New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-11
PERKINS CASE RESTS.
DECISION Is RESERTED.
Jerome Stoutly Opposes Inspection
of Grand Jury Minutes.

Justice Fitzgerald, in the Criminal Branch of
the Supreme Court. reserved decision yesterday
on the application of George w. Perkinss coun-
sci to inspect the minutes of the December grand
jury, which found indictments for forgery
against the ex-vice- president Of the New YORK
Life.
In opposing the granting of the application
District Attorney Jerome said that it would be in
defiance Of public policy to grant such request
as there We're persons mentioned in the evidence
who had not yet been arrested. but might be at
some subsequent time.
MIR. Perkins. now member of the banking
firm OF ]. p. Morgan & Co. but formerly direc-
tor Of the New York Security and Trust Com
pany. was indicted December Is on SIX
counts. alleging forgery in the third degree
growing out of the charging off from the books
of The insurance company to those Of the trust
company of certain railroad stocks, to permit
the insurance company TO continue TO do busl-
In Prussia.
Lewis l.. Delafeld and William n. Cohen made
the arguments in favor Of Mr.. Perkins's con-
tention.
Mr. DelaheId contended that there had been
no intent on the part of Mr.. Perkins to defrauu
as was shown by the filing with the lnolctheh'
OF the most extraordinary and, believe I'M
precedented presentment' by the grand JURY
The facts generally surrounding the case were
such said Mr. Delafield. as should cause inc
court to probe into the suficiency of the evl-
dence on which the indictments were found.
Reading rrom the Perkins affidavit, Mr.. Deia-
ee1d said his client contended that he was not
guilty of the crime charged and that he had
nothing 70 do with the entries on the books he
declared that his client had not been suopoenaeu
and that he had not been warned in the grand
Jury room of h1s constitutional rights.
No inference can be drawn from the e'luei'o
given by him." continued Mr.. Deai1eio' 'il@'
he had anything 10 do with the accounts Oh '"e
New York Life vice~president- 1 think
can move with reasonable certainty for the min
utes of the grand jury"
Mr. Delafield then urged than Mr.. Perkins had
not received a hearing before magistrate on
the question of his guilt. He believed that the
constitutional rights OF his client had been in
vaded He declared that there no COM
netent evidence In the case to show tina. the
entries in the books fraudulent He then
asked
us It not possible that terrible mistake has
been made here and that the grand jury has
misa pprehended this whole matter. and that my
client, Perkins has been called upon to answer
to an invalid Indictment"
Mr. Deafeld cited the decision OF Justice
Kenefick by which Aba" Hummel and Benja-
min Stenhardt received permission TO inspect
the grand Jury minutes.
Mr. Jerome said there one point which he
wished to set right, and that was that Mr..
Kresel was a full Assistant District Attorney.
and that the con Intention of opposing counsel that
Mr. Kre.el had right in the grand jury
untenable.
THE most that has been done by counsel of
the opposition" said Mr. Jerome. has been TO
file an affidavit here in which he says he has
committed no crime That mers Denial how
ever is not sufficient TO gain the inspection Of
the minutes of the grand jury.
The District Attorney then took UP the con-
tention that the names of witnesses which APP
peared the backs OF the indictments were
names Of those who knew nothing about the case.
The law compelled the putting OF the names of
all witnesses the back Of the indictments, said
Mr. Jerome, and st was true that the names Of
some witnesses placed the Indictment
those Of witnesses whose testimony did not
bear upon the case. Mr. Jerome continued:
Il shall consent that he be given the minutes