the
jury should not permit themselves to be prejudiced
because the accused were nonresidcnta. but should
act fairly and fcarcsly and give that verdict which
the evidence justifies--Sot guilty. Judge SWEET re-
ceived many congratulations upon the close of his
remarks.
ARGUMENT By STATE ATTORNEY HAMERsIY
State Attorney Hamersly occupied the afternoon
session. and opened by reviewing the difficulties in
proving conspiracy and the great advantages
juycd by the defence under the Connecticut awp OF
evidence In defining conspiracy he cited numerous
authorities bearing upon conspiacics alike against
individuals corporations. The point he sad for
the jury to decide whether there had been a
spiracy in the present case--that IN. common and
mutual understanding to get control OF the Charter
Oak for the purpose o putting money into their
pockets.
and when Furbor talked about coming into II he
fused to do 40 with continuance of the MANAGE
ment that bankruptcd the institution. The spoaacr
the company December, 1875, with tho object OF
getting the control of the company into Furber's
hands, and the apparent proof that all Of the stock
was paid for out OF the company's funds.
The Furber, Wiggin and White contracts de-
nounccd clear frauds against the policy holders
and gncd 10 transfer large portion OF the trust
funds into the pockets of the conspirators Whether
they did really swndlc the company is not 80 much
TO lie considered the intent to dciraud. great
number of authorities were cited In support OF the
claim that these contracts illegal between
directors members ot the company and the COM
pany itself. On the proof tina. while hold
ing positions of hdueiary trust they had
made contracts with the company for their own
benefit the sta might safely rest it's and depend
upon the Jury to render verdict declaring the guilt
Of the corspirntors AS to the asset OF SSUOOOO con-
tributcd by Mr.. Furber the speaker claimed that
Furber was fully protected without the fraudulent
stipulations for extra payment. and was proceeding
~ describe the wnen the Court ordered ad-
journmcnt until ten o'clock tomorrow.