Daily Kennebec journal., 1906-03-24

a CORPORATION are guilty OF misde-
meanor. You may consider that IN re-
lation 10 criminal intent. 1t is not
within the province of the grand jury
to speculate how crime has been
avoided hut rather how it has been
committed.
"J cannot impress upon you 100
strongly that selfgain is not neces-
sary to constitute the crime of lar
ccuy What difference does it MAXI
whether there was self-Sain or not!
Judge O'Sullivan referred to the
Question of reasonable doubt and con-
GUIDED
You are not TO 60 seeking for shell
ter as an excuse TO avoid an unpleasant
Tuty." Contributing to 4 polltlcai
rarity is not necessarily a crime IL
may be, and you may presume IL ~
be. an innocent transaction. Indlvld-
uaIs and possibly certain corporations
may contribute to political parties as
II cy may contribute To anything else
and be guiltless; but they may contri-
hute in such Il manner as to render
the transaction criminal. You are 10
inuuirc if in this case an act prohlplted
bv law has been committed with the
intent which makes it Il crime.
ut is not within the province or lhc
court to say whether or no there was
intent. That is for you, gentlemen, 10
determine from all the facts and CIR
cumstances in the case. If you 1lhd
circumstances tending to deceive OF
mislcad persons having u beneflcial OF
| financial interest in the property 10
dispose of, you may consider tEat WIN
regard 10 intent.
"If. in order to conceal misap-
| rropriation of property, an oflcer, or
ether person in the employ OF Il cor
Doration, falsifieS any account or cthcr
| writings belonging to or relating 10
the, business of the corporation he IS
guilty of forgery under Section IA oil
the penal code. If YOU find evidence
revealing such a condition you may
| consider that with regard to intent III
disposing Of corporate funds"
Mr.. Jerome Immediately at the conclu.
sion OF Judge O'Sullivan' charge asked
| that the jury remain so that hc coulc
make a statement to them. He ut once
addressed the court. saying
Your honor has misconceivcd this mat
| ter
The district attorney then went on t
say that he was in possession Of grea
deal of information on this subject. He
said that Geo. w. Perkins has sworr
| that he gave Cornelius n. Bliss $500
| and that he was reimbursed out of thu
| funds of the New York Life Insuranc,
| Go. Such acts" he continued, should
he prohibited but the facts that confron,
! Us here now is are they prohibited BY
| law. There is a legal proposition before
| this court that makes George y. Cortel
yDu receiver of stolen goods and Cornelius
| \. Bliss also is !; receiver of .:.olrn good
under this theory. Now if YOUR homo
| viii consent to sit us II magistrate ! will
! submit all of these matters to you in afti
| davit form. If you hold that they hav'
committed crime there are many rep
utahle corporation officers in this city
| who should be declared fclons."
81 want to have the case of the DeOpl
Us. George Is. Cortelyou put in such shap
a>' to make it binding on the court an'
| myself"
Judge O'Sulivan replied: No one i
l riorc reluctant than i'll turning the pow
| er of the law toward these nlc1. 1t i
| my duty to say what tho Inv is and m
view Of it; | have given an honest opin
, inn. You have been as honest as /. You
| long experience i'll criminal cases ma
| lend more weight to Your opinion thai
!, there is to D:inc.
There arc IA magistrates in this juris
! diction and six OF them are in this build
ing. Why take this case from the mag
| iStrnt"@ and submit it to this court as
. magistrate. or even to the grand jury"
| Does Enur hcnCr want N" u answe
that question" interrupted Mr.. jerome.
Not now" replied the judge.
He went on, pounding the desk with hi
fist: II dOn't see why a hypOthaticl
Question was submitted to this court i
the first Instance. There is Il court idl
| below. Tn" court OF spec ial sessions i
| aN:iiiahlo. and on" of the Justices of TIL
! court, Recorder Gnff, is now idle WI
! not take The ca@" up to one Of them" |
th"T refuse to do their duty ! will :lway
do mine"
"'rhc habit Of stealing. which Your hon
| thcSc corporations paying asScsemcn
should be no excuse for any person. sal,
MI. Jerome. They should be bchin
prison h:,re.
IF ] were innocent | would consent +
he tried and have my name cleared IL
broke in.
Would Your honor wish to be indict
Cd asked tho district attorney
| wv lille of course should not desire Z
| y" indicted replied til" judge. still
| ! were indicted would clear my name
| | were innocent"
"lt Your honor VIII issue I warrant 70
| GrcrEc W. Perkins that he may com
| within III" custody Of uhis court" s.ti,
Mr.. Jerome ''hc wll be at once takcl
"nt Of her on Z writ Of habcns cnrr:ls an,
III order that the rights Of the people ma,
tie preserved 1-S,,ll rt tain Alton e Pa
, k' rs counsel for the ,liStri..t attorney"
Justice O'Sullivan said that lie woul,
| not Issue Il warrant for reasons hc nj
| r"hdE had stated and that for the sam
reason hr would not accept the tlcpositio,
| WhiCn Mr.. Jerome had to offer
/ It IS considered nrobabla that tho di.
! trrt attorney viii - next week bofor