Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-02
GEO. BURNHAM, JR.,
BACK IN TOMBS
He Seems to Have Enjoyed His
Stay at Sing Sing.
EFFORT FOR BAIL MONDAY
He Says That He and Hughes Have
Good Health.
VERY LIBERAL TO HIS KEEPERS
Old Law Just Discovered May Change
the Aspect of the


Special Dispatch to The Star.
NEW YORK, June 1.-George Burnham,
jr., who was general counsel for the Mutual
Reserve Life Funds Association, was
brought from Sing Sing to the Tombs
tonight. The order on the decision of the
appellate division that he was entitled to
new trial was signed Saturday morn
ing, and Deputy Sheriff Bell was sent to
Sing Sing to get him. Burnham was con-
victed of grand larceny In connection with
his management of the affairs of the COM
pany.
1t was a little after 6 o'clock when Burn
ham got to the Tombs. He left Sing Sing
shortly before o'clock His wife met him
at the Grand Central station, and then he
got something to eat.
Close friends of Burnham would not have
recognized him when he got on the train.
The flowing side whiskers and mustache
which he wore as an insurance official
were gone. The four months which he
spent in prison had cut about forty pounds
from his weight, which was DDS pounds.
His face, which had been flushed, was
healthy looking and his eyes were bright.
A Religious Retreat.
THAT sojourn you have had must have
made you feel that you were in a santa
rum" said some one.
Il was in a religious retreat" said Burn
ham. who was in good humor."
How is your health?'
Gov. Hughes and l are enjoying the best
of health said Burnham, smiling.
Z Then Burnham spotted an amiable old
graybeard who had forgotten to shave for
several days. Durham laughed.
You look just as We looked Tuesday he
said.
We got shaved once week, and
Wednesday is the day.
Burnham was asked If he had seen his
counsel, William Rand jr., AS there was an
impression that Mr.. Rand had gone to Sing
Sing early in the day to be on hand when
Burnham was released.
Il haven't seen him in two weeks said
Burnham. He is most faithful counsel.
1t is not his fault that l went away, but it
is his fault that l am not still there
Will Try for Bail.
Burnham said he was not going to make
any attempt to get out on bail until Mon
day morning.
Il want to see the two Macs" he said
"They such good fellows. 1 was also
brought back here so l could hear Chaplain
Wade speak In the morning"
The two Macs are keepers in the Tombs.
The Tombs welcomed George Burnhan.
Even If it is only for two days he will be
the most liberal prisoner there. Before he
went away he Kept several OF the Keepers
supplied with small change.
s. T. Tying of counsel for Burnham served
notice yesterday on Assistant District At
torney Taylor that an application for bail
for Burnham would be made on Monday
morning. This will not be opposed by the
district attorneys office. An effort will
be made, however to have the court of
appeals review the decision of the appel
late division in the Burnham case. AS
sstant District Attorney Taylor will ask
Justice Ingraham, who wrote the opinion
in the Burnham case, to allow it to be
carried to the court of appeals. The court
of appeals cannot pass on the facts, but
can pass on the law involved. If the ap-
pellate division should refuse to grant the
order of appeal nothing can be done by
the district attorneys Office and Burnham
will have to be tried again.
Justice Ingraham's Opinion.
There were two paragraphs in Justice
Ingraham's opinion which caused some
comment yesterday. They were as fol-
lows:
1T is now essential as 1t was under the
Roman and early English law that the
intent of the taker shall be to reap any
advantage from the taking. The statute
makes the crime to consist in the intent to
despoil the owner of his property. That is
necessary to complete the offense and If
man under the honest impression that he
had a right to the property, takes it, it is
not larceny If there be colorado title
Another paragraph said:
There was also evidence admitted,
against the objection and exception of the
defendant, in relation to the entry in the
books of the corporation respecting the
payment, which was incompentent as
against this defendant. He was not shown
to have anything to do with these books or
any knowledge of their contents or any
connection with the entries. The books of
the corporation are not evidence as against
an officer of the corporation in a criminal
prosecution against him"
The last sentence was construed nv sew
efal persons to mean that this decision
would interfere with the prosecution of
officials of other companies, who have been
indicted The indictments against these
officials are for forgery and perjury. and
there was no one in the district attorneys
office who felt that the decision affected
In any way the prosecution Of the other
cases.