New-York tribune., 1907-01-08
"FRAUD.F FCRIESMR. BECK
RETORT By NR. MARSH4II,
Li0ely Tilt at Hearing Ouer Con-
tested Mutual Ballots.

The board OF election inspectors for the Mutual
Life Insurance Company heard arguments YES
terday or the question of accepting or rejecting
alleged void ballots cast in the election for
trustees James NJ. Beck made the chief areu
Inent for the company. while Louis Marshall
Samuel Untermyer's law partner. spoke for the
international policyholders' committee The
lawyers followed the lines Of briefs which were
submitted Saturday.
MI Beck took the ground that the INSPECTORS
did not have judicial powers in the sense that
they could decide disputed points in cases where
forgery of ballots or repeating was charged He
contended that only the courts could settle such
disputes. The only ballots to he protested on
behalf Of the company. Mr.. Beck said, were the
so-called "OneY ballots which were addressed
b. pocyholders TO the chairman of the inter-
national policyholders committee, and were
forwarded by Mr. Olney to the Mutual Life
Mr. Marshall replied that if the inspectors
powers to be limited as Mr.. Beck contend
ed. all the company had do to win an election
10 have million forged ballots addressed
70 itself and the inspectors would be obliged to
count them. Mr.. Marshall argued that the in
spectors should reject all ballots of policyhoders
whose correct addresses were not filed at Albany
by the company before the election began He
contended that the object of the law requiring
the company TO file list of polcyholders was
20 prevent fraud in the election
Mr.. Marshall also asked that all so-called
Peabody ballots" be thrown out These were
the ballots sent TO policyhoders in the interest
of the company. and did not include the ticket
OF the international policyhoIders' committee
required by law. Mr. Marshall referred to
these ballots in his argument as Peabody trick
ballots"
Mr.. Beck. taking offence. spoke of the opposi-
ton ballot as the "Olney fraud ballot"
'Trickery has been connected with the name
o1 Peabody Mr.. Marshall shouted. but it
mains for Mr. Beck to associate the honored
name Of Richard Olney with fraud"
Before the adjournment. Mr.. Beck took occa-
sion to say that he did not intend to intimate
that Mr.. Olney concerned in any fraud.
but ne said there was much justification for
calling the ballots sent to Mr.. Olney fraud
ballots as for talk about Peabody trick bal
lets"
The inspectors announced that they would
give the lawyers opportunity to appeal to the
courts before deciding to what extent they
would exercise judicial powers in throwing out
fraudulent ballots. They said they would be-
gin the actual count Of the ballots Thursday
of this week.
District Attorney Jerome said yesterday that
he would not move for the trial of Frederick a.
Burnham. president Of the Mutual Reserve. in
dicted for grand larceny. until after the trial
OF Harry X Thaw of the way. Ac-
cordng gly. Assistant District Attorney Mott did
not make a motion yesterday in the Criminal
Branch of the Supreme Court for special jury
panel in the Burnham case Mr.. Burnhan's
brother. George. was convicted and sent 70 Sing
Sing recently the same charge OF grand ar
ceny.
Mr.. Jerome said yesterday t2at he would op-
pose the motion of George ". Perkins for leave
TO inspect the minutes Of the grand jury that in
dicted him for forgery. The notiCC will be
argued Thursday before Justice Fitzgerald in
the Criminal Pr2ncll Of the Supreme Court. Mr.
Perkins in his application has denied that he
had anything 10 with. or any knowledge Of
the entries in the books OF the New York Life
Insurance Company. which have been made the
basis OF the forgery charge. He has asserted
also that he appeared before the grand jury
Without a subpoena and without being informed
by Mr.. Jerome that any charge against him was
being inquired into. and therefore did not have
the advice Of counsel 20 what testimony he
ought 10 give.
Mr.. Jerome said yesterday that while he should
oppose the application of Mr.. Perkins on gen
eral principles. he would consent that the coun-
sci for Mr.. Perkins should have copy of the
testimony given by Mr.. Perkins before the
grand jury. recent decision by Justice Ken
nefck, he said, that indicted person
should be allowed to have a copy OF his
testimony in such case.