The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-27
NAY CALL PLATT And PAYN.
INITIAL RESERVE TRIALS TAKE
AN UNEXPECTED Turn.

Jurors Asked II They KNOW the Or.
tho E~x-Insurance Superintendent or
Edward Iauterbaeh Defendant Not
Z the TemBs During the Trial.
Senator Thomas C.. Plat, Lou Payn;
ex-State Superintendent OF Insurance, and
Edward Lauterbach may be called as wit
nesses in the trial Of George Durham, Jr.,
who was counsel for the Mutual Reserve
Life Insurance Company. The hearing
Of the case began yesterday before Justice
Greenbaum In the Supreme Court, Criminal
Branch. There are five indictments against
Durham for larceny and forgery, but
yesterday was the first time that the names
Of Plat, Payn and Lauterbach were brought
into the case.
Every talesman examined by Assistant
District Attorney Mott, who is In charge
Of the prosecution, was asked IL he knew
these men. No one in the District At
torney's office would explain the significance
Of this, but it was said that they might
be called as witnesses and that their testi-
mony might be OF great importance, but
IL all depended on the developments OF the
trial. II was said that whatever connection
these men had with the case came out since
Tic btbtIiC httOTuGy 3 OulCc tOOh up WV
investigation OF the charges against Burn
ham.
When yesterdays session was adjourned,
after eight jurors had been obtained, As
sistant District Attorney Mott moved that
Burnham be committed to the Tombs. This
was opposed by William Rand, Jr., who
was Mr.. Jerome's chief of staff. He said
IL wasn't the custom to commit a defend
ant to the Tombs. Justice Greenbaum
said that he thought il was the practice.
Mr.. Mott said that in Sc per cent. OF the
felony cases the defendant was committed
during the trial. Mr.. Rand questioned this
statement.
Mr.. Rand said that he would be respon-
sible personally for the appearance OF
Burnham. Mr.. Mott wanted 10 know who
would hold Mr.. Rand accountable IL Burn
ham should skip. There was a scurrying
TO see il Burnham's bondsman was in court,
bu he wasn't, and both Mr.. Rand and
Sewell Tying, counsel for the Mutual Re-
serve, declared that they would guarantee
the appearance of Burnham. That was
satisfactory TO Justice Greenbaum, who
let Burnham go home.
Burnham came into court with his
brother, Frederick A. Burnham, president
OF the company, and George ID. Eldridge,
vice-president. They all sat at a table
with Mr.. Rand and Mr.. Tying and Frank
r. Lawrence. A number Of retainers were
grouped around them.
Every p~recaution had been taken to
protect the interests OF the defendants.
Long typewriter lists had been made Of
the talesmen on the special panel, and OPP
posite each name was a history OF the in
sdvvi0ual. Whenever a name was called
the list was consulted, and there were whis-
'pered conferences between the Burnhams,
Eldridge and Mr.. Rand. Sometimes Mr..
Rand challenged a tslesnan without asking
him a question.
The Burnhams and Eldridge, Who arc
indicted together, were called to the bar
by Clerk William Penney when court
opened. Mr.. Rand Immediately asked Mr..
Mott TO announce which one of the defend
ants. he would try first. Mr.. Mott said
that as they had decided not TO be tried
together he would call the case Of George
Burnham first. Then Mr.. Rand tried to
have Incorporated as part OF he trial record
a motion he made some time ago to have
the Indictment dismissed, but Justice
Greenbaum said he thought il was an un-
uSllOl TrQlest anu TcillNeu % grant IL.
Many of the talesmen had prejudices
against life insurance companies and their
officers. One man said he was sick OF the
whole thing sick OF reading Of life in
sursnce in the newspapers and hearing
people talk OF il. Mr.. Rand wanted 10
know IL the talesman approved OF the criti-
cism OF life insurance officials, and he said
he did, that he was down on them.
Regardless OF age, sex or previous CON
dition Of servitude?" said Mr.. Rand.
That's right. d" said the man. But
while | wouldn't lei that influence my
judgment, l would take The opinion into
the jury box with me" He was excused.
Another man said he knew District At
tOrney Jerome, that he played chess with
him at the Manhattan Chess Club and that
he was a good chess player and a man OF
sterling qualities.
Challenged said Mr.. Rand.
Another man said he wouldn't be inau-
enced by public clamor."
You'd stand strsightest when the popu-
lar wind blows strongest, " said Mr.. Rand.
That's right, said the talesman.
Justice Greenbsum sat until 5 O'Clock,
when eight jurors had been drawn. They
are: Henry II. Alger, civil engineer; Henry
f.. Sprague, merchant; Leonard d. White,
banker; F.. Brainard Buckley, secretary;
Adolph F. LeGost, bank teller; Howard A.
Raymond, real estate; Isidor Levy, COM
mission merchant, and Ellwood Hendrick,
broker.
Some Of the jurors are policyholders in
IT.