The sun., 1906-12-07
THAT $4,000 PAID LOU PAYN.
FIGHT AT BIRNHAM TRIAL OVER
TESTIMONY ABOUT III.
Justice Greenbaum Reserves Decision on
Its AdmissibiIity Defendant on the
stand Admits That Mutual Reserve
Warrants We're Badly Tangled.

Warrants We're Badly Tangled.
Whether Frederick A. Burnham, presi-
dent of the Mutual Reserve Life Insurance,
paid $4,000 to Lou Payn, rs STATE Superin-
teldent of Insurance, for a favorable report
of the company's standing may appear in
testimony to-day at the trial of George
Burnham, counsel for the company, who
is accused Of the larceny of $500.
The prosecution had already tried 10 get
testimony along this line before the jury,
but after hearing argument on its admis-
sion Justics Greenbaum, before whom
the case is being tried in the Supreme Court,
Criminal Branch, ruled it out
According TO the prosecution +. A. Burn
ham told J. Douglas Wells that he needed
money because he had to pay $40 900 10 Lou
Payn. Late yesterday afternoon in ques-
tioning George Burnharn, who had been on
the stand all day, Assistant District At
torney Mott again referred TO the subject
in a question. To this William Rand, Jr.,
counsel for Burnham, objected. As il was
near adjournment time Justice Greenbaum
sent the jury home and heard argument.
Mr.. Mott cont ended that if George Burnham
knew anything about il he should be allowed
10 testify, as it might have some bearing
on the prosecutors cas-.
Mr. Rand held that what F. A. Burnham
borrowed from Wells had nothing 10 do with
the charge that George Burnham took $500
of the company's money. Justice Green
baum said he would decide this morning
on whether he would admit the testimony.
1t wasn't pleasant day for George Burn
ham several times Mr.. Mott had him
worried, and when that happened Burnham
would wipe his face with a large handker-
chief which he kept conveniently across his
knees.
He had a great deal OF trouble In explain
ing the companys system of warrants for
payments of money In one case warrant
for a check for SIS 600 was entered As having
been paid 20 James, Schell Il Elkus for legal
expenses when really. Burnham said the
check went to Baldwin II White, lawyers.
Another warrant showed a check for 81 500
paid to James, Schell Il Elkus, hut the
money went to Black, Olcott, Grlber
Bonynge Burnham said that these were
fair samples Of the honesty and fairness OF
the companys warrants.
Mr. Mott asked him If he had appeared as
counsel for his brother in the suit brought
against Wells He said he had not.
Didn't you refuse to answer that ques-
ton before the Grand Jury? asked Mr.
Mott.
-Idid on the advice Of counsel " said Burn
ham. He told me that my constitutional
rights had been invaded. He told ne
that while | was before the Grand Jury
| should keep a close watch out to see that
nobody was there that might lnvaIldate
the proceedings. | saw Mr.. kresel, one of
Mr. Jerome's assistants, there and felt
that he had no right there. ! had been
told that he was only deputy Assistant
District Attorney and had no right there.
/ refused TO answer the question on the
ground that it might incriminate me. |
thought that an effort was being made TO
trap me into an admission on winch 10
base a charge against me.
Only statutory Assistant Dist riot
Attornev has right to go before Grand
Jury. When Mr.. Burnham was before
the Grand Jury, in February, Mr.; kresel
was full assistant Mr.. Rand, who knew
pretty well how things were running in the
District Attorneys Office, was fooled, az
Mr. Kresel had been appointed full assist
ant for the occasion and is one now.
Burnham admitted that he could not have
got release for the Wells suit against his
brother if 81 500 had not been paid. Burn
ham said he got nothing for settling his
brothers suit and Mr. Mott wanted To know
if il wasn't charged TO the company Burn
ham said that he didn't have that in mind.
Mr. Mott got excited once in trying to get
Burnham 10 explain why n certain transac-
ton had been charged 10 certain account
Burnham evaded his questions and Mr..
Mott yelled, why, Why was this done?
Don't you know what why means
'w-h-i?" Mr.. Motifs simple spelling was
too much for the jurors.
At the opening of the session Burnham
denied thar he had been coached by Mr.
Rand over night or that he had gone over the
previous testimony. He said his salary
was $50 week as vice president N 1908
bur in that year he got sl7,50o for bills rem
dered He admitted that the company
settled lots of suits.