The Montgomery advertiser., 1906-12-08
CHECK EXHIBITED
SENSATION IN TRIAL OF GEORGE
 RURNHAM. -
Alleged to he <Ark of, $1O0,0O0 Said to Haye B~,r Demanded as flush
 &nneY ,Sy PAyn.

New 1Ork Dec. 7.--At the trial to- day in Ehe Supreme Court; of George Burnhau IT,, vice-president of and counsel for the Mutual Ses.rve Life Insurance Company on chr ge of larheny, a photograph of a check for tion in the examination cf the defen. dAnt c-ncerning a demand of s100,0o0 alleged to have. been made upon the Mutual Reserve for the compression of an unfavorabie report when Louis F Payn was New York. State Superinten- dent of Insurance.
 Burnham said he recognized the pho- tograph as q reproduction of one of two cancelled checks, which tke I%.s George D. Patterson. clerk os the Firc. mems Benevolent Fund had given hi.a for safe keeping and which he said, he returned to Patterson. later.
 Early in the day's session Justice Greenbaum ruled that 1t as compe . tent for the prosecution Q attempt to legation that Payn, while Superinten- dent of insurance, demanded $100.0oO from the Mutual Reserve. CEe prose- cution in the present cases alleges that President Frederick A. ,3utn,.am oF the company satisfied the demand made by Payn by the payment of $4O,oO0.
 The defendants cross examination WaE cunpleteO t0uay ana 'SSOTRS lS. EIdridge, vice. president, actuaFy and chairman of the executive committed of the Mutual Reserve also under in- dictment, took the stand.
 He had not concluded is testimony when court adjourned for tue day.
 The ruling to admit testimony con- cerning the Payn affair was made dur ing the cross examination of the de- fendant, who was on the witness stand in his own behalf
 "In tho fall of 1898 did you discuss with your brother the payment of any money to Lou Payn, supsriatendent of insuranee%s asked Assistant Districl Attornef- Mott.
 T certainly did not.s
 ''Did your brother not tell ou that Payn had demanded S100. 0o0 from the company for the withholding of an un. favorable report?'
 No"
 And did not your brother tell you of the payment of S40.00O to PaynT'
 There was no such talk between us."
 Don't you know that Horace Brock way handed your brother $6,000 be- cause he was short of funds after handing Payn the S4o,ooo."
 No"
 In reply to further questions Burn ham said he knew a man named George D. Patterson, who once was clerk of the Firemen's benevolent fund and who died in 1899. Tn March 1898, Pat terson gave him two cancelled checks and a will to be placed in his safe un- til they were called for.
 Did you return the will and cheeks to Patterson7'
 'sYeS"
 Have you PattersOn's receipt"
 ''I don't think took receipt for them"
 "Dont you know that you never re- turned the checks to Patterson9'
 "I did return them" ~-
 You knew what the cheeks were7"
 "Yes"
 "You knew the endOrsement'"
 Yes"
 Did you not know that one of the checks was endorsed to the credit of the United States Express Company. of which Senator Thomas c. Platt was president7"
 T don't remember"
 Mr. Mott showed the witness a pho tograph of a check for $10,000 drawn by Timothy Donovan on the Butchers and Drovers National Bank and made payable to James T. Watkins as trus. tee by him made payable to Charles P. and w. W. Bulkeley, attorneys, who made 1t payable to Louis F. Payn or order and which was later endorsed by Louis Payn to the credit the Trnitad States Express Company.
 Mir. Burnham said he recognized the photograph as a reproduction of one of the checks Patterson placed in his care
 Would the possession of this check benefit you on any wayT' he was ask ed.
 No"
 Not whom the superintendent of in- surance was demanding the money for the suppression of a report?"
 Nc" ':..-3
 Did you not ask Patterson in the presence of your son for the check tn show to Lou Payn because he was de- @andiug money from your company? ?"
 NO"