The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-19
HOLDS PERKINS FOR TRIAL.
COURT SAYS CAMPAIGN CONTRI-
BUTTONS WERE LARCENY.

sued out by George W. Perkins when he
was arrested three weeks ago on a warrant
b rging him with larceny in having mis-
appropriated funds of the New York Life
Insurance Company. of which he was
formerly gyice-president by accepting the
return Of $4,000 which he had contributed
ia the campaign funds Of the Republican
party during the Presidential campaign in
1904.
. The writ being dismissed, Mr.. Perkins
is remanded to custody. But as 1t is his
announced intention TO appeal from the
decision, he will remain at liberty. paroled
In the custody Of his counsel, Lewis L..
Delafeld, unless Magistrate Moss should
insist on putting him under bail.
Justice 'Greenbaum. in q long opinion,
finds that political contributions by in
g,lrance companies are illegal and come
under the provisions Of Section 52s Of the
Penal Code, defining larceny, The officers
Of the corporation who make or approve
Ruch contributions, he niles. are therefore
guilty of larceny. IL the criminal intent can
be shown.
Whether or not Mr.. Perkins had the
necessary criminal intent to make him
guilty is a question for a jury to decide,
and not within the province of. the court.
The decision throughout upholds the view
expressed by District Attorney Jerome
on the argument before Justice Green
baum. The Justice says
II Is reasonably clear that to hold in this
case that the crime OF larceny was committed
n must be found that the %relator. with intent
10 deprive or defraud the true owner OF his
property or of the use and benefit thereof.
or to appropriate the same to the use OF the
taker or of anv other person having in his
possession, custody or control. as trustee or
officer Of any corporation, said property.
approprlatee the same 10 his own use or that
q any other person other than the true owner
or persont entitled to the benefit thereof,
In contemplation Of law. a person found
e,{lty of the crime described. steals such
property. '....
The relator concededly at the times al
LACED was a trustee of the corporation mem
toned Did he as such trustee appropriate
from the funds or moneys of such corpora
tlon upward Of s4s. ooo. to his owr use. or 70
that Of Cornelius \. Bliss. as Chairman Of the
National Republican committee, who was a
person other than the true over or person
untitled 70 the benefit thereof, with the intent
to deprive the corporation Of its said prop
erty?
Aside from the provisions If Section 20 OF
the Penal Code, which makes an accessory be-
- h 90 no. .onnd legal doctrinp IN
bo,d that q trustee and vice president of a
aS. LIZ and +, this csse the chairman Of
~ enonoa oorr,tt,eo mn, daIiheratelv ro.
y "a ,,La frorn another onscer NJ the
ee,no,an norers balon zinc "a II with full
~ w. ,ha+ tba act cops+I+r,es an nm
- y ',o,sion If t,nds and not he desmed
@non.za,. - ,od ,,onors
10 nave Il ivy W Sun
II the aot 81 the trustee III eppr1pr.a.me
uusC1 toLeI't Wv u" III 70 ~ "a,
Illegal ana a nrea'n OF ,Ius,, anu ~ II az.
was "lIfunE zone 'hr rr'niun' intent may
De inferred Irotn 'he a't "set'
Inc PROOF 81 l''Nli, III ep,h 'AHe "oiu' y
course ne preslnpc'S' ohlN enoIer. w W.
overcome oF Vlool W la,'S u" 'tnrIs'auIess
thst7 NAV ne Cpusf1eIeu U! u ,n'' ~
on 10 pass on 'R' oueetn'p v cum - 80
IN al cases "nHI1 "i.en' : = ne.Ned,' Wv
cent 10 me coH'nlst'"" ~ a ~ ~.
tloh "I ''''H' "''f W. - '"'
VINO alone HAY ""'''"r'' NV low.
is the application Of corporate funds
to political uses Illegal" then asks Justice
Greenbaum. He cites several decisions
bearing on the misuse Of corporate funds
and unauthorized corporate acts ne con-
tinUps'