Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-06-15
Mr.. WIMAN'S TRIAL
Talking For and Against tho Pris-
Oner.
GENERAL TRACYS ELOQUENT CLOSING
Mr.. WeI'man Appeals for a Con.
viction.
COU RT TAKES A RECESS S

NEW YORK, June 15.-This Is the fourth
and probably the last day of the trial Of
Erastus Wiman, charged with forgery, and
the proceedings of the court were opened
by Gen. Tracy for the defense.
He began his address by telling the jury
the measure of their duties and their at
tendant responsibilities. He cautioned them
to give no consideration to any of the irrel-
evant and eXtraneous points brought cut BY
the prosecution.
Remember, gentlemen Of the Jury"
thundered he, "our client is on trial charged
with having forged a check for 5000, rot
for anything else. Not for diverting or con-
verting any other moneys to his own uses
The question resolves itself into one Of
criminal intent, and it rests with you to de-
eide whether such intent has been shown"
Gen Tracy then took up the charge In its
technical aspect and sought to sho, by
precedent that the defendants actions were
not Illegal
Gen. Tracy continued to quote precedents
until he was interrupted by Justice Ingra-
nam, who, with some impatience said that
none OF the precedents cited by Gen. Tracy
were applicable to the case at ISSUE
Warming up as he proceeded Gen. Tracy
then told the jury that he would expect
them to remember Mr.. Wiman's relations
to the firm of r. C. Dun G Co.
HIS reputation as a citizen. as a man of
the community" said Gen. Tracy, should
come in for large share Of your cons1d-
Grafton.
II has been conclusively shown by us, l
think. that whether or not Mr. Wiman
made the concern what 1t is today, 1t has
not been denied that Wiman was the prac-
t1cal head OF the agency.
The articles of copartnership forbade
any member Of the concern except Mr.
Dun, from drawing a check. Yet 1t has
been shown that for over ten years Mr..
Dun signed not one of the concerns checks
and that from IS to 80 per cent Of these
checks were drawn by Mr.. wiman"
Gen: Tracy referred to Mr.. Wiman's wife
and children and the surrender by them OF
all their property. which moved the de-
fendant to tears.
And now you are asked to send the
husband of this noble woman to state
prison. Remember, gentlemen. the citizens
of two continents are anxiously awaiting
your verdict"
Gen. Tracy closed with a brilliant quota
tion. invoking Justice and mercy, and AS
sistant District Attorney Wellman COM
menced his closing address for the prosecu-
ton.
Mr.. Wellman explained that Mr. Dun.
after the crash came. had refused to accept
the real estate and other properties in the
names Of Mr.. and Mrs. Wiman because he
thought others should be given the prefer
ence.
Much had been said of Wiman's good
character. Why, all first offenders can
show good characters. But II that were
always to stand In their favor convictions
for the most heinous crimes would often be
impossible. ,,,r
Mr.. wellman Scydsed 1HieASa soiemn ad-
Duration to the Jury. Fail" he said, Ito
find the defendant guilty and you announce
to the commercial world that o man may
betray the confidence OF his partner. bens-
factor, friend; that In New York a man
may do all these and other things and yet
go unpunished."
At this point the court took a recess.