New-York tribune., 1906-04-19
PERKINS LOSES POINT.
Writ of Habeas Corpus Dismissed by
Justice Greenbdum.

Holding that the question of intent In the aIlega-
ton of crime is for the jury to decide Jpsuse
Greenbaum in the Supreme Court yesterday DIS
missed the writ of habeas corpus sued out by
George w Perkins. who was arrested on charge
of grand larceny in connection with the s4S'oOo
contribution of the New York Life Insurance Com
pany TO the Republican national campaign fuho OF
1904 He also holds that campaign Contributions
by corporations Illegal
Mr. Perkins, who at the time OF the transactions
IN question was vice-president of the insurance
company was paroled in the custody OF Lewis L.
Delafeld his counsel after being arraigned before
MAGISTRATE Moss. After being remanded to the Gus
+odv Of the court again yesterday, Justice Green
hauro stated that Mr.. Perkins would be placed in
the custody of his counsel until the question OF
the legality Of his arrest has been setueo MI
Deafied would make no comment on tho oeclsioh
last night. except TO say that he would fiie an ap
peal at the earliest possible moment Justice
Greenbaum, III long decision which covers the
entire ground of grand larceny and the contrlnu-
ton Of the funds of a corporation TO poNt.cal ana
other purposes, says in part:
If the act of the trustee in appropriating trust
property 10 the use of another was Illegal and a
breach Of trust, and If the act was wlltuliy done
the criminal intent may be inferred from ] dme acs
itself. The proof of intent in such case would OF
course, be presumptve only, subject TO be overcome
considered by the jury called on to pass on the
question of guilt. Indeed. in all cases where intent
crime the question of intent must be submitted to
the jury, who alone may determine the fact
Justice qreenbaum then goes on TO discuss as 10
whether the application of corporate funds to po-
liticaI is illegal. He argues that II is the
business of insurance company TO participate in
political questions ITO encourage the unauthorized
use Of corporate funds TO political purposes" he
says. might result in the creatures of the state
becoming it's masters" He continues:
If correct I'm assuming that a corporate gift
for political purposes is wrongful and. therefore,
illegal then. in where a trustee of a cor
poration, like life insurance company knowingly.
consciously and deliberately appropriaes the money
OF tho corporation to the use of political
paign committee, there would be present all the
elements to establish the commission of the crime
of larceny, and reasonable grounds for believing
that the person charged committed IL.
1t seems that counsel for Mr. Perkins filed a sup
Elementary brief trying to show that the amend
rrent to the corporation law referring to political
contributions passed last Monday should have a
bearing this OF this Justice Greenbaum
the accused might be permitted to testify that he
ing political contributions as bearing upon the
absence of criminal intent. The crime with which
Mr. Perkins is charged. says the justice must rest
fall under the statutes in force when il is al
legged have been committed.
AT the annual meeting of the directors of the
Washington Life Insurance Company held on
Tuesday, John Tatiock and Charles H. Allen were
elected president and vice president respectively
They went into the management of the company
when it reorganized after the retirement of
the Brewers, in the latter part OF 1904.