Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-05-04
JEROME TO
GRAND JURY
ADVISED BODY AGAINST FINDING
INDICTMENTS AGAINST lNSUR.
ANcE coMPAiEs.


ANcE COMPARES.
New York, May 3.-The grand jury
for April upon the completion Of its
term today returned a presentment to
Recorder Goff in which it declared that
it had failed to investigate political
contributions by insurance officials
because District Attorney Jerome had
advised the jury not to do so. The
jury stated also that it had asked Mr..
Jerome for the evidence against the
insurance officials, and that he had
opposed action because he desired
first to secure an opinion from the
appellate division of the supreme
court of the state on the question
whether such political contributions
constituted larceny. Such an opinion,
Mr.. Jerome had told the jury, would
be given early in May, and the cases
then could be taken up by special
grand jury which would be asked for.
Justice Greenbaum, the district at
torney informed the jury, had already
decided that the contributions were
larceny, but Mr.. Jerome expressed his
doubts whether this ruling would be
sustained by the appellate division.
Mr.. Jerome said it was in order to
secure such a ruling, before indicat-
ing any of the insurance officials and
attaching to them an indellible stain,
that he took the case against George
w. Perkins direct to the court instead
of before the grand jury in March.
IF Justice Greenbaum's ruling be
sustained" the district attorney said,
1T will be necessary to call as wit
nesses Cornelius N. Bliss, treasurer of
the Republican national committee,
and George B. Cortelyou, it's chair
man and postmaster general and in
dict large portion of the officers of
every financial institution in this city,"
Jury is Discharged.
Recorder Goff accepted the present
ment and discharged the jury, but in
formed it that it had not done it's full
duty, although it had rendered sig
nal service in accentuating the "un
equivocal responsibility which now
rests upon the district attorney"
In his argument to the grand jury
to induce it to withhold action, M.
Jerome reviewed his action and that
of the March grand jury in asking the
court for a ruling as to whether polit-
ical contributions were criminal. Mr..
Jerome said the court ruling was such
that the March jury could not compre-
bend it, and decided to do nothing.
can indictment is not simply an
accusation in the eyes of the public
said Mr.. Jerome, Whatever is done
with that Indictment, it remains and
always will remain definite ruling.
"The court not being willing to make
a definite ruling" he continued, 81 was
unwilling to present to jury the
questions involved in the contribu
tons to political funds until l had
authoritative and definite ruling by 9
court. 1t made no difference to me
which way the court ruled, but it seem
ed to me that there should be rul
ing so that jury might not find in
dictments against persons unless thei1
acts constituted an offense.'
Mr.. Jerome then recited the ares
of Geo. w. Perkins and said that as {
result Justice Greenbaum ruled "tha
if trustee of corporation repre-
senting a life insurance corporation
contributed it's funds to politica
party, that constituted larceny"
THAT was the ruling Of one judge,
said Mr.. Jerome. 1T is not a clea1
and simple proposition OF law. A law
yer as eminent as ex-Judge Tracey
who does not represent any Insurance.
company or any person connected
with an insurance company, says tina
it is perfectly plain that it does no
constitute larceny. Among others,
may mention Governor Folk, of Mis-
souri,. and Governor Dineen, of Illiu
OILS. from both of whom it has beel
possible to get their opinions; Go,
ernor Folk having been circuit attol
ney for st. Louis and Governor D
neen having been prosecuting attol
ney for Cook county, Illinois, an
there are number of others.
"The moment Judge Greenbaum'
decision was rendered an order wa
entered the next day and an appes
at once taken, which will be brough
up for argument before five Judge
of the appellate division on the frs
Friday of May. We will then hav
an authoritative decision on the al
parent facts of this case which wi
enable a grand jury or district a
tOrney to act and act at Once.'
~ n a. @~H n ,A,r