The Montgomery advertiser., 1906-03-24
0'SULLIVAN AND JEROME
 IN CONFLICT AS T0.LAW

Icumslances surrounding the transac- ton. But if intent to deprive or de- fraud the true owners of his property be established, then you may find that the crime of larceny has been com mitted
 Tt Is not within the province of the court to say whether or not thcre was Intent. That is for you, gentleman, to determine from all the facts and cir cumstances in the case. If you find circumstances tending to deceive or mislead persons having a beneficial or financial interest In the property to dispose of. you may consider that with regard to iIatent.
 If. in order to conceal misappro priation of property. an officer or other person in the employment of a cor poration falsifiess any account or oth- CT writings belonging to or relating to the business of the corporation. he is guilty of forgery under the penal code. If you find evidence revealing such condition, you may consider that with regard to intent in disposing of corporation funds.
 Tt is not wi ithin your province to speculate as tcD how a crime might nave been avoided. It is your duty to determine whether crime has been | committed, and to do that you should proceed without delay to consider all the legal evid ence available If you l SN.FcOH WtIu tEG iHLcnN ~ depriVe or defT-aud the true owner of l ms property or of the use and benefit l tnereoI. haVing in his possession, cus- tooy or interest,", as trustee or officer of any corporatio n, any money or prop erty, appropriastes the same to his own use or that of any other person than | the true owne r or person entitled to the possession thereof, then he steals such property and is guilty of larceny. IL IS nor necesssary to find that the person takines or appropriating prop. | erty does so flor his own use for selfish l benefits
 Jerome Challenges Judge.
 MT. Jeropae immediately on the con- ciusion or o'Suilivan's charge asked that the jury remain so that he could make Statement to them. He at ' once addre sssed the court saying: fonr hionor has misconceived this matter.s' The district attorney then went on to say he was in possession of great deal of information on this subject. He said that George W. Perkins has sworn that he gave Cornelius N. Bliss $4S.0OO, and that he was reimbursed out of the funds of the New York Life Insurance Company.
 Such acts" he continued, should , be prohibited, but the fact that con fronts us here now is, are they pro- | hibited by law. There is a legal prop osition before this court that makes George R. Cortelyou receiver of stol- en goods and Cornelius N Bliss is also i l a receiver of stolen goods un- der this theory. Now if your honor will consent to sit as a magis- trate, will submit all of these matters to you in affidavit form. If you hold that they have committed a crime, there are many reputable corporation officers in this city who should be de- clared felons
 "l want to have the case of the peo- pie vs. George W. Perkins put in such shape. as to make it binding on the court and myself"
 Judgs O'Sulliyan 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 is and my view of It. have given an honest opinion. You have been as honest as I. Your long experience in criminal cases may lend more weight to your opinion than there Is to mine.
 There are fourteen magistrates in this Jurisdiction and six of them are in this building. Why take this case from the magistrates and submit 1t to this court as q magistrate, or even to the grand jury"
 Docs your honor want me to answer that question:" interrupted MT. Jerome. O'suIIIvan is Excited. Not now,' replied the judge. He went on, pounding the desk with his , first; q don't see why a hypothetical question was submitted to this court in the first instance. There is a court idle below. The Court of Special Ses- sions is available and one of the jus tices of this court, Recorder Goff, Is now idle. Why not take the case up to one of them If they refuse to do their duty, will always do mine"
 The habit of stealing, which your | through these corporations paying as- sessments. should be no excuse for any person." said Mir. Jerome. They should be behind prison bars
 "If I were innocent, could consent to be tried and have my name cleared by my fellow citizens" Judge o'Sulli- van broke in.
 would your honor wish to be in dicted?" asked the District Attorney.
 Why of course, I should not desire to be indicted" replied the Judge: 'still if I were indicted I would clear my mind if I were innocent"
 If your honor will issue a warrant for George W. Perkins that he may come within the custody of this court" | said Mir Jerome, The will be at once taken out of here on a writ of habeas corpus and in order that the right of the people may be preserved. I shall retain Alton B. Parker as counsel for the District Attorney"
 Justice OSuilivan said that he would not issue a warrant for reasons he al- ready had stated and that for the same reason he would not accept the depo- sion which MT. Jerome had to offer.
 District Attorney Jerome would make no definite statement after the closo of the proceedings in court on the in- surance matter It is considered prob able that he will go next week before some magistrate and there institute proceedings against insurance officials. , When asked if he would go before Recorder Golf as suggested by Judge O'Sullivan, he replied "Certainly not
 Recorder Golf is a polciyholder in the ; New York Life"
 Thomas c. O'Sullivan was elected judge of general sessions last fall on the Democratic ticket. lie was one of Tammany Halls old time orators. , Southern Ice Excaange. Richmond. Va. March 23. The Southern Ice Exchange today elected f0lIOyvinar 4ba