New Britain herald., 1929-10-24
PARKER C0,
 OFFICIALS GUILTY;
 APPEAE.PR0POSED
Jury Finds Charges Correct Against Three Men in New
 Haven Trial Today
MOTION TO SET ASIDE
 < >'cT BY ATTORNEYS
.ividually Responsible

ports Many Contentious of | tates in Charge Tomorrow Morning Set for Hearing.
 New Haven, Oct. 24 (P}-A jury this noon found the three officers of the Parker Smith company, mortg- age note investment concern here, individually guilty on each of 31 counts in an indictment for embez- clement by trustee and agent. The defendants were John F. Parker, president; Clarence V. Smith. secre- tary and Paul NJ. Smith, treasurer.
 Counsel at once asked Judge Wolfe to arrest execution Of judg- ment in order that they might have time to prepare a motion 10 set aside the verdict and Judge Isaac Wolfe gave them until morning.
 Goes to Jury at ii O'Clock
 The case went to the jury after Judge Wolfe had charged it. shortly before Il o'clock. In the charge to the jury Judge Wolfe quoted the statute sections. 6515 and 6517, on which the embezzlement counts were based, and said:
 The law presumes a criminal in tent when one Wilfully and knowing i| appropriates money riehtfully in his possession belonging to another, to hls private use without the knowledge or consent of such per- son. To take from segregated de- pcsit the money of a noteholder to possession of which money he is im- mediately entitled, and to place such money in another bank in the name ol and to the credit of corporation. Whlch moneys are then used by the corporation without knovledpe or consent of the noteholder, to pay it's own debts and the general expenses Of conducting it's business is fraudulent conversion.
 An intention to subsequently, re- store the money, if such intention is shoWn to exist. cannot do away with the criminal nature of the transac- ton. Illegal intent is necessarily in- tered from the voluntary conversion or such an act, the effect of which IS to deprive the true owner of his property and appropriate it to the defendants own use. No hope or ex- Fectatlon or intention of subsequent- " replacing funds thus distracted can serve as an excuse before the law.
 If you should find. therefore, the lacts to be as claimed by the state, lhlS would constitute conversion and misappropriation of such funds by the Parker Smith company and In the opinion of the court VOL would be clearly justified in finding that it was done with the intent to defraud the person entitled to such funds.
 Defense Claims Outlined
 It IS the claim of the accused, however, that whatever may have been done by way of the use and ap- propriation of the money so receiv- ed was done in the name of and by the Parker Smith company only: that 1t was the act of the Parker smith company alone; that all such sums went into the possession of such company and was used by such com pany for it's general corporate pur- poses, and that no part of it went to their personal uses or was appro- priated to their individual account and that therefore they are not guilty of the offenses alleged in these counts.
 These accused comprise all of the executive officers and all of the di- rectors of the Parker Smith com- pany and were in control of it's af- fairs. l charge you gentlemen that the law is so that if the officers and directors of a corporation participate In criminal act. as corporate act, they are individually liable for such act or acts. And person charged With an offense committed by him against the laws of the state cannot be heard to say in justification that he committed the offense in his of ficial capacity as an officer of a cor poration; nor can he assert that acts, in form of corporate acts were not his acts merely because carried out by him through the instrumentality of a corporation of which is a con-
 Continued oh Page Two)