New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-11
SWAMI POINTS THE WAY
TO HOLD DAVID LAMAR
General Sessions Judge Dis
CuSses Case of Confessed I'm
personator of Congressman.
LARCENY MAY BE CHARGE
Lewis Cass Ledyard Goes Be-
fore Federal Grand Jury to
Tell of Mysterious Talks
Over the Telephone.

| ONCl VIC lClCp uOhC'
Judge Edward Swami, Of General Ses-
sions. who has had many larceny and
conspiracy cases before him, yesterday
discussed the possibility OF bringing a
charge against David Lamar under the
laws Of this state. judge Swami said he
was inclined TO believe a prosecution
would lie here although, of course, he
could not PREJUDICE a case.
Judge Swami spent a part Of the after
noon yesterday going over the reports of
the lobby investigation hearings in Wash
| ington. After careful consideration of the
testimony. as reported oy various news
papers, Judge Swami made the following
statement:
IL cannot PREJUDICE a specific case, and
therefore, / cannot express an opinion as
to whether or not, upon the testimony
brought out before the Senate commit
tee David Lamar was guilty Of a crime
| But, speaking generally, can say that n
one falsely impersonates another with the
intent 10 deprive or defraud the true
owner Of his property and TO appropriate
the same to the use of the taker or any
other person, he is guilty OF an attempt
TO commit the crime of larceny.
THE statute makes it larceny where
the appropriation Of property is for the
benefit Of the person perpetrating the
fraud. or for the benefit of any other per
son other than the true owner.
! AS 10 the specific inquiry whether, II
broker falsely impersonated several
members OF Congress and made false
statements 10 Y with the intent to deceive
Y and make y employ a certain lawyer
and 10 pay that lawyer a retainer, the
question OF the intent OF the broker and
and whether or not y paid the lawyer a
retainer on the face Of the false repre-
sensations and pretences is question OF
fact for the jury.
Even though the crime is not consum-
mated, 1t is a crime TO attempt 10 com
NIT any OF the crimes specified in the
penal law.
Attempt to Commit Crime.
THE penal law provides that an act
done with the intent TO commit a crime,
and attempting but falling to effect It's
commission, is an attempt to commit that
crime.
las to whether or not the lawyer who
obtains the retainer under such circum-
stances would be guilty OF crime II is
provided by Section . Of the penal law
that a person concerned in the commits
sion OF crime, whether he directly com
mitted the act constituting the offence,
or aided and Allotted IN its commission.
| and whether present or absent and a
person who directly or indirectly coun-
sells, induces or procures another to do
the crime is principal and equally as
guilty as the one who committed the
overt act.
The Court OF Appeals has phrased II
thus: One is an accomplice when he acts
with another in pursuance OF common
design; when he acts at one and the
same time for the fulfilment OF the same
preconcerted end. and is so situated as 10
be able 10 give aid TO his associates
with view TO insure the success OF the
common enterprise.
lin the Snyder case IL was held 10 be
larceny for person to falsely represent
that he was the brother and partner OF a
certain man who had "A good financial
rating and obtain goods OF the value OF
800 when az an actual fact, he was not
The brother OF the man in question nor a
member OF the firm.
| ar the false impersonatlon was accom-
panied BY threat, II may constitute az
! tempted extorton. BY the penal law eN,
! tortion is defined as the obtaining oil
| property from another, with his consent
| induced by the wrongful use OF force or
fear, and Section &l defines what threat
may constitute threat as toiioWs. .,
| do nj "a
or property
No Difference Whose Money.
| 'Jn the weinseimer case it is held that
the threat by a labor union leader 10
continue a strike unless the contractor
gave him a certain sum Of money Is a
threat to do unlawful injury to property
within the meaning OF this section, and
1t was held not TO be material whether
the money which the defendant received
in pursuance Of his threat was the money
OF the agent who handed IL 10 him or OF
the owners Of the business threatened
the question being not whose money was
extorted by the defendant, but whether
he extorted II.
"The conviction in the Abel case. where
the defendant falsely impersonated young
Ogden Goelet and made the acquaintance
of a young lady and secured her consent
10 marry him, is very suggestive in this
connection
District Attorney Whitman and his as
sistant Charles c. Mott, IT,, who have
been following the hearings closely. yes
terlay would not discuss the possibility
of taking action against Lamar. IL was
said by those who had discussed the mat
ter with them that they considered the
Likelihood Of prosecution under the state
law extremely remote.
Following the announcement that The
government had decided to lay the matter
II the impersonation OF United states
Senators and Representatives Ia Congress
before the federal grand jury here. Ihite'
States District Attorney II. Saowden
Marshall late Yesterday afternoon called
owls Cass Ledyard as witness before
that body. Tie examination OF Mr. Led
yard was not completed before adjourn
ment for the day.
BEFORE presenting the matter to the
grand Jury Mr. Marshall said he believed
that Section 80 Of the federal criminal
cod. had been violated through the i'm
| personation OF Senators and Represents
lives. who. according TO the opinion OF
former United States Attorney General
BENJAMIN Harris Brewster were In
general and broad sense government
officers" and to warrant an Indictment
Il was only necessary to show intent to
defraud.
He was in possession Of an attestcd