The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-24
JUSTICE ON TRAIL Of
INSURANCE OFFICIALS
Crime of Larceny Was Committed When
Contributions Were Made to Re-
publican Campaign Fund.

New York, March eff the grand
jury which is investigating some of the
conditions developed by the recent leg
islative investigation reaches the con-
illusions that contributions of insurance
company funds to political campaign
committees were made with intent to
deprive or defraud the true owners of
this property, it must find that lar
ceny was committed"
This opinion was expressed today by
Justice O'Sullivan in the court of gen.
eral sessions i2 answer to a present
ment on the subject to him by the
grand jury. Judge O'SuIlivan added
that 1t is not within the province of the
court to say whether or not there was
intent. That is a question which the
Jurors must determine for themselves
from all the facts and circumstances
In the case. He charged the jury to
make thorough investigation into all
the facts and to place the responsible
ity for such crimes. if they find that
crimes were committed.
pisagrees With Jerome.
This opinion is in effect directly op-
posite TO one upon the same subject
which was given by District Attorney
Jerome several days ago. Mr.. Jerome
in his brief, which was submitted to
Justice O'Sullivan, held that there was
no ground for prosecution of any in
surance official in connection with the
campaign contributions taking the
ground that no intention to defraud
had been shown. Judge O'Sullivan
agrees with the contention of the dis
trict attorney that intent must have
been present to constitute the crime of
larceny. but declares that the question
whether or not there was intent is a
question which is yet TO be determined.
Jerome Talks to Jury.
Mr.. Jerome was in court today. and
when Judge O'Sullivan delivered his
opinion the district attorney asked the
grand jury to remain. as he desired to
address them upon the point I'm uues-
ton He declared that Judge O'SuIli-
van had miscOneeiVed the subject
which he had considered. and that if
lthe court held To its opinion it would
Zoe the duty Of the grand jury to re-
e4rn indictments against George w.
Perkins former vice president of the
New York Life Insurance company. for
larceny. and against George 3. CorteI-
YOU, chairman, and Cornelius y. Bliss
treasurer, of the Republican national
committee. as receivers of stolen goods
Declined to Issue Warrant.
Mr.. Jerome informed Judge O'SulIi-
van that if he would sit as magistrate
he would submit affidavits TO the acts
committed by George w. Perkins and
would ask for a warrant for his arrest.
He added that in event of such war
rant being issued. a writ of habeas cor /
pus would follow and that the case
would be taken to the highest courts
where the district attorney would re-
tain Alton B. Parker as special coun-
sci. Judge O'Sullivan declined to
grant the warrant. giving as his rea-
son that the question at issue should
be passed upon by the grand jury
Jury Must Decide.
In his charge to the grand jury in
reference to questions they put TO him.
Judge O'SulliVan said:
Contributing to a political party is
not necessarily a crime. individuals
and possibly certain corpora lions may
contribute to political parties as they
may contribute To anything else and be
guiltless; but they may contribute I'm
such a manner as to render the trans
action criminal You are to inquire if
in this case an act prohibited by law
has been committed with the intent
that makes it a crime. If YOU
find circumstances tending to deceive /
or mislead persons having a beneficial
or financial interest in the property to
dispose of. you may consider that with
regard to intent"
Statement of District Attorney.
Mr. Jerome Immediately at the con-
clusiOn of Judge O'SulIivan's charge, /
asked that the jury remain so that he /
could make a statement to them He /
at once addressed the court, saying:
Your honor has misCOnceived this
matter"
The district attorney then went on
10 say that he was in possession of a
great deal of information on this sub
ject. He said that George W. Perkins
has sworn that he gave Cornelius n.
Bliss $4,000 and that he was reim-
bursed out of the funds of the New
York Life Insurance company.
Such acts he continued. should
be prohibited, but the fact that con-
fronts us here now is are they pro-