The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-11
BURNHAK TRIAL NEAR AN END
JUSTICE GREENBAUM TO CHARGE
THE JURY THIS MORNING.

Rand and Mott Sum Up with Occasional
Sid Blows at Each Other Stress Laid
ON the Failure or r. A. Burnham 20
al the stand for His Brother.
George Burnham, Jr., who was counsel
for the Mutual Reserve Life Insurance
Company, will know to-day what the jury
thinks Of the charge hat he stole $500
from the company. Both Assistant District
Attorney Mott and William Rand, Jr..
summed up yesterday, and Justice Green
baum, before whom the case has been
tried in the Supreme Court, Criminal Branch,
will charge the jury this morning.
Only a couple of witnesses were examined
yesterday. Frederick A. Burnham, presi-
dent of the company, was not a witness
for his brother. The charge of larceny
against George Burnham drew out Of a
loan which j.. Douglas Wells, who was
connected with the company, says he made
TO Frederick A. Burnham. Mr.. Mott In
summing up made a point Of the fact that
Frederick A. Burnham, who knew more
about the validity OF the loan than my
body else. failed to take the stand.
Mr.. Rand started out in his summing
up by attacking the attitude OF the prosecu-
ton. The prosecutor" he said. reminds
you OF a captain OF vigilantes who ia leading
out an alleged horsethief to be hanged.
Lets have trial, suggests the tenderfoot.
What's the user replies the captain. HE
stole the horse. that's enough"
He blamed the entries in the company's
books about the payment Of certain claims
to the comptroller of the company, n
not George Burnham. The policyholders
lost nothing, he said. Lawyer George Ed
win Joseph's conduct in handling claims
against the company was severely ortiz
cised by Mr.. Rand, who said that it wasn't
hard to judge between Joseph and Buro
nam as to who was telling the truth.
Il do not appear here as a supplicant for
mercy" said Mr.. Rand. turning on his
oratorical guns, but as a citizen demand
ing Justice. You are not asked to vent on
this man the sins of other men in other
places whom you deem guilty. Will you
in this solemn hour listen to such rotten
SANDER as that Lauterbach-Payn-exempt
firemen's story7 viii you listen TO this
Frankenstein of iniquity tagged o by
skilful ~tailors in Joseph's coat Of many
colors2 God help you in days to come IL
YOU should find this man guilty without
a clear conscience as to his guilt
Mr.. Mott referred TO the ~eloQuence Of
Mr.. Rand. saving that it was a dangerous
thing which the jury should not allow to
cloud the facts in the case. One minute,
he said, Mr.. Rand asked for mercy and
the next Tor Justice. There ia nothing IN
this case for me except my salary" said
Mr.. Mott. There is no insurance money
from downtown coming 10 me because
of this case" He called Edward Lauter-
b~ach-who was a witness for Burnham-
Smooth Ed, ' and said he was a bosom
friend of Lou Pawn.
where is Frederick A. Burnham1" asked
Mr.; Mott. why is he not here to-day5
Wells loaned him the money. He can ex-
plain the whole thing. Denials of the
loan come by proxy, from the defendant
and Eldridge, but where is F.. A. Burnham?
He was the man most benefited, but nave
you seen him at this trial since the jury
was drawn
-Burnham did not use a crowbar to get
this money. When a man commits a crime
of this kind he does not leave an open trail.
He covers his tracks. Robbery like this
is worse than robbery by violence. 1t Ia
much worse TO have the p~olioyholders'
money looted by officers. This money
was taken from dues and assessments smok-
ing hot from the ~policyholders' pockets
There il no question Of moral right here.
This was plain outright stealing, and il ia
for you to decide whether it is to be
tolerated"
The last witness yesterday was f. W. NJ.
Ehlers, who was a director of the
Mr.. Mott got hin to admit that part Of the
money which was included in the $13, 900
payment TO Lawyer Joseph was TO go to
Wells. Burnham and Eldridge nave testi-
fed that not a cent was to go to Wells for
ANYTHING.