Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-17
RACEERS INTENTIONS
WIRE HONEST, BUT HE RYPOIHEOATED MANY
SECURITIES
Which Re Held in Trust bat Didn't Think he was
Doing WrOng-The Court However, mas
Different 0pinion-Olear Case Of
kssppTopuailOn.

NSapPiVplosV1.
New YORK, August 15.-Note Broker
Abraham Backer will have to stand trial
IN the charge of grand larceny, prefer
red against him by Judge William D.
Harden, of Savannah, Ca, as detailed in
Yesterdays Herald.
So decided Police Justice O'Reilly at
the Tombs Court late yesterday after
noon, after an exhaustive examination,
during which Mr.. Dyett, Backer's at
torney, used up a couple of hoursin I'M
successful crosS-examination and argu-
ment TO prove the spotleSs innocence OF
his interesting client.
The accused fnaneier came into
Court leaning heavily upon the arm OF
his Youngest son. His step was feeOle'
the fingers that clutched the coat sleeve
of the stalwart son trembled conyul-
sively, and as the old man finally sank
down upon a chair within the rallied IN
closure below the Justices desk ne
turned to the well-iilled room race
which told in it's haggard lines the story
of torturing suspense and anxiety
Close upon Backer's heels Judge har-
den entered arm in arm with Assistant
District Attorney Townsend, VINO a
reared as the peoples representative 10
the case. Old Backer's accuser IS tall,
of aristOcratic mould, with hlgn
bred features and gllstenlng
white mustache of military sweep. ne
had won the court room audience before
he was half way up the middle aisle on
his way TO the rallied lnclosure' ana
when he passed the accused Win a
courteous inclination OF the heao' ana
received in return a glare OF obvious
hatred, his case was absolutely won so
far as popular sympathy was concerned.
LEGAL wRANGLING.
Lawyer Dyett opened the proceedings
N o'clock BY calling the plaintiff to
the stand and putting him through a
wearisOmely lOng-drawh-out examina-
ton as TO the facts alleged In tho ath-
davit upon which the warrant Of arrest
was issued. Mr.. Dyett sought to prove
that the affidavit had been prepared by
counsel regardless OF fact and so as to
fiji that section of the criminal code
under which the action was brought.
Judge Harden, however, promptly veri-
fed every fact embodied in the instru-
ment.
Then during an hour of questioning,
interspersed with bitter little tits be-
tween counsel, Mr.. Dyett labored to
show-frst, that Backer personally dis
counted the $4,000 note and did not ne
gotiate it through another, as the ain
davit alleges, and second, that there
was no express agreement that BackeT
should hold the collateralS sent TO him
as security for the note. But Judge
Harden met the defendants counsel at
every point and clearly demonstrated
that the City Court of Savannah, over
which he presideS, has man OF ready
wit and legal attachments upon ltS
bench.
or Oigo Harden introduced two re-
ceiptS for brokerage charges paid by
him TO the defendant for services in ne
gotiating the note through another
party. This was something Of a "facer'
10 the energetic Mr.. Dyett. Judge
Harden then showed cOnclusively by a
letter written by the defendant, that
there wasan express agreement between
himself and Backer that the collateral
sent TO the latter should be kept as Sc
curity for the note.
The plaintiff testified that the first
intimation he received of irregularity
in Mr.. Backer'S methods came by tele-
nh a %
head bOOkkeeper for A. Backer d Co.
The message ran:"YOur note due the12th
is in the National Park Bank discounted
by Backer He has hypothetical your
securities at the Merchants Bank as
collateral for loans"
BACKER's GOOD INTENTIONS.
Judge Harden came at once to New
York and confronted the old note broker
with this telegraphed announcement of
his misdOing: Eyes, admitted Backer,
cit is true / have negotiated your secu-
rites But did Lot mean 20 do wrong.
Since my troubles commenced l have
been forced to realize on cOllaterals in
my possession, but l did IL on advice,
which, however, may have been bad.
NV intentions were honest"
Judge Harden found out where his
note was deposited, paid it, and return
ing TO Mr.. Backer made a formal de-
mand for his securities. Backer did
not have them. A similar demand was
next made upon Mr.. Einstein, Backer's
assignee, but that gentleman regretfully
confessed his inability to produce the
missing certificates. Then Backer was
arrested.
Lawyer Dyett made a long appeal in
his clients behalf, in which he argued
that the rehypOthicatiOn Of stock was a
recognized usage among brokers the
world over; also that TO establish q
charge Of larceny it must be shown that
a theft was meditated from the very in
slant that the property in question
passed into the HANDS Of the accused.
Mr.. Untermyer, counsel for Judge
Harden, said: "YOur Honor, this IS
bald ease Of steal. 1t involves no fine
points of law. and serious argument
brought to bear upon it would be ride
ulous. You have heard the evidence.
All that we ask is a speedy decision.
tt came speedily: THE defendant,
Backer, must stand trial on this charge.
I will fix his bail at S15,0O0.'
The bail was furnished by Mr.. Frank
Rothschili, who had previously gone
upon the bond of the crushed hnaRcier.