The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-24

The admirable moral sentiments In your
Honor's direction. aud the undoubted propo'
sltions of law that your Honor has laid down
are. | am IN a position to know. not what
the Grand Jury desires to be Informed In
regard to. It does not bother the Grand jury
orthe Grand Jury Is legal adviser IMr, jerome
in the slightest degree to identify the ordinary
commonplace forms OF larceny which your
Honor has 40 admirably defined. 1t Is 30 mani
fest that n man who steals With the intent o.
stealing steals that even laymen OF the
Grand Jury and the legal adviser can under
stand that. The difficulty In the present stu
alton lies In something which your Honor
has entirely misconceived.
Mr.. jerome went on to say that there
were facts and evidence in his possession
which he did not believe constituted a
crime, "and it can only be determined
! whether they constitute a crime or not by
the abduction of testimony bearing on in
tent. There is one group Of cases in which
4 the evidence show exactly what the Grand
+, Jury has asked you, and your reply to them
.eis: Why, gentlemen, il the men have an
evil intent they a committed the crime
,sof larceny The Grand Jury knows that
and I have so advised them. What the
Grand Jury wants to know is il they COM
init larceny if they have not got this
felonious intent-not whether they have
committed larceny"
Most undoubtedly they have not in
ferrupted Judge O'Sullivan. Their duty
Ia to determine from the evidence before
them: that is in their province"
Mr.. Jerome said that what the Grand
Jury wanted to know was whether there
must be felonious intent or whether the
: facts without the felonious intent oonsti-
tuted a crime. He went on:
Now. the question they nut to your Honor
10 briefly this; II these men gave these moneys
"a clear conversion of the money; a clear.
In my judgment, incorporation OF the
= money land they were sane men and knew
what they were doing) and there are numer-
Gus cases of that kind-then In that case
= shall the Grand Jury indict?
= "Felonious intent is criminal intent and
A terminal intent Is to take with the intent to
tdeprive and defraud," said Judge O'Sulli
!. van, IAN if you find that they did take with
the int ent to deprive and defraud you find
J felonious intent, you find a crime defined
by Section 52s, a larceny under our law"
The District Attorney explained further:
, But what bothers them, sir. and bothers the
, District Attorney, is that in the case OF Peo-
! pie against Flack. after much discussion In
: the jury room. the jury came into open court
and said to perhaps the most eminent Judge
y L. ax;-,s,n ,nans that a.,ar ant Mr. InGtina
:. ~ ~. - aa - ~
paIie''' "na 70 n ~ ~ y"
( oue.,oe Da.Ie.. a u ~ - = "a ~
siMa's suppuseu w. oe re ~ p,nnu'
y tekal oo'u. y, go an
fSa Nv VI, az, 10 >. 80 ~" ~.
4 n 10 e'Nh gun, - ~ 80 u ~ ~
'Esno IL a Sane =" Nv nn - ~
lAn1ws u nu'ul % III !" Wv h Sa
piohioteu W "n ~" go %
loh,ous !n.en.. ~ ~ 0'N'' " AD''"''
' ea'u nav % '. V"
Judge OSullivan replied that he did not
think 1t was so much the business OF the
: Jury 10 uecIue VIA vas 'he M II Ewing
- ,wnaao,h,o ,hat an, oo,o,,, l., ~.
AZ IL pre ."at $3.50 -, ~,
views e"pIesseu oS que rtneu o'mt- y
which ! am very sorry: me Ia" imposes
upon me the ooilsat'on OF ADVISING tne uIaho
Jury, This matter IL susceptible OF DEFINITE
sascertainment. A member OF the firm OF
~. p. Morgan 4 Co., George w. Perkins. vice.
! SLesueu. u -. Ia ~ -" "a ~, no
q ~ n,to" ~. ~ Lni..n Nv
saw ". - D.o - az ~
neeauei =. .p .hu""m ~ sc 90. ~ 40
. .ha $50 - a. ~ ~
wee - sns ". ~ 80 ~"
/ VI nv "a - 10 r. t,nJ. y ~ ~, W,
re