New-York tribune., 1908-05-01
JEROME ON NYLIC FUND
DIDN'T TRY PROSECUTION.
attitude TOsCard Insurance Dis
closures Taken Up at inquiry.

At the end of yesterdays hearing evidence had
been submitted and testimony taken on the nrst
eight of the twenty-three charges against D1strict
Attorney Jerome. and the ninth, tenth and
eleventh charges Commissioner Hand refused 10
Kermit Franklin Pierce, counsel for the King COM
mttee. to present evidence in regard TO the elghth
charge as Governor Hughes had ruled. that one
out
Under examination by Mr.. Pierce, MT jerome
testified that he had never personally prousht INC
Nyc fund to the attention of grand jury or
sought to have any indicted because OF this
particular disclosure result OF the Arihstrois
committees investigation He denied that Matthew
c. Fleming had ever conducted an insurance eA-
animation for him or advised him that insurance
officials could be indicted and convicted OF crime
Mr.. Fleming he said. had at his request submitted
to the District Attorneys Office a typewritten
statement of matters brought out at the lnFeS'i-
cation which in his opinion, required an investi-
CATION to ascertain whether or not crime hao
been committed" and had been paid for ths. MI.
Jerome said he had tried to get Mr. Flemlns 10
conduct an investigation for him. but that he had
declined to do
A small sized sensation was caused in the morn
ing by the alleged disappearance Of Metropoh-
tan voucher which purported to show an expend'-
of SO for "refreshments' for a certain New
York City judge. Mr.. Pierce said that the voucher
had been in the hearing room during the "ednes-
day afternoon session and that the trunk contain
ing all the Metropolitan vouchers had been under
lock and key in the charge Of the Public Service
appeared" Much agitated. he rushed over 10 the
District Attorney and demanded IL he knew any
thing about 1t.
II know nothing about it," said Mr. Jerome
you were pass ng them around among the news
paper yesterday Why don't you look after
your vouchers?"
None of the newspaper men present had seen or
heard of that particular voucher. and, much dis
comfted, Mr.. Pierce had to content himself as
best he could. Later he declined to discuss the
a IA to yI,ar han
ough search would reveal it,
Mr Jerome again put in much of the day play
ing horse with opposing counsel, and on more
than one occasion had Mr.. Pierce, one of the
auditors expressed 1t, way up in the air.
The Public Service Commissions hearing room in
the Tribune Building about half filled with
spectators when the hearing called to order
yesterday morning Mr.. Pierce had eight members
Of the grand jury OF March, 1906, under subpoena
in the room. He wants their testimony in regard
to Mr.. Jerome's alleged ''intercession'' with the
grand jury in behalf of insurance officials. Mr..
Jerome promptly asked Commissioner Hand TO
cuse the grand jurors for the day unless they We're
10 be put the stand, At would be "a great
hardship for them to have to sit here all day
AS Mr.. Pierce made no objection, Commissioner
Hand excused the jurors.
Mr.. Pierce wanted to skip the seventh charge
and return to it later brt Mr. JerOmes strenuous
objection sustained. Mr.. Pierce then read
large amount of the testimony taken before the
Armstrong committee in regard to Nylic. especially
the Mexican bond transaction. Testimony before
the Armstrong committee showed that the $40 OCD
profit had been turned to George ". Perkins
by the president Of the New York Life Insurance
Company without any action by the directors or
other officers of the company.
Herbert r. Limberg. special Deputy Attorney
General was then put the stand testify in
regard to the eighth charge, which accuses Mr.
Jerome of being negligent in allowing Metro
potan Street Railway Company to ''crminally
conspre'' in 1903 by forming the metropolitan Sc
curities Company and thereby pay dividends out
OF capital rather than earnings 1t is the so-calIed
Amory charge. AS this occurred in Mr.. Jerorne's
first term Of otfice, and the Governor had
charge out. Commissioner Hand sustained the Dis
trct Attorneys objection 10 the taking of testi-
mOny IL
Mr.. Pierce then proceeded TO take up the NINTH
tenth and eleventh charges. These accuse Ar
Jerome of negligence In prosecuting Messrs
Ryan, Vreeland, Dolan and others in connection
with the Wall Cortlandt Street Ferries Line
deal and make further accusations of neglect to
act officially on criminal conspiracy" on the part
City Railway directors TO rob" the latter COM
pany.
After some testimony had been heard on this an
adjournment was taken by mutual consent. Mr..
Jerome finally consented to bring d copy Of The
minutes OF the special grand jury which recently
investigated the Metropolitan Street Railway COM
pany TO the hearing this morning