Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-03-27
JUDGE CALLS N THEFT
A Grand Jury Practically In.
structed to Indict the Insur-
ance Officials
HIS OPINION OPPOSES JEROME
Judge o'.suIIivan Warns Members Of
tho Grand Jury Of Their Duty to
Find True Bills Against Insurance
Men Who Gave Policyholders' Money
to the National Campaign Fund.

10 Iu0 NdSlOudI SdfuRdISu NIINa
New York, March 27.-Judge O'Sulli-
van, in the court Of general sessions,
delivered a charge to the grand jury
which amounted practically to an order
to indict for larceny insurance officials
In the charge yesterday Judge ONSulli-
van emphasizes his opposition to the
stand of District Attorney Jerome, who
had advised the grand jury that such
campaign gifts are not larceny. The
judge reiterates his statements to the
effect that it Is for the jury to decide
whether the gift of insurance funds to
political parties does or does not con-
stitute larceny In this opinion Judge
O'Sullivan disagreed with District At
torney Jerome, who had advised the
grand jury that such gift is not lar
ceny.
1T is your sworn duty" Judge
O'Sullivan told the jury yesterday, ito
continue your investigation to this end.
You should refuse to permit the case
to be taken from your consideration
and demand the evidence and invests
gate fearlessly."
Would Remove Jurors Doubts.
Judge O'Sullivan in his charge said
Information has reached me that ow-
ing to the colloquy between the court
and the district attorney. following the
courts instructions to you last Friday,
there exists doubt among you as to
the real meaning of the courts advice
on the question discussed and your
duty with regard to it.
Officers Of corporation who are
employed to manage and. invest cor
porate funds for the profit of cor
poratiort are limited in that respect to
financial investments. So watchful is
the law over funds Entrusted to such
officers that 1t prohibits, in certain in
stances, investments even in securities
frequently considered in the business
world as standard securities. There is
a wide range between such invest
nent and the giving away of corporate
funds to a political party. If you find
that they have been so diverted you
1 WAiA AAilo eA1eLl tlACy AdNO OGCl 1llSdP.
propriated and to that extent viola
tion Of the law.
Bound to Take Courts Law.
you must find, however, the opera
ton colored with felonious intent be-
fore you may call it crime. Your 1ues-
ton, WAS there felonious intent ?
must be answered by yourselves; but
the court gave you the law on the sub
| ject and you are bound to take it as the
court gives it.
If corporate funds were diverted
from the rightful owner and giver
away without the slightest expectation
Of profit or financial return, was any
person deprived Of his property" Ha!
any citizen right to expect profit OF
financial return from such transac-
ton with political party?
IF a person was deprived of his
property and the transaction was false.
lily accounted for or not accounted fol
at all or if there were false entire!
to conceal it or no entries whatever
have you evidence of intention to de.
fraud?' The answer is with you under
instructions from the court, alread.
| given, namely, that felonious intent j!
| criminal intent and criminal intent i!
to take with the intent to deprive ane
defraud.
.If you find that such officers die
SO misappropriate property the cour
charges you that it is your duty to FIND
that the crime of larceny has beel
committed.
Urges Jury to Do Duty.
7. .eTn the performance Of our duties WI
NAV meet with many an unpleasant
task, but duty is often meritorious onl!
as its, performance is difficult and dis
able. True we should not be IN
/ fuenced by public clamor, but let VI
take care to distinguish between thu
noise and rabble and the honest ex
preston of public opinion. Let us tax
care to stem the rising tide OF d1sre
spect for the decisions and verdlcts o
our courts and juries. You can 90 muci
in that direction, gentlemen by per
forming your duty now
.R,.fuse to permit this case to o.
taken from your consideration. De
mand all the evidence surrounding II
rive .tigate completely and fearlessly
If YOU decide that no crime has beel
committed. no injustice shall be done
If You determine that the law has beer
violated. Justice will have it's way
Gentlemen, I charge that it is you
sworn duty to continue your investlga'
tion of this case to the END.
Unable to Obtain Evidence.
A. the completion of Judge osulii'
cams charge Foreman Van valkenbers
o Of the grand jury went to District At a,
~ tor1,ey Jerome's office to ask for tn
evidence in the insurance cases M en'
district attorneys possession Du. WIZ,
No .aached the office, however ne wa
ia That Mr.. Jerome had gone away
l9a' had a talk with Assistant Distric
Attnrnev Perkins, who has charge o
tna grand Jury proceedings in Mr.. Jer'
Ives ore 3 absence, but went away withou
obtaining the evidence which ne soush'
1ohn Adams shot and fatally wound
- Harry Miller. an iron worker IRON
Aio-andria Ind, because of attentions