The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-01
HTTSATEROHB AND THB JURY
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Bp,b tho umnd tnev md District Attorney
Sssmpa eafe mildly rriiieig-i ~ HTrordrf
f,f vcsgar,tay bstatso MI action had heer
n ken In reerI ~ wirtnysr Insurance evi
enc. w. Jerome maj he W IN = present.
mesi handel ~ ~ HocofIef UuN by ihs
foestnan. Daniel y frvtrv tkn uttnd JufJ
sstd that ~ trfunr had hern Hak@t Tor
,be eyiIenrr ltf tho Ornhd Jury accepted
his advice that II vp'ild 30 unNise to take
un Tho ,nsImnr' investigation, eareci1lly
~ y arccial GRANT Jury wuuld take sntr =
charge ~ rho matter Nv NnY
Whom Recorder tluT ssure In tho Grand
Jury a, tho nr' ~ the month he aid " wns
,beir duty 10 ask for the Insurance owl.
dsrcs IN Nr trrpme's poases~ion. In dis.
charming Tho Grand Jury yesterday the
Recorder said that while they acted entirely
within their rights Nv asking for The evi-
danrc he could not trIthfully tell them that
'hsy had don, 'he,r whole duty Whom they
dld no.. got g..
s., cr'lrlc4a." added tho Recorder
won have rendered u signal aorvice In
tr,cu'natne tho unrpuivocal responsibility
that nov rests m the District Attorney
Tho members ~ the Grand Jury did not
arrn rn know how 20 take tho Recorder
remarks. WI JPT'Illf N'llh Ulth' W. WIZ
ncnt GA them.
some e tho inside history Of what tran
sri- / ~ tho Grand Jury room In connec-
Il u nth the Insurance investigation came
ont ~ attached to the presentment was n
~ nv Of The proceedings and n sienographlc
report Of u speech mad by Mr. jerome.
In tEat speech reference was made TO tho
friction let ween Judge O'Sullivan, District
Attorney Jerc me ami the March Grand
Jury on the same question.
Mr.. Jerome wanted to know II the Grand
jury was willing to sit during the month
If May. The answer was in the affirmative.
Then Mr.. jerome said that no evidence
about insurance matters had been pre-
eented to the March Grand Jury. He eX-
rlaired that the Grand jury for March
simply submitted to Judge O'Sulivan some
hypothetical questions about the payment
OF POLITICAL contributions by corporations.
"The instructions of the Court were such ="
said Mr.. Jerome that | I'm informed that
they could not comprehend them. They
we're in substance that to steal IL 10 steal. a
Pre- pc sition tolerably elementary and one
on which I think no intelligent human being
cared to have any information or advice
from the Court. The Grand Jury ca me
hack in a very puzzled condition of mind
The second time the Grand Jury went
for advice, Mr.. jerome said. Judge .O'Sulli-
NHI tDOkt dDOut tlllH ar dhid "iph Nlc
Grand Jury explained that they didn't
understand what case he meant they
received more eloquence and no more
guidance than they did on the first OCCASION
MIR. Jerome said that an indictment was
n serious thing and then vent over the
proceedings in the case of George W Perkins.
He seemed to think that there would be a
decision from the Appellate Division on the
appeal from Justice Greenbaum' 3 decision
holding Mr.. Perkins for larceny on next
- w IA-~NlA nnil chat IA had
talked with judges and lawyers on the
questions Of whether the payment OF politi-
cal contributions by officers OF corporations
constituted larceny and they said IT was not
a clear or simple proposition OF law. He
mentioned Benjamin +. Tracy, who repre-
sented no oIre connected with an insurance
company, who said hat 1t did not constitute
larceny. Gov. Folk Of Missouri n Gov.
Dineen Of Illinois would give no opinion on
the subject.
Mr.. Jerome said that he canvassed the
March Grand Jury and was convinced that
he couldn't get a vot, to indict any one on
the evidence in regard TO political con-
tributions. Judge O'Slllivan knew that,
he said. Mr.; Jerome couldn't understand
why so much haste was demanded. Mr..
Jerome added;
[ do understand that there are strange
for s Of character moving on the face Of
the waters ut times in this city. and such a
course as that this eager. burnin- desire
20 force matters into the Grand Jury room
before an authoritative ruling OF a Court
Ia had to my mind IL. to say the least
peculiar.
My personal opinions or suspicious are not
10 be laid before you, but you are free. white
and 81 and know something about this city.
You understand perfectly well that there
u a bitter conflict between the Morgan and
hartman interests and YOU know that that
has been going on for some time. You know
that the most prominent person In connec-
ton with this whole matter OF political con-
trihutions in the public eye Is George W.
Perkins, a partner Of J. PIcrpont Morgan:
bit rs a matter of fact II would involve tho
chief financial officers practically OF every
great financial institution In this county.
w" all know what was done In 1895. In 1000
and in loli. They gave. national banks gave,
Some Of the national banks actually entered
It IN full on their books Of account what the
contribution was for.
Mr., jerome was asked by Foreman Treacy
" II would be advisah le to take up the in
elranCe matters and Mr., Jerome said
It would be inadvisable. Accepting Mr..
Jerome's advice the presentment said,
This decision Of the Grand Jury was prompt
ed not because OF any desire TO avoid per-
Torrance of their duty or to devote all tbs
time that might he necessary hut because
such an inquiry would in all probability re-
NllTe l'gAl guidance ana Inht lOT the tirhnu
Jury to proceed against the advice Of their
legal adviser might involve their proceedings
In mistake or miscarria Re Of justice.
After listening to the presentment the
Recorder said;
II appears from your report that the Dis
trict Attorney made a statement. You seem
TO have relied on that staten ent. II was
within Your power to not rely on II and to
have acted as your good jud sment would have
dictated, but having relied on II you may have
acted prudently.
! will not now say that you did otherwise.
but 1t would not be the truth for me to say |
that YOU performed your whole duty. Never
theless you have rendered a signal service in
accentuating the uneQuivocal responsibility
that now rests on the District Attorney. I
appreciate fully the dim cultiea which would
beset an Investigations Of this character by the
Grand Jury unlees YOU were aided earnestly
by the cooperation Of the District Attorney.
your legal adviser. whose duty Il is to prepare
the evidence. TO formulate II and 10 present
u TO the Grand Jury.
We're II not that this special Grand Jury has
been summoned TO meet but a week from to- |
day. and that he District Attorney shall have
ever reasonable opportunity and undivided
responsibility ! would deem it my duty TO con.
tinue this term Of court and instruct you 10
return to your room and institute an investiga- !