The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-25

NEW YORK, March A-'If the grand
jury which Is investigating some of the
conditions developed by the recent Legis-
letlVe investigation reaches the conclu-
sion that contributions of Insurance COM
pany funds to political campaign commit
tees were made with intent TO deprive OF
defraud the true owners Of his property,
1t must find that larceny was committed"
Opinion Of o'Sullivan.
This opinion was expressed today by
Sustice y Sullivan In tho Court OF General
sessions, In answer to a presentment on
tme t subject submitted to him by the grand
jurors Judge o Sullivan added that IL
is net within the province of the court
70 say whether or not there was intent
Ihat is question which the jurors must
determine for themselves from all the
tacts and circumstances In the case. He
charged the jury to make a thorough in
yestigation Into all the facts and to place
the responsibility for such crimes. II they
una that crimes were committed.
Conflicts With Jerome.
This opinion is in effect directly opposite
TO one upon the same subject which was
given by District Attorney Jerome several
days, ago. Mr., Jerome In his brief, which
was submitted TO Justice o Sullivan, held
that there was no ground for prosecution
OF any nsurance official In connection
with tho campaign contributions taking
the ground that no intention to defraud
had been shown. Judge O'Suliyan agrees
with the contention OF the District At
torncy that intent must have been pres
ent to constitute the crime of larceny, but
declares that the question whether or not
there was intent Is question which is
yet to be determined.
Talks to Grand Jury.
Mr.. Jerome was In court today. and
opinion the District Attorney asked the
grand jury to remain as he desired TO
address them upon the subject In question.
He declared that Judge o Sullivan had
considered, and that II the court held to
It's opinion II would be tho duty OF the
grand jury to return indictments against
of the New York Life Insurance company
for larceny, and against George E. Cortcl-
you, chairman, and Cornelius n. Bliss
treasurer OF the Republican National
committe. as receiving stolen goods.
What Result Will Be.
Mr. Jerome informed Judge O'Sulllvan
that If he would sit as a Magistrate he
would submit affldavits to the acts COM
mitted by George w Perkins and would
ask for a warrant for his arrest, He add
ed that in the event of such warrant be-
Ing issued writ of habeas corpus would
follow and that tho case would be taken
to the higher courts, where the District
Attorney would retain Alton B Parker as
special counsel Judge O Sullivan declined
to grant the warrant giving as his rea-
son that the question at Issue should be
passed upon by the grand jury,
Charge to the Jury.
In his charge to the grand jury In ref
erence TO questions they put to him. Judge
y Sullivan said:
Contributing TO political party IS not
necessarily Il crime. individuals and pos
slbly certain corporations may contribute
to political parties as they may contrib
ute to anything else and be guiltless; but
ll,,RID IN m "a
TO render the transaction criminal. You
are 10 Inquire X in this case an act pro-
hibited by law has been committed at the
intent which makes IT u crime.
III YOU ind circumstances tending TO do
ceive or miscad persons having u bene-
ficiaI or financial interest In the property
to dispose OF, you may consider that with
regard TO intent.
Jerome Heard From,
Mr. Jerome. Immediately at the conclu-
sion OF Judge O'Sullivan's charge. asked
that the Jury remain so that he could
make II statement to them. He at once
addressed the court, saying Your honor
has misconceiVcd this matter
The District Attorney then went on to
saw that he was in possession or n great
deal OF Information on this subject He
eaid that George W. Perkins has sworn
that he gave Cornelius n Bliss $4,000 and
that he was reimbursed out of the funds
Of the New York Life Insurance com
pany. such acts. he con CONTINUES, ,ht sqonia s1ota
us here now Is. are they prohibited by
law
.sThere IL a legal proposition before this
court that makes George Is. Cortelyou q
receiver of stolen goods and Cornelius N
Pliss also q receiver OF stolen goods un-
der this theory. Now. II your honor VIII
consent to sit as magistrate, VIII
submit oil OF these matters TO you In al
hdevit form II you hold that they have
committed crime there are many repu-
table corporation officers In this city who
should be declared fclons-
~ want TO have the case of the people
vcrsus George w Perkins put In such
sbanc as TO mako It binding on the court
and myself"
Reply of o'Sullivan.
Judro O'Sullivan replied "No one Is
,oro reluctant than | in turning the
nnwer OF the law toward these men, 1t
ia nv duty to say what the law Is and
nv, view OF It / have given an honest
onInion You have been as honest as i.
Your long experience In criminal cases