The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-31

Remarkable Attempt of New York
District Attorney to Shield
Wrong Doer.
TAKEN UNDER AMUSEMENT
JUSTICE ASKS MANY POINTED
QUESTIONS.

New York, March 30.-Arguments in
the habeas corpus proceedings in the
case of George w. Perkins, former vice
president OF the New York Life In
surance company. who is charged in
warrant issued by Magistrate Moss
with the larceny of $4S. 7o2 belonging
TO the policyhoIders of the New York
Life, which he advanced to Cornelius
N Bliss, trea surer of the Republican
national committee. were made today
before Justice Greenbaum I'm the state
supreme court. Decision was reserved.
Briefs viii be filed Monday by con-
tending counsel, and then Justice
Greenbaum will take the matter of the
legality Of Mr.. Perkins arrest under
advisement.
Jerome's Argument.
District Attorney Jerome argued for
the prosecution, and former Judge
William n. Cohen and Lewis Delafield
appeared for the defendant Justice
Greenbaum took the liveliest interest
In the argument, and constantly in
terrupted the lawyers with pointed
questions. 80
Mr.. jerome said that criminal in
tent, according to legal authorities,
was to appear from all the circUm-
stances of the case.
THE question here" he continued,
rs as to the right Of Mr.. Perkins to
pay the money of the pOlicyhOlders
to political organization for the pur-
pose of influencing the results of Ger
tain political matters at the polls.
Moral Guilt Clear.
This is very far from being a case
where there is an absence of moral
guilt or turDitude. Shall the officers
of a corporation. or a single officer
say, take the money Of the policy
holders, take your and my money, and
give it to a political party? 7 say
that such an act is inherently wrong
whether 1t is prohibited by law or not
7 say that il is contrary to public
policy, contrary to public morality, End
contrary, as we'll, to private morality
and common decenCy. Half of the
policyholders may have been Demo
Gratis, and to take their money to as
sist the Republican party certainly
goes to the establishment of felonious
intent"
Justice Greenbaum asked: IF YOU
maintain that this was an illegal act
in what classification do you put it >?
Mr. jerome replied; 4 think that the
payment was both illegal and immoral
I claim that it was both, and that il
was. criminal"
Judge Cohen'S Plea.
Drawing a parallel in justification OF
the payment of money to the ReDub-
Hcan campaign committee Judge CO.
hen said that President John A. Nc
Call of the New York Life Insurance
company had at different times di-
rected the payment of large sums OF
money for the relief Of the Johnst0wr
food sufferers and for use in a vel
low fever epidemic in New Orleans
These payments may have been out
side the vested authority of the pros
ident, he said, but surely not Illegal
certainly very far from criminal
Mr.. Mccall" he said, held Ereat
funds in his possession and he USED
them for public benefits. He believed
sincerely that when he directed the
payment of this money TO Mr.. Perkins
he was acting for the best interests
of the policyholders Of his company
Outside of his vested authority, per
haps, but not Illegal; certainly no.
criminal"
It was then explained to the cour
that Mr.. Perkins had advanced hi!
personal funds to Mr.. Bliss and haC
been repaid months afterward by tn
New York Life.
What Perkins Believed.
rs it common sense" asked Judg,
Cohen, Ito charge a man with havins
stolen frcm another when he is re
paid his own? Mr.. Perkins believed
he was doing the best thing for Lii
company, and it is at his request rha
/ make this further statement. II
saying that he acted throughout un
der the direction of Mr.. Mccall. Mr.
Perkins has not the slightest idea o
attributing TO Mr.. Mccall any excep
the highest motives, or any wish %
idea except to protect the interests o
the policyholders.'
Judge Cohen argued that none q