The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-12
BURNHAM FOUND GUILTY.
HUTI Al RESERIE'SCOI NSEL CON
IICTED or LARCENl.



George Burnham. Jr., IN was counsel
for the Mutual Reserve Life Insurance
Company, was convicted yesterday in the
Supreme Court, Criminal Branch. OF the
larceny of 81 500 from the funds Of the
company. He was taken to the Tombs
and locked up. II is his first jail experience.
as he has been out on bail during the trial.
On the motion of William Rand. Jr.,
who defended Burnham, he will not he
sentenced until Friday morning. In the
meantime he will a to stay in jail, as a
certificate of reasonable doubt cannot he
issued until Judgment lie passed. Burnham
was convicted of larceny in the first degree,
the maximum penalty for which is twenty
years. Burnham is the first life insurance
official to be convicted since the insurance
scandals broke.
Burnham heard the verdict calmly, ex-
cept that big beads of perspiration APP
peared on his face. The jury had been
out for four hours. but two hours of that
time was taken up while the jury was at
luncheon. 1t was 4:30 o'clock and the
court room was darkening when word was
brought to Justice ~Greenbaum, before
whom the case was tried, that the jury mad
agreed on a verdict.
Burnham had been in the prison pen with
a deputy sheriff. He was brought into the
court ROOM, which quickly filed. His
brother, Frederick A. Burnham, who is
president Of the Mutual Reserve and who
was indicted with him, was not in court
George d. Eldridge. vice-president Of the
who is also under indictment
was in court. So were a number Of Burn
A.zapo fsoaI, ,-l osanotaNas IN the inG1tr.
ance business, including his son Fred. who
has been with him all through the'trial.
As the Jury fled in the court room
became very quiet. Clerk Brophy asked
the foreman, Henry ii. Alger, If the jury
had agreed upon a verdict, Burnham was
standing up. Foreman Alger, who had
been facing Justice Greenbaum, turned
around and looked squarely at Burnham.
Guilty, he said, with such positiveness
that every one in the court room remarked it
Burnham's friends were hard hit by the
verdict. They nae been hoping for a dis
agreement His son held his head in his
hands for "A few minute and then went over
and shook hands with his father. Good
by. Fred, said Burnham, as others came uI
10 solace him. He laughed a rather forced
laugh and shook hands with his counsel al
he started for the Tombs.
Assistant District Attorneys Mott and
Kresel, on whom had fallen the burden oil
| prosecuting and investigating the charges
against the B~urnhams, were congratulate
by everybody in the District Attorney
office from Mr.. jerome down. The case
was regarded as a very important one and
| Mr.. Jerome was much interested in the
outcome.
Justice G~reenbaum's charge to the jury
was considered 20 he very fair. He re-
ferred to the fact that three Supreme Cour
Justices-Dugro, Davis and Blanchard
had testified to Burnham's good character
He also said hat the jury should not be-
swayed by public clamor but should sifI
the wheat from the chat in the case anC
render a verdict ON the evidence.
Both F. A. Burnham and Eldridge have
been out on 81, 500 bail each. Assistant
District Attorney Mott will appear befoT,
Justice Greenbaum this morning and asl
10 have their bail jumped to s25 900 each
The evidence brought out at the trial, /
was said. had very much strengthened thu
case of the prosecution against r. 4. Burn
ham.
Soon after Burnham was taken 10 tn
Tombs his friends and family made ar
rangements to make him as comfortable
az possible. A coach loaded with food
bed linen, changes of clothing for the pris
oner and a comfortable chair drove up u
the Tombs. The driver carried out tn
bed linen, food and clean clothes. He ais
carted out the chair, but he was stoppe'
inside of the Tombs door. Warden Flynn
said he had no objection to the food an
other stuff going to Durham 8 cell, but tn
chair wouldn't do. Burnham's friend
pleaded with the warden, but he wouldn'
bulge and the driver reluctantly took tn
chair away
From the preparations made by Burnhar
he evidently expects to stay in the Tomb
for some time. Following the decision /
the Hummel case he cannot be releases
on bail until a certificate Of REASONABLE