The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-01
MNAHJERONB and THR JURY
~.O1 DsaPEeAaBD ~ NONsAC.
gfOS on INSURANCE CASES

ss,s faae as Naeioaal RaaAe Gate,
nth the Grand Jury aass nsst,tss Attorney
ts,,ns wsss nifty crtieissd ~ Nsegedss
dos yesterday bsostss ms setloa had besH
- IN famPl 70 Ntateveg assurances evia
-. M, Jsrams nay hava IN q present..
~at haedei ~ ~ heeaedeg uuN ~ ths
w~,rao ranlsi u Tr~acy. Tho ufaHd Jury
.,tt ,ha, Mr.. lsrutne had bepn sahei for
49, evidences, bt the Grand JuFy aeupptesi
IA, advice that " would be unWtas IN tate
M ,hs insufancs Investigation, especially
a. sp~,4al Ortad Jury So,Ild taks enif .
charge II m" matter In NAV.
Whom R~susprrlsr UpT eworp IN the Grand
I,rv ~ tho hssi NJ the NINTH hs anid u wa
,hd, duty ~ ssh for the Insurance. svi-
dance in SIR. I%erUtne'a possession. In die.
Harding the brand Jury yesterday the
pacofisr sald that willis they acted entirely
,,,hin thasr rights by asking for the svi.
denc,. M cuuld mt tTuthsully tell them that
they had done their Whole duty whsn they
did no. get II.
.Neyertheleaa. e. added the Recorder,
'vou have rendered q signal service Ia
s~crnuAting Tho unequivocai responsibility
that now rrat. on the District Attorney"
Tho members IT tho Grand Jury did not
srem To know how 10 take the Recorders
remarks. Mr. Jerome would make no com.
men' IN them
some Of tho inside history ~ what tran
srirpd in the Grand Jury room In conneC-
tion with the insurance investigation came
cut "a attached 10 the presentment was a
Copy ~ the proceedings and a stenographic
report Of a speech made by Mr.. Jerome,
In that speech reference was made To tho
frictio ION bet ween Judge O'Sullivan. District
Attorney jerome and the March Grand
jury on The same question.
Mr.. Jerome wanted to know II the Grand
Jurv was willing to sit during the month
Of MAY. The answer was in the Affirmative.
Then Mr.. Jerome said that no evidence
about insurance matters had been pre-
santed to the March Grand Jury. He ex-
planned that the Grand Jury for March
simply submitted to Judge O'Sullivan some
~hypothetical questions about the payment
al %political contributions by corporations.
THE Instructions of the Court were SUCH
said Mr.. Jerome. that / am informed that
they could not comprehend them. They
were in substance that TO steal ia to steal, a
proposition tolerably elementary and n
on which / think no intelligent human being
cared to have any information or advice
from the Court. The Grand Jury a me
back In a very puzzled condition Of mind
The second time the Grand Jury went
for advice. MIR. jerome said. Judge O'Sulli-
van spoke about 'this case and when the
Grand Jury explained that they didn't
understand what case he meant they
received more ~eloquenoe and no more
guidance than they did on the first OCCASION
Mr., Jerome said that an indictment was
a serious thing and then went oyer the
He seemed to think that there would be a
decision from the Appellate Division on the
appeal from Justice Greenbaum'B decision
holding Mr.. Perkins for larceny on nsXt
Friday. Mr.. Jerome said that he had
questions Of whether the payment Of politi-
cal contributions by officers OF corporations
constituted larceny and they said II was not
a clear or simple proposition OF law. He
mentioned Benjamin F. Tracy, who repre-
sented no one connected with an insurance
larceny. Gov. Folk Of Missouri and Gov.
Dineen Of Illinois would give no opinion on
the subject.
Mr.. Jerome said that he oanyassed the
March Grand Jury and was convinced that
he couldn't get a vote TO indict any one on
the evidence In regard to political con-
tributions. Judge 0'Sullivan knew that,
he said. Mr.. Jerome couldn't understand
why NO much haste was demanded, Mr..
Jerome added:
do understand that there are strange
forces Of character moving on the face OF
the waters at times In this city. and suoh a
coursc ~ that this eager. burning desire
10 force matters into tho Grand Jury room
before an authoritative ruling OF o Court
IA had to my mind 10, TO say the least
peculiar.
My personal opinions or suspicious are not
Ia be laid before you, but you are free. white
and 81. and know something about this city.
You understand perfectly well that there
Ia a bitter conflict between ~he Morgan and
Hartman interests and YOU know that that
has been going on for some time. You know
that tho most prominent person In oonneo-
ton with this whole matter OF political con-
trihutlons In tho public eye Ia George W..
Perkins, q partner NJ ]. Plerpont Morgan;
but IA a matter of fact II would involve the
chief financial officers practically OF every
great financial institution In this county.
We oil know what was done In 1898. In 1000
and In 1904, They gave, national banks gave,
Some Of the national banks actually entered
Il In full on thor books OF account what tho
contribution was for,
Mr., Jerome was asked by Foreman Treacy
II II would be advisable 10 take up the Inc
eurance matters and Mr.. Jerome said
Il would I've inadvisable. Accepting Mr..
Jerome's advice the presentment said:
This decision OF tho q rand jury was prompt-
ed not bcca use Of any desire to avoid per-
formancc Of their duty or to devote all the
time that might be necessary but because
such an inquiry would In all probability re-
Guire legal guidance and that for the Grand
Jury to proceed against tho advice OF their
Icgnl adviser might involve their proceedings
In mistake or mIsca rria Re OF Justice,
After listening 10 the presentment the
Recorder said:
II appear from your report that the Dis
trict Attorney made q statement. You seem
10 have relied on that statement. IL was
within your power to not rely on II and TO
have acted as your good judgment would have
dictated, but having relied on It you may have
acted prudently.
! will not now say that you did otherwise,
but II would not be the truth for me to say
that YOU performed your whole duty. Never
thelcsS you have rendered n signal service In
accentuatinR tho uncQuivocal responsibility
that now reSts on the District Attorney.
appreciate fully the difficulties which would
besct an Investigation of this character by the
Grand Jury unless you were aided earnestly
by the cooperation Of the District Attorney,
your legal nd wiser. whose duty II Ia TO prepare
the evidence, to formulate II and 10 present
u TO tho Grand Jury.
We're II not that this special Grand Jury has
been summoned 10 meet but a week from to-
day. and that tho District Attorney shall have
ever reasOna bio opportunity and undivided