New-York tribune., 1907-06-04
WILL TRY FOR APPEAL.
Jerome Has Little Chance an Burn
ham Case, 1t Is Thought.

In view Of the nature of the opinion handed
! down with the unanimous decision Of the APP
| pellate Division of the Supreme Court in re-
versing the conviction of George Burnham jr.,
former vice president of the Mutual Reserve
Life Insurance Company it is not considered
probable by we'll informed lawyers that perms-
sion VIII be granted to the District Attorney to
| appeal to the Court of Appeals. District At
| torney Jerome however. believing that nothing
should be left undone to bring the case against
Mr.. Burnham to a successful conclusion, de-
cided last night after a conference with Assist
| ant District Attorney Taylor, his expert in ap-
peal work, that formal application should be
made to the Appellate Division.
In granting such permission the Appellate Di-
vision would have to certify that II found in
the case sufficient evidence to warrant convic-
tion on the facts and that their reversal was
solely points of law. AS the opinion, in which
all the Justices concurred. intimated that Grim
inai intent had not been proved in the case, it
is considered highly improbable that the APP
peate Division would practically reverse Itself
by certifying that the facts were sufficient for a
conviction.
Action by the Court Of Appeals being out Of
the question. the problem remains before Dis
trict Attorney Jerome whether he VIII elect 70
retry Mr. Burnham on the same Indictment
or will place him for trial on one or the Tour
other indictments found against him at the same
time one Of these IS also for larceny and the
three others are for forgery
In any case. Mr.. Burnham cannot be urea
again before fall He released yesterday
noon from the TOmbS. where he had been trans
ferred from Sing Sing on Saturday. Justice
Giegerich in the Criminal Branch of the Su-
preme Court. in the morning had fixed his bail
at S 900 II furnished by William Craw-
ford. and Mr.. Burnham went at once to tn"
home of Frederick 4. Burnham, his brother,
with whom he had lived for some years prior 10
his conviction. He did not go near the offices
of the Mutual Reserve, in which he and his
brother played so prominent a part for many
arslh he iG nor gNp
Regarding an impression in some quarters
that a sentence in the opinion Of the Appellate
Division reading, The books Of corporation
are not evidence against an officer of the
CORPORATION in a criminal prosecution against
him" would block the District Attorney In most
of the actions against life insurance officials
now pending. District Attorney jerome said
yesterday:
THAT sentence might deceive "A layman. but
do not think would confuse a lawyer The Opn
ION does not lay down any new points Of law,
and I'm that sense Is narrow I'm It's application.
OF course the books OF a corporation cannot be
he had guilty knowledge Of that particular part
on which the crime alleged. The opinion
simply states that IN this particular case the Ap-
pellatc Division believes Il was not shown that
the defendant had knowledge Of or connection
with the entries In question.
The decision is IN no way disCouragng so
far aa the outlook for success IN the other cases
goes"
Justice Giegerlch impaneed special
grand iury yesterday 10 continue the investiga-
painter Of No. 45S Pearl street. is foreman. II
is said that some OF the transactions of the
New York Life brought out In the Armstrong
investigation but not as yet taken up by the
grand jury will be considered
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