New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-31
PERKINS CASE PUSHED.
Continued from first page.

sisting that criminal intent was Essential in
proving this case.
A discussion Of the difference between nahum
prohibitum and nahum in Sc occupied the next
ten minutes. Justice Greenbaum finally asking;
Suppose that money were paid over to be
used in corrupting legislation would that be
/ nahum prohibitum?"
Tt certainly would" returned Mr.. Cohen.
and nahum in Sc we'll"
Explaining that all corporations had many
dealings outside their charters, ex-Judge Cohen
declared that many of these were not illegal
He continued:
Suppose that on the outbreak OF the Spanish
war Mr.. Mccall had directed that $4,000 OF
the cOmpany's money be expended to fit up a
ship to carry food to our soldiers and sa1orsE
Suppose-which was a fact-he directed that
large sum be contributed for the relief or the
Johnstown flood sufferers? Ultra wires, surely,
but not Illegal; far. far from criminal he ala
the same thing for the sufferers in New Orleans
during the recent yellow fever epidemic. It
could not be claimed that this Of benefit to
the pOlcyholderS, as might well be claimed IN the
case of campaign contributions when one con-
sders the danger TO the great fund which was
under his care Was this criminal? Suppose he
told Perkins to make the contributions? Surely
nothing criminal about that They may be civ
ally liable If you like, but never criminally.
Mr.. Mccall knew when he authorized these
payments that they ultra wires, but he be-
lieved that he acting for the best interests
Of the policyh holders Of his company. There was
no concealment. nothing but perfect frankness
at every turn. When questioned about the mat
ter Mr.. Perkins made TO attempt TO keep II
secret.
MR. JEROME INTERPOSES
The District Attorney was on his feet in an
instant with the assertion that his opponent had
wandered far away from the real question. He
declared that all the court had to consider was
whether or not a crime had been committed, and
that it could easily be shown that any officer
who aided, abetted solicited such criminal
action was equally guilty with the man who
drew the check
On the question Of intent, Mr.. Jerome cited no
end Of authorities. He finally declared that fe-
Ionious intent was left as fraud is left-without
a definition. He contended that a subtle, moral
wrong was necessary to make such contribu-
lions criminal, and that this wrong would
be apparent to honest minds. He held that CON
tributng to funds and hospitals may be
illegal and form cause of civil action, but that
it would not be criminal. He went on:
The question here is as to the right of the re-
latOr to pay the money OF the pOlicyhOlders to a
political organization for the purpose Of infiu-
enclng the result OF certain political matters at
the polls. Shall the officers Of a corporation, or
a single officer, say. take the money Of the pol
lcyholdeTs, take your money and my money and
give 1t to a political party? The very theory Of
our institutions is that the choice Of the cleo
tOrate shall be free. Is IL within the limits Of
public policy that large sums should be contrib
uted by corporations to shaCkle this freedom?
Many Of the pOlicyhOlders may have been Dem
Republican party certainly goes to the establish
ment of feloniOus intent.
Justice Greenbaum asked under what classif-
cation he placed this illegal act
L think that the payment of this campaign
contribution was both illegal and immoral" said
Mr.. Jerome. Il claim that it both, and that
it was criminal"
do you maintain that 1t is unlawful to con-
tribute the funds of a company for such pur-
poser" asked the justice.
"Oh, to limited liability companies" an
swered the District Attorney, where a father
and members Of his family are the only stock
holders But with any great corporation or
trust company, I say it is immoral in the. highest
degree to divert It's funds without the consent of
every party in interest and being immoral it is
certainly criminal"
The justice asked If the District Attorney
could submit any authorities to support such a
view, or authorities relating to any similar acts
Mr. Jerome shook his head negatively, saying:
I'VE have searched most diligently for such au-
thorities, but this appears to be the first in
stance of such an issue having been taken 10
court 1t is a Of first instance. and your
honor will have to pass upon the question as to
whether there was a felonious attempt without
the assistance Of the authorities
The justice somewhat puzzled to the
form in which the return had been made. He
could find nowhere in the dispositions Of Messrs.
Kingsley, Buckner or Randolph that the charge
Of grand larceny had been made The District
Attorney said that he had made the charge
orally before Magistrate Moss and offered to
produce copy of this oral charge if the justice
desired It, Justice Greenbaum did not seem to
be entirely satisfied, though the District Attor-
ney assured him that the papers We're entirely in
the form that had been followed in this county
for eighteen years. He said that he could pro-
duce any number Of authorities in support of
his position, as his Office had developed several
experts the subject in preparing for John Doe
proceedings.
Mr.. Delaheld rejoined briefly in behalf of Mr..
Perkins, saying in part:
The District Attorney has made an important
admission. He says that unless it be shown
of, he cannot spell out crime. and the i'm
morality charged is the alleged attempt TO pros
titute the electorate. But that line OF argument
would forbid me to make a political contribution.
I have always conceived II to be my duty a
citizen, have most OF us to contribute to the
party whose success believed would inure to
the benefit of the nation of the city. The facts
in this clearly negative the possibility of
immoral conduct. In fact, almost every promi-
This question is one of contributing other
peoples money" snapped out Mr.. Jerome.
Justice Greenbaum then reserved his decision,
announcing that he would receive briefs. In the
mean time Mr.. Perkins remains parOled In the
custody Of his counsel