The Birmingham age-herald., 1906-03-24
LARCENY HANGS
 ON WORD INTENT
tcontInued from First Paae.l

l inquiring Into the facts and circumstances 1 surrounding the transaction. But if intent
 to deprive or defraud the true owners of 1 his property be established, then you may i find that the crime of larceny has been
 committed. IL Is not within the province l of the court to say whether or not there
 was intent. This is for you. gentlemen, l to determine from all the facts and cir- eumstances in the case. If you find cir l crmstances tending to deceive or mis- l lead persons having a bepehcial or fnan-
 cial interest in the property to dispose of,
 you may consider that with regard to 1 intent.
 If in order to conceal a misapproprla- ton of property an officer or other per
 son in the employment of a corporation 1 falsifies any account or other writings be- l longing to or relating to the business of l the corporation, he is guilty of forgery
 under the penal code. If you find evidence 1 revealing such q condition, you may con- i sder that with regard to intent in dis
 posing Of corporate funds. It is not with l in your province to speculate as to how l a crime might have been avoided. It Is 1 your duty to determine whether crime l has been committed and to do that you 1 should proceed without delay to consider 1 all the legal evidence available. If you l find that a person with the intent to de- |
 property or of the use and benefit thereof,
 having in his possession, custody or in- | torest as trustee or officer of any corpora 1 ton any money or property, appropriates | the same to his own use. or that of any
 other person than the true owner or per l son entitled to the possession thereof,
 then he steals such property and is guilty
 of larceny. It Is not necessary to find
 that the person taking or approprlating l 1 ish benefits.
 Jerome Submits Answer.
 Mir. Jerome immediately on the conclu-
 sion, of Judge O'Sullvan's charged asked 1 that the jury remain. so that he could make a statement to them. He at once l addressed the court, saying .Your honor has mlsconeelved this 1 matter"
 l The district attorney then went on to | say he was in possession of great deal | of information on this subject. He said 1 that George w. Perkins has sworn that
 he gave Cornelius N Bliss s4S,000 and that | he was reimbursed out of the funds of the l New York Life Insurance company. 1 "Such acts" he continued should be 1 prohibited but the fact that confronts 1 here now, are they prohibited by law? l There is A legal proposition before this l court that makes George B. Cortelyou
 A receiver of stolen goods and Cornelius
 N. Bliss is also a receiver of stolen goods
 under this theory. Now if your honor
 will consent to sit as magistrate. I will 1 submit all of these matters to you in i affidavit form. If you hold that they have committed crime. there are many reputable corporation officers in this city who should be declared felons." 1 T want to have the case of the people
 vs. George W. Perkins put in such shape, as to make it binding on the court 1 and myself"
 1 Judge O'Sulivan replied: No one is more reluctant than I in turning the power of law toward these
 men. It Is my duty to say what the law 1 Is and my view of it. I have given an
 honest opinion You have been as hon l est as l. Your long experience in crim- 1 inal cases may lend more weight to your opinion than there is to mine. There are fourteen magistrates in this 1 jurisdiction and six of them are in this
 building. Why take this case from the
 magistrates and submit it to this court | as magistrate. or even to the grand jury
 Docs your honor want me to answer that question: interrupted Mir. Jerome. l Will Always Do Ills Duty
 "Not now" replied the judge He went on, pounding the desk with his fist: 'T don't see why hypothetical question
 was submitted to this court in the first instance. There is a court idle below. The court of special sessions is available and one of the justices of this court l Recorder Goff is now idle. Why not | take the case up to one of them? If | they refuse to do their duty, I will al- l ways do mine"
 'The habit of stealing. which your l honor has indicated has grown up
 through these corporations paying as- | easements, should be no excuse for any | person." said MT. Jerome. They should be behind prison bars"
 "If were innocent I would consent to | be tried and have my name cleared by l my fellow citizens Judge O'Sullivan
 broke in.
 Would your honor wish to be in- l dicted?' asked the district attorney.
 "Why of course. I should not desire to be indicted" replied the Judge. "still If were indicted I would clear my name If l were innocent.
 If your honor will issue warrant for George ". Perkins that he may come
 within the custody of this court said
 MT. Jerome. "he will be at once taken
 out of here on writ of habeas corpus