New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-16

ERASTUS WlMAN
NJ much force. supported by the many admis-
sions of Mr. Wiman contained in his letters to
Mr.. and Mrs. Dun. But It was plea devoid or
bitterness and marked by respect for the feelings
Of the defendant. whom ne always referred TO
as Mr. Wiman" The charge Of Justice IN
graham was severe upon the defendant
Several members Of the jury were visbly ar
fec,el bv General Tracy's remarks. and the de-
fendant himself was AT two or three points
deeply moved Even General Tracy was at one
time overcome BY his own emotions and was
Obliged 10 pause abruptly until he could recover
his sclf-control.
HOW MIR wIMAN RECEIVED 1T.
The Jury retired Tor deliberaton at 2:35 o'clock
and returned 20 the courtroom at 4:3O o'clock
Mr. Wlman received the announcement Of their
,orlic, with considerable composure. though
when the jury filed out of the courtroom after
rho conclusion Of the Judges charge his form
,r.,,bled and his eyes filed with tears. one OF
hts s,ns erasped his hand and spoke consolingy
-, him. and Immediately a group Of friends sur
rounded him. drawing his mind away from the
Incident bv engaging him in cheerful conversa-
uon
v,,b each moments delay In the return OF the
,,. homo ~ either acquittal or disagreement
s.emel "a Increase When "A sudden commouon
g., N. courtroom occurred. and finally Justice
t,c-,han asccnded the dais. the race OF Nr'
yyiman resumed It's former expression oI Anxiety
Hui ne had been buoyed mp by the Conversation
- his friends. and when the blow fell at last ne
remained standing until directed 10 De- seated. AS
soon az the c,urt adjourned his friends sur
rounded him again AMI shook his hand cordially
and expressed their sympathy. But ne promptly
responded =, the call ~ the cour, officers and'
In the custody Of Deputy Sherins Brown ana
Keuv ba walked NJ Centro-st t. the Tomhs. ac-
c,ulpanio1 bv two - his sons ~ the entrance
no h,de them kne ana fathery goodby. He
n,ss.d IN and was assigned to cell NJ. 40 In the
od Prison To reporters who called on him
oftcrwarl hc sent friendly responses. To The
Tribune reporter he wrote On slip OF paper:
peor Friend: am sorry no; t. be able TO see
any T. W.
The usual motion for new trial was made by
Mr. Boarlman. one u Mr.. Wimans counsel The
court adjourned to June 90. when the arguments
Will BE- heard Meanwhile Mr. Wiman Will re-
main In the Tombs
Throughout the trial Mr. Dun and Mr.. Doug
lass were in constant attendance. Mr. Dun was
no, ,hore yesterday but Mr.. Douglass was
These were the Jurors who decided Mr. Wiman's
fate:
George Murray hotel maqSsgr Wien Henry HUB
Mo,hishck. piano mlnufac,urer 80. 5ie West
F,rtletb and 30 23o West One-hundred-and- -twen-
Vest Fifty -fcurth-st. Enis Van Clcaf laundry.
No 457 Grand-st., William r. Lurch watchmakJr'
No II Maiden Lane. Amandus Hochmut, clerk
No io5 Rleccker-s'.: Homer S PennOck. insurance
agent No 28 Park Row. Henry A. Richie. tailor.
Sf W ~ II. Grace & Co. Per 30. Il. Fast River;
oscar W. Shaw. clerk Of New York Central Ran;
Herman f. Blndseil fur dealer. No SCI Broadway
II IS said that after their retirement a ballot
was taken resulting in for conviction, for
acauittal and TWO blank. Then arguments were
begun with the final verdict Of guilty.
on the assembling Of the court and jurors in
the morning there was little delay. The at
tendance was large. and no seats were available
after the opening. The counsel and defendant
were prompt in appearing.
GENERAL TRACY's PLEA.
General Tracy opened for the defence. He con-
tended that all the acts OF Mr.. Wman were
within the limits Of commercial law. He pointed
to the fact that even a fictitious name might be
used In the drawing OF a check for the con-
veyance OF funds which the defendant had
right to use on his own account General Tracy
held that the action OF Mr.. Wiman In applying
without significance In law, and could have been
performed without any intent 10 defraud But
when General Tracy began to cite opinions on
this subject he interrupted by Justice
Ingraham with the suggestion that this argu-
ment could not apply to the case pending. Then
followed a discussion OF the articles of as
sociation under which r. G.. Dun & Co. were
Organized. General Tracy maintained the idea
that the practice OF the corporation through the
officers justified Mr. Wiman In acting as he did
In the way of the appropriation Of checks. He
insisted that Mr.. Dun fully aware of Mr..
Wimans overdrafts He had looked upon them
as Incidents in the management Of affairs.
Then General Tracy took up the question OF
intent TO defraud on the part OF Mr.. Wlman
He referred to the position of the defendant who
supervising the property In which Mr.. Dun
himself was Interested. and he referred 10 the
incident of the BullinEer check of $1,000 as al
most insignificant. II is upon this signature and
transfer of checks that Mr. Wiman had been
borne 10 a convict's cell. General Tracy affirmed
that the action OF Mr. Wiman in transferring
this check TO his own account was entirely
eXcusable and not crime.
General Tracy then dwet upon Mr.. Wiman's
connection with r. G.. Dun Co. He had en-
tered the concern when II was only on a living
basis and by his great energy had increased
the revenues 10 an extent which Justified X. c.
Dun & Co in giving him an interest Of $4,000
a year This General Tracy claimed was the
result Of the energy and the genius OF Erastu5
Wiman. "He had taken the business out OF
the realm OF a detective agency and placed II
upon a true business basis" exclaimed counsel