The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-06-14
WlMAN'S LETTER.
The Trial of Erastus Wiman Now Going
On,

New York, June 13.-The trial of Erastus
Wiman, charged with forgery in the second
degree was resumed this morning. The
people are expected to close their case to-
day While the line of defense has not been
clearly outlined the general impression pre-
walls that it will result in an acquittal.
AS far as can be learned in advance, Gen.
Tracy will contend that Mr.. Wiman was a
partner in the firm of R. G. Dun & Co.. and
as such he had right to draw on the firm.
1t will be asserted that the use of the name
of E. W. Bullinger as a drawee was nothing
more than the use of fictitious drawee, a
practice sanctioned by the latest decision of
the Supreme court and undisturbed by the
Court of Appeals.
The first witness called this morning was
James NJ Fitzgerald, dealer in paper. He
said that he had sold r. G. Dun & Co. the
paper they used for the books. Mr.. Wellman
showed the witness a check for $75O0 drawn
to mis- order by R. G.. Dun & Co., and dated
October 81. 1891. Did you ever receive the
money for this check? was asked. No. sir,
was the reply. The witness said he had
never deposited the check in any bank, and
that the signature, E. Wiman, was in the
defenda nt's writing The witness was not
allowed TO U6ll WuoGueF Gu0 signature Oh his
name on the back of the check was genuine
or not. There was no cross-examination.
The next witness was Ogden Brewer, treas
urer of the Campbell Printing Press Manu-
featuring company. He was put through
the same examination as the previous
witness. Wellman showed him a check dated
January 20, 1888, drawn to the order of Mr..
Brewer as a treasurer by r. G.. Dun & Co.
for $500. The witness said he had never
received the money for the check. Another
check for $1,000 was put through the same
process. Gen. Tracy's cross-examination
brought out the fact that witness had re-
ceived Wellman's individual note to cover
the Indebtedness caused by the check. MIR.
Wellman caused a sensation by offering as
evidence letter written by Wi~an to Dun
& Co which contained the so-called con-
fession to which Wellman had alluded in
his opening address. Gen. Tracy objected
to an admission of this letter on the ground
that the letter was written by Mr.. Wiman
of the advice of counsel and with the dis
tinct understanding that it would not be
used on either civil or criminal action,
Justice Andrews decided that the docu-
ment was admissible, and Wellman then
read it aloud. 1t was as follows:
February co. 1893,
MY Dear Mr. Dun:-I have had occasion
more than once to write to you in terms of
great humiliation, sbut never before under
such circumstances as now in which have
a confession to make to you. 1t is that i'm
properly and fraudulenJly have signed the
name of E. W. Bullinger on the back of two
checks of your firm, made to this order. /
will not urge that this was done without
any evil Intention, or that he would have
signed them had | asked him or that | had
any intention of defrauding you or him
Simply and frankly l must say that l com
mitted this act without authority and most
imprudently, and can ask no excuse or
palliatio except such as in your abundant
charity and goodness of heart you may in
mercy extend to me. For the sake of INV
dear wife and children and for the sake Of
the long service rendered to you, l pray God
your heart may still be softened toward me
and that may not be made to suffer the
penalty of my offense.
Respectfully,
ERASTUS WIMAN.
Mr. Wellman then rested the case for the
people.
Gen. Tracy then made the usual motions
to strike out certain portions of the evil
dence but they were all denied. He then
moved to have the Indictment dismissed on
the ground that Wiman was member of the
firm of Dun & Co., and had a right to sign as
he did