New-York tribune., 1906-11-10
Mr.. JEROME EXPLAINS.
District attorney GiUes Reasons for
DeferTing Mutual Case,

OiStrlct Attorney Jeromes letter 70 cx-Judg6 Her
rick was made public yesterday, giving Mr.. Je-
rone's for declining to take up the question
OF the alleged coercion" by President Peabody Of
the Mutual Life until after December l as outlined
exclusively In Thursdays Tribune Criminal pro-
oeedings from another source now threaten the
company on this question.
Justice Greenbaurn in the criminal branch OF the
Supreme Court. on Mr. Jerone's application has
liked Monday, November e. the date Of the trial
Of the three Mutual Reserve officials under indct-
Inent for forgery and grand larceny.
Commissioner Prewitt, of Kentucky. as foretold
here last week, has revoked the Mutual Iifo's Il
cense in the Blue Grass State, the company OBJ
tanning an Injunction restraining the execution OF
the writ The revocation was the result OF the
compaDy's failure to reinstate five alleged "co-
erced' managing agents.
Various life insurance commissioners will meet
In Chicago on Monday to appoint committee Of
five to visit New York and investigate the alleged
illegal electioneering methods Of the New York
Life and Mutual Life.
The District Attorney. IN his letter to Mr. Herrick
which is dated November z, the day after election
suggests that, If President Peabody is continuing
the alleged coercion and if Section 66S of the Penal
Code covers such coercion Mr. Herrick begin
criminal proceedings in magistrates court 1t is
understood that Mr. Herrick will not reply to Mr.
Jerome's letter.
The letter In full Is followsi
have carefully examined the charges made
against Mr.. Peabody of coercion, Were the case
stttute proceedings against him, think. however.
/ decidedly incline to the view that Section 65S Of
the Penal Code has been violated, yet from my
view might we'll be taken by a court Mr. Smyth
who has bean examining the case, reports to me
these circumstances do not think should act in
the matter until the election is over The interests
of the people will not be in any way jeopardized
by this delay, and from the constant use of the
ton It Would appear as If they were more solicitous
to use my office TO influence the election than TO
peabody is continuing to use the means complained
of TO coerce agents of the Mutual Life Insurance
tom 658 of the Penal code presume there is
adequate remedy I9r your conlnttee IN Ia court @ 0I
know so much better than 1. that the committee
can go into a magistrates court, represented by
private counsel and institute criminal proceedings
Surely no In this city is more capable than
s0d hah profesona standing to represent them
in such proceeding The question OF law is an
tied by judicial decisions but my intervention az
and I think that should so act as not to render
this possible. 1 shall be glad 70 take the matter
Tbanking YOU very much for your personal cour
tesy and assistance in this matter. remain (etc)
The Mutual Life Poncyholders' Association, by
which ex-Judge Herrick was retained as associate
counsel made public Mr.. Jerome's letter.
Apropos Of Mr.. Jeromes statement that he
does not understand President Peabody IS continu-
ing to coerce the agents as alleged. representa-
tive Of the association made this statement 10 the
reporter:
The agents were so effectively coerced by the
proceedings against Paige and others that Il is not
Necessary at this time to take active steps against
other agents. though the threat OF discharge in
case OF their independence continues. I think no
sensible man can say that the coercion does not
continue Certainly the administration forces are
daily receiving the benefit of it and viii con-
tinue until the election closes
The International poIicyholders committee made
public letter from DR.. r. a. Goeth. OF San An
tonic Tex. dated October %, declaring the Mutual
Life sent agent TO the writer. offering 81 FOR his
ballot