Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-03-29
Jury MUST DECIDE.
Campaign Contributions by Iusur.
ancs ofcials May Be a Crime.
JUDGE osULLIVlE 50 DECIDES.
Would Subject several to Indict-
ment for Larceny and COrtelyOa
= and Bliss for Receiving
Stolen Goods.

| Jury which Is investigating some o.
the conditions developed by the recent
legislative Investigation reaches the
conclusion that contributions OF in
surance company funds to political
campaign committees were made with
intent to deprive .or defraud the true
owner of his property, 1t must ind
that larceny was committed. This
opinion was expressed Friday by Jus;
tice O'Sullivan in the court of gener-
al sessions in answer to present.
ment on the subject submitted him by
the grand Jurors. Judge o'Sullivan
added that 1t is not within the prov
lnce of the court to say whether or
aot there was intent. This is a Ques-
ton which the jurors must determine
for themselves from all the facts and
circumstances in the case. Hecharged
the jury to make a thorough investi-
cation into all the facts and to place
the responsibility for such crimes, Il
they find that crimes were commit
ted.
Mr.. Jerome was in court Friday and
when Judge o'sullivan had delivered
his opinion the district attorney asked
the grand Jury to remain as he de-
sired to address them upon the SUBJ
ject in question. He declared that
Judge o'Sullivan had misconceiyed
the subject which he had considered
and that If the court held to its opin>
ion 1t would be the duty Of the grand
jury to return indictments against
George w. Perkins, former vice presi-
dent of the New York Life Insurance
company, for larceny, and against
George B. Cortelyou, chairman, and
Cornelius N. Bliss, treasurer Of the
republican national committee, as re-
ceivers Of stolen goods.
Mr., Jerome informed Judge OSulli-
van that If he would sit as magis-
trate he would submit afidavits to the
acts committed by George w. Perkins
and would ask for a warrant for his
arrest. He added that in event OF
such warrant being issued writ OF
habeas corpus would follow and that
the case would be taken to the high
est courts where the district attorney
would retain Alton B, Parker as spe-
cial counsel, Judge o'sulliYan declin-
ed to grant the Warrant giving as his
reason that the question at issue should
be passed upon by the grand jury, : {.
In his charge to the grand jury In
reference to questions they put to him.
Judge o'Sullivan said:
your questions infer the intent In
the payment of q poll teal assessment
and you wish to know whether that
crime. Your question In
iers whether the intent was good or
bad before lnqu1flng OF an the clrcum-
stances surrounding 1t. 1t is not within
he province Of the court to say wheth-
,r there was intent. You must infer
hat from all the facts.
"fhe law says that one who falsifes
he accounts Of corporation is guilty
# forgery. II you ind such evidence
n this case you may take that as evil
fence of intent.
"Under section Gil, officers or agents |
" employees of corporation who make
alse reports of the affairs Of a corpor-
ltion are guilty of q misdemeanor.
You may consider that in relation b |
intent.
Il can not impress upon you too
strongly that self-gain is not necessary |
o constitute the crime of larceny"
IF you fnd that person with the
intent to deprive or defraud the true
lwner Of his property or of the use
md benefit thereof, having in his pos
iession, custody or control as trustee
II officer Of any corporation any money
II property, appropriates the same to
IFS own use or that Of any other per-
on other than the true owner or per-
ons entitled to the possession thereof,
hen he steals such property and is
utility Of larceny. II is not necessary
o and that the person taking or appro-
lrIatins property does so-for his own
Ise or selfish benefit"