New-York tribune., 1906-03-28
PERKINS AS TEST CASE.
May Be Hailed Before Magistrate in
John Doc Proceedings.


With District Attorney Jerome seeking war
rants and threatening John Doe proceedings.
and with the grand jury i'm a puzzle as to its
legal duty. insurance officials who are respon-
sible for campaign contributions are apparently
between the devil and the deep sea. II IS likely
that George w Perkins, ex-viCe-p president %
the New York Life and a member Of the firm %
J. p Morgan & Co. will be brought before Mag
istrate Moss this morning in John Doe proceed
ings. He is known to have contributed S4S.OO0
TO the Republican campaign fund al the last
general election.
This action, Mr. Jerome believes. VIII lead 10
a speedy decision whether or not these cam
paign contributions constituted grand larceny.
1t is understood that this is to be "A test case
and that habcas corpus proceedings will be be-
gun without delay, that the matter may bs
taken at once To the Supreme Court. Tn the
mean time the March grand jury is examining
life insurance evidence in the possession OF the
District Attorney in accordance with the In
structiOns which it received on Monday from
Judge O'Sullivan.
There is most unusual muddle at the Grim
inal Courts Building over this insurance investi-
CATION. That there is a coolness between Dis
trict Attorney Jerome and Judge O'SulIivan was
evident to all who Witnessed the meeting I'm
court yesterday There was no breach of the
usual court etiquette in the proceeding before
Judge OSullivau. There was, however, a firm
ness about the judges decisions and a tsnseness
i'm the smile which Mr.. Jeromes face wore when
he left the courtroom that told the story
Mr.. Jerome's action in virtually taking the
campaign contribution cases out OF the hands OF
the grand jury by beginning proceedings be
fore Magistrate Moss is variOusIy commented
on. Some say he hopes TO favor the insurance
company officials concerned. but his friends de-
clare that he is positive that there is no guilt in
such contributions. and purposes 70 demon
strate il.
Early in the day District Attorney Jerome had
a conference with Magistrate Moss and ths
rumor started that he had asked for warrants
for three prominent men mentioned in his ad-
dress to Judge O'SuIIlvau last week. When
asked about the conference Magistrate Moss
said.
Mr.. jerome came to me and asked for a war
rant or warrants for several persons and I told
him frankly that If crime had been commit
ted he would have 10 tell me about IL I told
him that i'm my judgment it could best be done
by deposition. and he agreed to submit one or
more of them to me. No names were men
toned"
Shortly after this conference Darwin p. Kings
ley, vice-president. and Edmund D. Randolph.
treasurer of the New York Life. were sent for
Both officials made depositions which were later
sworn TO before Magistrate Moss. The deposi-
tions dealt with contribution Of S4S 600 which
paid to Cornelius y. Bliss by George W
Perkins for the Republican campaign fund in the
last election. This sum was later refunded 10
Mr.. Perkins out OF the funds OF the New York
Life. All of the details Of the transaction were
entered into I'm the deposition.
Mr.. Jerome hardly through with the New
York Life officials on whose dispositions II "a
supposed his John Doe proceedings will be based
when the grand jury sent for him 10 learn when
it TO get the rest or the evidence in the. in
surance case. Judge O'SuIIIvsu told the grand
jury last Monday 70 go ahead with its tnvesti
cation into the campaign contributions. demand
ing Of the District Attorney all OF the evidence
in his possession.
What case is referred to-" the District At
torney is said 10 have asked. Has anv psr-
tiCular complaint been made to youe have
given YOU all Of the general evidence in my POS
session
The grand jury did not know of any particular
case and could cite no specific complaints. Tr
is said IL finally decided delve into the evi
dence already before IT, The grand Jury. Il is
said. has been informed fully Of IT'S power over
the District Attorney as set forth in Section
263 of the Penal Code. which says:
Whenever required by the grand Jury lr shan
he the duty OF the District Attorney of ths
county 10 attend IL for the purpose Of cNamiuia-
witnesses In its presence or OF giving it gdvfrs
upon any legal matter and Of issuing slIbp0rn1,
or other processes for witnesses.
Mr. Jerome accompanied the grand Jury whe,
II appeared before Judge O'SuIIivan az now,
Mr.. Jerome lost no time IN gaining the atteu-
tion OF the court.
III your honor please" he said. "there Is on.
matter to which 1 wish TO call your attention
II was evident that he wished to speak OF il
before the grand jury.
Looking over the District Attorneys head ths
judge told the grand jury that the formers COM
munication need not detain II, and the jury
filed out.
Then Mr.. Jerome waved telegram, declaring
that IL was one which the grand Jurors hal
received through the Western Union Telegraph
Company. he read it as follows;
VIII you kindly inform the undersigned q
/ the grand jury will take the advice OF Judge
O'Sulllvan or District Attorney Jerome In