New-York tribune., 1906-11-28
,1gIaAM ON TRIAL.
,r WITNESSES HEARD
a...,een Mott and Rand-Jury
I'l - Read Reports Of Trial.

w -. trial Of George Burnham. jr'.
rhs iafs and counsel for the Mutual heseras a.s
ras'ss zee - Company, on the charge Oh iaAr
j IF lHs'i@,. completed just before me oouI.
! ,,sny and after recess Assistant Dis-
4 -sss ,ott began his opening aooress 10
n Ati0'H,tf ,frer hearing the testimony OF one
x !ary' g hookkeepers, A. D. Bernooy' ana
,,ae cOnprr-. ~amu. secretary Of the company
k1arleS continued until this morning. II
= 'sss Yesterday that neither Senator
9 SEE p,.tt Lou Payn, formerly state
pI4-..ndent Of Insurance nor En~a1a Aau
- would be called as a Witness uu' ii's '''e
y ,ration Of talesmen was completed
q 20 -. r,orning session. There still re-
s1as 80 seats TO be filed when the proceed
ssss1 80 ,asun To prevent Mr.. Burnham's
- We ~ the Torbs while the trial is in
r1nl-1 P,cbard Deeves, who gave bail in
TT. his appearance, signed a stipulation by
.ss hail was continued.
FS'a - .,e examination of talesmen, Lewis
V~-- Cbspler Lieutenant Governor-elect.
S~ into court. and was given sort of i'm
>~ ..n reception. Mr.. Jerome also listened to
p'--Er.rination from time TO time Assistant
Attorney Mott was aided by Assistant
e.. -. Attorney Kresel in the prosecution Of the
utus former Assistant District Attorney
-. anpeared for the defence.
:. yott opened his address to the jury by
,I.r thern 10 remember that though the
-. involved was small the case was one OF
-. ,,nortance We find said he, that the
...,,s-v benefit Of the larceny fell to Frederick
p,-nhsu. the president Of the company, but
:. 5stendant was his accorplice and shared
.r,nr his guilt. II viii appear all through the
..,sscrjons that the defendants covered their
.,.ks 10 the best Of their ability Mr. Mott
a- reviewed the history of the formation of
.. nnpany and told Of the close connection of
e.-,4 D. Eldridge and ]. Douglass Wells with
;ts Brnhanls-
II Rand interrupted by objectiug to any ref
g.s TO either Frederick 4. Burnham or FL
5ss saving that to admit evidence against
uz tTo men would be equivalent to trying
rsr, and that although they were under in
6tnsnt, they were not at the bar.
Jsdos Greenbaum said that it would be suffi-
cent 70 prove the claim of Wells against Fred
ea.k Burnham. but that the proof of debt
6srsd by Mr. Mott would make his case
stronger Mr. Rand replied that there was no
dispute as 10 the claim, but that it would be
gejudcal 10 the defendant If Mr.. Mott be per-
zlred 70 tel Of conversations between Fred
eick a Burnham and Eldrtdge at which George
B1nham was not present.
Justice GTeenbaum then directed Mr. Mott TO
gg1me the case briefly and IN a general way.
Hs said that when the testimony was all in it
auli be commented upon.
Am ! 10 be limited TO such facts as Mr.
Rand viii not object to ?" asked the prosecutor.
Rss1ming his argument, he told of the settle
LII! Of the suit brought by Wells against
Frederick Burnham by the payment of $500
ty "a check OF the insurance company. He said
iaai this check was charged on the books of the
company 10 settlement Of various claims,
amounting TO S13,5O0. including one of 50. 500 by
I Armstrong. He said that 50. 800 went TO
5HS in order 10 cover up the alleged larceny.
s- Eeo 10 his lawyers. He explained that
Ii defendant sued Wells for libel and afterward
's willing 10 pay his expenses in the action.
fach Included the services of Ex-Governor
tfek ana another lawyer, named Josephs. The
es-A vas turned over 10 Josephs by George
H-Ihan, on presentation Of release bv Wells.
" Mott then said:
ne warrant drawn and signed by the de-
s .s--@At Was Tor whatf Not for the settlement
= -57 !ees OF Nichols & Bacon or the contract
v ~ !; p D Armstrong with the company, but to
- =. "e-s ana his lawyer. Josephs, for Fred
"a "a a bu!!--am as an individual. If we prove
- !s tacs ana satisfy you that the defendant
- "a -.ls money ana concealed the transaction
III - 4 1a!Se entry IN the COmpany's books we
~. I asA you LOT conviction irrespective of the
- - a.4 position Of the defendant, because he
rska 'o.eu lhe funds Of his policyholders, and to
EgeI 5 :. e51aI4ple oI him. so as to put a stop
s--l criminal practices
OAa'4eS ". Camp, secretary Of the Mutual
.''ssl'e Company was the prosecutions first
'lhsss He was called for the purpose of es-
~'snifg by the minutes that Frederick A.
-Alain was first elected president of the COM
.--' II ISSo' and George Burnham. ir., was an
'.-.su counsel in January, 1893
= i, Bernooy. bookkeeper in the emplov of
,--5as 5eosApany, l5y, was the second witness. He de-
49,. -. L1e entries IN the books made to record
assssahts and checks
mo- 80 -, "sTIants We're entered and others were
Tsae aeHeu e Mr. kresel. Yes" was the reply.
yoB 90 s-~, "es he nature Of the warrants which
soronr, at =. They differed in color, and an
415 41- ~ - mem mas been kept IN another book"
IN Krei enter the pink colored ones?" asked
rsss --se'' Some of them" replied the wit
lrgica- ~ pont the court adjourned for the day.
dis,r.s.. gfeenbaum instructed the iurv NOT 10
,s5 ~ ne case among themselves and not 10
-l newspaper gaUOVts Of tho +riaJ