The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-13
DR.. GlLETTEWAS"BRTRAYED"
MAS CORNERED BY JEROME AT
GRAND JURY HEARING.
Nov Seeks 60 Quash the Perjury Indict-
ment IN the Ground mat He Did Tell
the Truth About Mutual yellow Dog
FUND Before the Hearing was over.

ment on the Ground That He Did Tell
the Truth About Mutual Yellow Dos
Fund Before the Hearing was over.
ur. Walter r. Gillette, who was n Of the
first vice presidents Of the Mutual Life In
suranoe Company, began yesterday his fight
20 have dismissed the indictments for
perjury and forgery which grew out Of
District Attorney Jerome'e investigation
81 the Mutual management.
It came out in the argument that then
Dr. Gillette went before the Grand Jury
where he is accused Of having committed
perjury, he did not nov that Andrew
G. Fields, who was the Mutual's confidential
legislative agent. nae confded to Mr.. Jerome
all he knew about the affairs Of the Mutual.
At first DIR. Gillette told the Grand Jury
most positively hat an account of IS 900
which he had in Fields's bank at Dobbs
Perry was his own personal account, but
when questioned closely he told Mr.. Jerome
that he was glad the question had been
brought up Us he had heen trying to find
= way Of getting the money back to the
Mutual, where II belonged. h 5000
vas part of the so-csllcd yellow Dog"
fund
Or. Gillette told the Grand Jury that he
had been advised not 10 say anything about
the account. and in combating the argu-
,ncnt Of ex-Justice Edward W. Hatch.
counsel for rr. Gillette, that DIR. Gillette
couldn't nave committed perjury before
he Grand Jury, Mr.. Jerome declared that
it was only through fear or penitence that
Dr. Gillette admitted the real purpose OF
the account, and this was after no learned
that he had been betrayed.
Mr.. Jerome refused to say afterward
who had betrayed Or. Gillette. but IL Is
known that DR.. Gillette had talked with
Fields and former President McCurdy OF
the Mutual about the account and had been
advised not to mention it to the Grand
Jury or TO Mr.. Jerome.
Or. Gillette was not in the Supreme Court.
Criminal Branch. where the argument
was heard before Justice Greenbaum. He
was represented by eX-Justice Hatch and
Solomon Hanford, his attorney. The
argument war made by Justice Hatch,
who contended that as DR.. Gillette had
told the truth before he left the Grand
jury room he therefore did not commit
perjury; that the indictment was defeotive
because DR.. Gillette wasn't questioned on
a material matter, and that his constitu-
tional rights had been invaded when he
was called before the Grand Jury.
He is in the predicament Of having been
indicted for telling the truth said Justice
Hatch. which is somewhat anomalous.
insist that it tx not shown that the crime
Of perjury was committed.
Justice Hatch then vent over DIR. Gil
lette's testimony before the Grand jury.
In the nomenclature of the day. said JUS
tice Hatch, DIR. Gillette had in his possession
q yellow d og fund, which was at times
rs low as $500 and at other times as high as
Sll 900. He also certified vouchers.
At the time of District Attorney Jerome's
Investigation DR.. Gillette had in the Dobbs
Ferry bank SIS 600. Mr.. Jerome asked DR..
Gillette about that account before the
1T il NV personal account" said DIR.
Gillette.
In your name?" asked Mr.. Jerome.
%Yes, as trustee.
Trustee for whom
Trustee for myself,
Then why did you desire to return it to
the Mutual Life?'
Il wasn't 6esirous of returning it."
But haven't YOU conferred with others
about returning it,
When it. came to that question a great
light dawncd on DR.. Gillette, He made
Mr., Jerome repeat question after question
and finally said
Il am sorry thai you got a. far a. that.
That is a sum Of money that ] have been
trying to get lack to tho company for
some time. ] have taken advice on the
1ut iect Of getting the money back. That
money belongs TO the company. am
clad that Won have brought this out.
~..rstice Hatch explained at this point
tina. neither he nor Mr.. Hanford bad any
thing {" DO with advising DR., Gillette on
his question He went an to read from
tho tiraId Jury minutea showing that DR..
Gjliet'c had testified that Mr.. Mcturdy
lrcN aSoJt tho money and that az one
tin,o T. Wis IN Or. Giilette's safe.
VI rome questioned Dr. Gillette at
,rrg'h an the signing ~ vouchers in
no iu'lnl and IL was brought ont that tho
,fIlc nr-grair- that existed in the company
,u.bt "" have gone on without the knowl-
CIrc al ~. Gillette. Mr.. MctuTdy and Mr..
Gralr's nc thing Ur. Gillette was qucr-
- - 8,oIt was n voIcher for $4,000.
,'ii'r Ir. Gillette indorsed.
Finally. D. Gilletm said hn had been
iioi-ti,i-ed an 'estifying about the pobbs
Tory a,"cnnt. - am impressed he told
t5r { r.rd Jr;r.. "that sometimes you can
I,t have ~ good coUrael a. your own
y.dIucr:.
believe that he WIS right in that case
Id,Ind Justice Hatch.
"Ncrs you advised by counsel TO commit
Ierjury:" Mr. Jerome asked Dr. Gillette
a. the Graud Jury inquiry.
# was advised by counsel not to bring
The matter up answere DR.. Gillette.
II wa said later that Or. Gillette had not
CCtt-llileu u lawyer uuI UUl 'dihfu "Nu
Andrew e. Fields. who. Subsequent to the
talk. testified before the Grand jury and
gave Mr.. Jermnc additional information.
Jusricp Hatch argued that II vas mon
,truus 10 say that nr. Gillette had COM
united perjury, although had he left the
Grand jury room with his original story
unqualified or unchanged there were all
no ~elerents Of perjury. The law wasn't
50 harsh a. TO hold that q man could be
indicted for telling the truth. He added
that DR.. Gilleuee rights had been invaded.
- the subp ina said that he was called in
the case OF the People vs., John Smith
when it was really another inquiry. II DR..
Gillette was illegally before the Grand jury
how could he commit perjury, Justice Hatch
asked. Justice Greenbaun unmarked, how
ever. that he couldn't follow Justice Hatch's
line Of reasoning on the perjury question.
DIR. Gillette stuck to his story" said
Mr.. Jerome, until he realized that the man
he had conferred with had betrayed him.
He went into the Grand Jury room to swear
This. thinR through. The Grand Jury az an
official body Is entitled to veracious teS-
iiInony. DR.. Gillette stuck to this story
IN the advice OF counsel until he changed
II either because OF fear or p~enitence. The
.oct.nk;oo - NJ Hatch N that INV witness