Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-08
VERDICT PROMPTS THE ACT
Minority Opinion of the Court Moves
Him to Refund Money.
BEARS WHOLE LOSS HIMSELF
Declares Contribution to Republican
Campaign Fund Was Made for
Policyholders.

last week. when by a vote of to 3 he was
acquitted of a charge of grand larceny
George w. Perkins, formerly vice presl-
dent of the New York Life Insurance Com
pany has sent to the insurance company
a check for $54, 10, representing as prin-
cipal and interest the amount contributed
by him in 1904 ON behalf Of the company
to the republican national committee, and
for which he was subsequently reimbursed.
BY this action Mr. Perkins personally as
srmes the burden of the gift rather than
rest under the implications made In the
opinions of the dissenting members of the
court.
Before leaving for three weeks trip to
the south on Wednesday Mr.. Perkins ad-
dressed this letter to Alexander E. Orr.
president of the New York Life Insurance
Company:
Dear Sir:-In 1904, at the request of the
then president of the company. advanced
$4s,5GO as a payment on behalf of the New
York Life Insurance Company to the re-
publican national campaign committee.
did this with the understanding with the
president that 1 should be reimbursed by
the company. Subsequently l was so reim-
bursed The payment was made without
any thought on the part of the president
or myself of personal advantage, but sole
ly in the belief that it was for the best
and broadest interests of the policyholders
both at home and abroad.
In dismissing the criminal proceedings In
stituted against me for accepting reimburse
ment the courts have intimated that the
payment, and therefore the reimbursement,
was not for proper corporate purpose.
therefore return y to the :. company tne
herewith my check for 4,O19. 10, to cover
principal and interest
Mr.. Orr Won't Talk.
This letter was made public from the
offices of the company yesterday, but Mr..
Orr, who has been confined to his bed for
two weeks with a severe attack of ton
silitis and grip, would make no comment
upon it. Il had received an intimation
this morning." he said, that letter to
the effect of this had been sent, but have
not been and am not now in condition to
discuss business affairs"
After the fact of the campaign contribu-
lions had been brought out by the Arm
strong investigating committee Mr.. Perkins
was arrested on March %, 1906, at the IN
stance Of District Attorney jerome. Lewis
l.. Delafield, counsel for Mr.. Perkins, OBJ
tanned a writ of habeas corpus from Judge
Greenbaum in the supreme court.
At the request of the district attorney
Mr. Perkins then placed before him &C
count books and checks of the New YORK
payments. He also narrated the transac-
ton to Mr.. Jerome in detail.
In the early part of September, 1904, he
said Cornelius N. Bliss, treasurer of the
him that John A. Mccall, then president of
the New York Life, had promised that the
company would contribute $oO,oOO TO the
campaign fund and had requested him to
roborated by Mr. Mccall, who told Mr..
Perkins that demands were being made
on him for other political contributions
which it did not seem to him to be TO the
best interests of the company to make,
and that it would be easier for him to re-
fuse such demands If the payment to the
republican national committee was not at
that time made directly from the funds of
the company.
HE therefore asked me to see Mr.. Bliss. -
Mr. Perkins continued, land to make the
payments personally and he would see that
the matter was taken care of later on Ac-
cordingly from time to time advanced to
Mr.. Bliss from my own resources sums
amounting to S4S,5O0.
Meritorious, Said Judge Cullen.
Subsequently the writ of habeas corpus
was dismissed and Mr.. Perkins appealed to
the appellate division, which reversed the
decision of the special term, thereby sus-
tanning Mr.. Perkins and ordering his re-
lease. This judgment was affirmed by the
court of appeals in Albany last week, but
three of the judges dissented from the ma
jority decision, and Judge Cullen. who was
one of these, wrote in his opinion the words
which probably Influenced Mr.. Perkins to
return the money. They were:
THE meritorious character of the objects
to which the money was appropriated has
no bearing upon the question of larceny.
The gist of the offense is not the applica-
ton of money to a bad purpose, but taking
money that does not belong to the taker.
to appropriate to any object, good or bad.
1t Is the fraudulent deprivation of an owner
of his property that constitutes larceny. 1t
is a crime to steal, even though with the
intent to give away in CHI "ity and relieve
distress.
I'm the present case no one will doubt
that had clerk taken from the companys
till money to give to the republican club of
his ward 1t would have been larceny. What
ever distinction there may be between the
hypothetical case and that of this relator
does not lie in the object for which the
money was appropriated. for that in each
case would be the same. but in the differ
ence between the authority over the corpor-
ate funds possessed by the mere clerk and
by the president and vice president