The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-31
PERKINS GUILTY, SAYS JEROME
NOW DECLARES CAMPAIGN con-
TRIBUTIONS ARE CRIMINAL.

In the argument before Supreme Court
Justice Greenbaum yesterday on the writ OF
habeas corpus sued out by George w.
Perkins, former vioe-president Of the New
York Life Insurance Company, who wa
arrested on Wednesday charged with
grand larceny in connection with the oon-
tribution of 4s,60o to the Republican ma
tional committee, District Attorney Jerome
came out fatty as being Of the personal
opinion that all contributions by trust
corporations to the campaign funds Of
any party are criminal in themselves, and
not only against public policy, but, as he
phrased it, immoral to a high degree"
as tending to interfere with the electorate.
Justice Gresnbaum reserved decision
after lengthy arguments by ex-Judge
william n, Cohen and Lewis L. Delafield,
counsel for Perkins, and by Mr.. Jerome
for the people. But before leaving the
bench Justice Greenbaum intimated
strongly that he was not satisfied with the
validity Of the papers before him, from a
technical point OF view, because there was
nothing in the return Of the writ to show
that an information had beer laid before
Magistrate Moss accusing Perkins Of a
crime.
Mr., Jerome explained that the papers
were drawn in exact accordance with the
established practice of the last eighteen
years and that when, az in this case, an
oral information had been laid no copy
Of such Information was attached to the
papers. Justice Greenbaum said he would
like to have authorities pointed out to him
iustifyinG such a procedure and as Mr..
jerome refused to amend the return to
conform to his views he gave the District
Attorney till Monday to present a brief
on the point.
Special Term, Part H., the courtroom in
which the argument was held, was jammed
full long before the hour set for the hearing.
Every man was asking his neighbor which
was Perkins Of the crowd at the lawyers
table. but the ~relator, as he is technically
known in the proceedings, did not arrive
till the exact hour. Justice Greenbaum
promptly assembled the bench and the pro-
ceedings began.
LAWYER Delafeld spoke first and asked
that the two proceedings, the writ Of habeas
and the writ of certiorari. which called o n
Ma gistrate Moss to show by what right he
had issued a warrant for Perkins, be con-
fOllldltu. III lSply w VIC iSNui NiN
writ. Mr.. Delafeld filed a traverse, denying
that the facts alleged in the information
constituted a crime and asking that the
warrant be dismissed and the prisoner
freed.
Justice Greenbaum consented to the con-
solidation and then Mr.. Cohen began his
argument. He spoke for an hour and a
quarter. He went over in detail the cir
cumstances~ surrounding the campaign con-
tribution at issue. He told how, in Sep
TENDER, 1904, the late John A. MCCALL, as
president of the New York life Insurance
Company, was pestered with applications
Blythe various representatives Of political
parties for contributions to their individual
causes on behalf Of the company.
10 get, rid Of these persons Mccall, said
Mr.. Cohen, believing that the best interests
of the p~olicyholders in general would be
better served by the victory OF Mr.. Roose-
Welt, told Cornelius \. Bliss. treasurer
of the Republican national campaign oom-
mittee, that he would contribute $4,000
of the company's funds, but that the money
must come through George ". Perk ms,
so that Mccall might tell all other seekers
for contributions that he was not giving
any money to any party. o
Bliss got the money from Perkins in
various sums and then. in December, 1904,
Perkins and Mccall explained the circum-
stances to the finance committee, which
anproved. though it took no official action
in the matter, and then a check was made
out to Perkinsfo r the amount, with interest,
sis, 5oa. 50, which was entered on the com
panv's books as paid out by order OF tie
president.
Mr.. Cohen pointed out that under the by
laws the president had absolute power to
make such payments In his discretion and
that he was in no way bound to report the
matter to the finance committee MI,
Cohen added:
These are The bare facts. and from them
", can plainly ace (aud We have the further
statement of Mr.. Perkins 10 that eject that
In making those payments 10 MI Bliss ne
M idea Of intent of wrongdoing, but. on
tho contrary, thoroughly believed that he
ras acting in the best interests OF the COM
many. as it's yice-president and one OF the
trus,ces. and it is al his request that |
wish to state. further, that he has no wish
or desire TO attribute to Mr.. Mccall any but
tho mos, honest of motives, namely. TO pro-
tot the policyholders and their funds
lot us look al this state OF facts, ms common
su'-p men, anu Assn ouiSFlNto "hd VIC az
doducc from II. Mr.. Perkins got his Inc
srrlc,,ons from his chief. Mr.. Mccall, and
rafd out these moneys from his own re-
sources. In the course of time he sought
repayment Of his own money. and this re-
payment is here characterized as larceny.
J. this the usual notion Of larceny. which is
Understood to mean that a man takes from
another what riahtfully belongs to him? Is
n man a thief because he looks for and gets
money back that he has spent under authority
from another person: Let us look into the
definition of larceny. as laid down In the
statutes.
MIR. Cohen then read out the section of
the Penal Code defining larceny, and as he
read he pointed out that the first clause
which related to actual physical taking Of
money, could not refer to Perkins. There
remained when he had got through only
the clause relating to trustees of other
peoples money. This provides that where
with intent" any person misappropriates
such funds he is guilty Of larceny. This
section also relates to persons having under
their control the funds of corporations.
Perkins was a director and trustee"
said Mr.. Cohen, but he was only a sub
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