The Montgomery advertiser., 1906-03-24
Justices Charge Resent cd by District
 Attorney. HEATED CONTROVERSY
 IN NEW YORK COURT Prosecuting Attorney Asks War rant for George W.
 Perkins. Jurist Tells Him to Go to Magistrate or to some Other Court Which Is IdIe--Grand Jury to In-
 vestisate Insurance.

New York, March 2S.--If the grand jury which is Investigating some of the recent legislative investigations reaches the conclusion that contribu- ttons of the insurance company funds to political campaign committees were made with intent to deprive or defraud the true owners of his property, 1t must find that larceny was committed.
 This opinion was expressed today by Justice O'Sullivan in the Court off Gen. eral Sessions in answer to a present. ment on the subject submitted to him by the grand jurors.
 Judge O'Su1livan added that 1t was not within the province of the court to say whether or not there was intent. That is a question which the jurors -s,st determine for themselves from ai, K %,s,.S. % and circumstances in the S.ss Ess cfaresss,, s lhe jury to -1ake thorough Investigation stnto all the facts and to place the responsibility for such crimes if they find that crimes were committed.
 "You are not to go seeking for shell ter as an excuse to avoid an unpleasant duty, he said.
 This opinion is in effect directly op- posite to one on the same subject which was given by District Attorney Jerome several days ago. Mir. Jerome in his brief, which was submitted to Justice O'Sullivan, held that there was no grounds for prosecution of any tnsur- ancc ofieial in connection with the campaign contributions. taking the ground that no intent to defraud had been shown. Judge O'Sullivan agreed with the contention of the District Att torney that intent must have been present to constitute the crime of lar ceny, but declares that the question whether or not there was intent is a question which is yet to be determined
 Jerome Addresses Jury.
 MT. Jerome was in court today. and when Judge O'Suliivan had delivered his opinion, the District Attorney asked the grand jnry to remain as he desired 10 address them on the subject in ques- tion. He declared that Judge OSulh- van had misconceiyed the subject which he had considered and that It the court held to it's opinion 1t would he the duty of the grand jury to re- turn, indictments against George W. rerlins, former Vice President of the New York Life Insurance Company, for larceny. and against George B. Cortel- vou. Chairman. and Cornelius N. Bliss, treasurer of the Republican National Committee. as receivers of stolen goods. r,,..,ui
  van that if he would sit as magts- trate he would submit affidavits to the acts as committed by George W. Fer JSins and would ask for warrant Tor his' arrest. He added that in event of such a warrant being issued, a writ of habeas corpus would follow and the case would be taken to the highest courts. where the District Attorney would retain Alton B. Parker as spe- f1I cOIlnaol
 fudge O'sultivan declined to grant the warrant, giving as his reason that the question at issue should be passed or, by the grand jury,
 Tn his charge to the grand jury in reference to questions, they put to him, Jmdg,e O'suIIfvan said: Your ques- lion infer the intent in the payment of a political assessment, and you wish fo know whether that constitutes crime. Your questions infers whether the intent was good or pad before in- auiring of all the circumstances sur rounding it. This question comes un- der section 520, of the penal code, which expressly declares that to com init fine crime of larcency, there must be intent It is not within the prov ince of this court to say whether there was intent. You must infer that from all the facts.
 Honest or Questionable.
 Was. it an honest transaction act uated by honorable motives or was 1t an act under artifice disguise and con cealment?
 "From these facts you will get the character of intent"
 The law says that one who falsi- fies the accounts of a corporation is guilty of forgery. If you find such evidence in this case, you make that as evidence of intent.
 Hinder section 611. officers, agents or employees of a corporation who makes false reports of affairs of Il corpora lin are guilty of a misdemeanor You may consider that in relation to crimi- nal intent. It is not within the prov , nee of the grand jury to speculate how a crime has been avoided but rather how 1t has been committed.
 q cannot impress on you too .trongIy that self gain Is not neces- sary to constitute the crime of lar i"Contributing to a political party ia not necessarily crime. It may be, and you may presume it to be, an inno- cent transaction. Individuals and pos bute tos political parties as they may contribute to anything else and be 9uIltless, but they may contribute m such a manner as to render the tran saction criminal. You are to inquire if In this case an act prohibited by law has been committed with the intent which makes 1t a crime"
 ..Your question assumes that the in- tent governing the contribution to the State political party was to ingratiate inc said corporation in favor of the po- iitical party, that said political party, If successful in the then ensuing cam paign. wouH prevent any legislation nr Investigation which might affect the pecuniary interests of said corpor- alton. or would secure Legislation which would prevent the enactment of legislation which would inJuriously af- fact the pecuniary interests of said corporation or hostile investigation of It's affairs.
 Must Have Facts.
 "Withbut going into the apparently questionable nature of such purposes you cannot infer intent, good or bad before 'inquirinE into the facts and cir