New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-21
MAY ARREST SCRUGHAM
Magistrate UW Issue Warrant on
Mr. Smyth's Request.

Assistant District Attorney Smyth will ask
Magistrate House for warrant for the arrest
of George r. Scrughaul, manager Of the Inter
national polcyholders' committee, on charges
of forgery. Magistrate House said yesterday
that he would issue the warrant unless he had
radical change Of mind According 10 an ar
rangement with John b. Stanchheld, counsel
for Scrugham, the warrant will not be issued
until he has had time to prepare the papers in
haDeas corpus proceedings which will be served
| Immediately after the arrest. This will bring
squarely before the higher courts the question
whether the filling in of witnesses names on
life insurance ballots and the stamping Of proxy
holders names without authority of the makers
Of the ballots and proxies is forgery.
Mr. Smyth. holding that ii is forgery has
drawn up a complaint. alleging forgery in the
second degree in two cases and forgery in the
third degree in case. Mr.. Stanchf1eld de-
clares that assuming for the sake Of argument
his client did fill in the names of witnesses, the
forgery statutes are not broad enough to cover
such a case.
At the end of the hearing the charges of
conspiracy against Mr.. Scrugham and Charles E
Strrup. held in the special courtroom IN the IL
brary OF the Criminal Courts Building yesterday
| afternoon, Magistrate House denied a motion TO
dismiss the complaints against the defendants
He would have held them for trial at Special
Sessions ar once. but Mr. Stanchfeld pleaded he
could not furnish new bail before day So
. the hearing technically adjourned until this
morning at 10 o'clock in the Jefferson Market
court. At that time Scrugham and StIrrup will
be in position to renew their bail and Will be
held for trial.
c. F. Darlington, who has waived examination
and turned states evidence. and has been held
for trial, removed his bail before the hearing
opened YESTERDAY
Leon Torbiner. Washington lawyer on whose
ballot tho name Of F. c. Darlington was written
as subscribing witness. identified the ballot at
the hearing yesterday. Another ballot for the
New York Life signed By Mr. Torbiner and
properly witnessed by his clerk was put in evil
dence He explained II by saying ne thought
when he received the blank ballot that the first
ballot had been sent in to the Equitable, in
which company he has a policy also
In denying the motion 20 dismiss the charges
Magistrate House, after referring 10 the com
plant and quoting the insurance law, said:
The evidence shows that the names postorice
addresses and numbers Of policies in at least
1900 cases were written on the outside of en-
velopes by young women in the employ Of the
committee, and in number OF cases names Of
alleged subscribing witnesses We're written on
the ballots. The correction Of such defective
ballots and defective envelopes and the Offering
OF them to the inspectors of elections for the
purpose Of having them voted and canvassed
was, in my opinion. an act clearly tending to a
perversion or obstruction of the due administra-
ton Of the laws"
Mr. Stanchfield offered 70 have a surety COM
pany go on the bail OF his clients but Magis-
/ trate House would not accept It,
Frederick A Burnham, president of the Mutt
uaI reserve. whose trial set down before
Justice Greenbaum in the Supreme Court. yes
Ierday' dld not appear. but presented. through
counsel affidavits of physicians TO show that ne
was suffering from diabetes, abscesses of the ear
and various complications. William Rand tr
or counsel for Burnham. asked an indefinite
postponement. Another physician was sent TO
examine Mr.. Durham
Inc Mutual Reserve Life Insurance Company
dehieo yesterday that a proposition had been
maze 10 II looking to the reinsurance of either
the whole or part Of its risks. There was NO
condition calling for any such action il was de-
cIared. and any proposition Of that Character
would instantly be rejected.