The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-06-14

tense raised the point that during the time
Of Wiman's alleged delinquencies he was
a member Of the firm Of Dun s. ca. Judge
Ingram ruled that it was immaterlal
whether Wiman was or was not a partner
of Dun, but that ii was entirely clear that
as between themselves, 1t was not part
nership. The articles of association were
merely al employment OK Dan, King aud
Douglass as ma lsgers. All power OF In
dorsemsnt was expressly withheld from
them, except the power TO indorse for
desposit checks payable TO the concern.
In practice Wiman had been allowed TO
indorse for other purposes and TO that ex-
tent the articles were virtually modlned.
the act of Wiman, however, SO TAR as
shown, was one which plainly brought 1t
under the provisions of the statute re-
lating to forgery and was plainly an act
which he had no authority under the
agreement to perform.
Mr.. Boardman then began his opening
address for the defense, claiming that
Wimau was the head aud front OF the
firm of r G. Dun & Co. He, conceded
that Wiman bad signed Bullinger's name
To tie TWO checks aud deposited them 20
his own acccunts;h The also ned. dWim n 8
indebtedness 10 the firm. The letter OF
con fession was admitted to show the rela-
lions OF Wiman toward Dun. The con-
Germ made more than 81 900 a day for Dun,
who never bothered himself about It's
affairs, but let Mr.. Wimau do it all.
Mr. Boardman dilated upon what he
called the extraordinary character Of the
prosecution in the case. Would you take
bv the hand man like Dun, who gives to
the public authorities a paper 50 sacred
and confidential as this letter of
July l, 1890! The prosecution Of Wiman
dates back to the year 1896 when
Wiman came here to take the man
he
earnest wish of Dan. In order to make
my meaning clear, it should be said that
Mr.. Dun is childless. Following the death
of Mr.. Barlow, Mr.. Dun's partner, Mr..
Douglass. whose uncle had been one of
the founders OF the commercial agency,
thought he ought to take the place OF his
uncle.
Wiman's arch enemy from the beginning.
Dun stood by Wimau through ali at first,
but you know constant dripping Will
wear away the largest stone. Douglass
opportunity came when he was apprised
OF the two Bullinger checks. He was
happy then; happy to strike down the
mainstay OF the firm. In closing, Mr..
Boardman said. with choked utterancss:
81 would rather stand before this bar
charged with all that Wiman is charged,
with all it implies, than l would TO stand
in the shoes of Dun"
General Tracey then called the defendant
to the stand and asked him to tell the jury
in as brief manner rs possible the story Of
his life up to the present day. The defend
ant began by giving brief sketch OF his
career in Canada He came to New York
in 1866 to take charge OF the New York
branch at the earnest solicitation OF Mr..
Dun. Mr.. Wiman went on to describe
how he suggested the establishment Of che
firms printing establishments; how be
bought enormous supplies for the plant,
aud how soon thereafter he was taken into
the association. He ADDED tina. he had
compiled the reference book containing
more than Zoo, 900 names and bad created
many new features. 1.-The agency at that
time was on the mercantile spy system"
added Mr. Wiman. but / abolished
many Objectionable features and
raised tine tone of tue agency"
During his time as manager of the agency.
the firms profits increased from nothing
at first TO $50, 600, then 10 100000. 10 $780,
coo, and by successive jumps to half
million, which in round numbers was the
net profits of the agency when he was
dropped out of it.
Mr.. Wimau went on to say that from
the time of Mr. Barlow's death, in 1880.
Mr.. Dun had ceased to take an active In-
terest in the associations affairs. Mr..
Dun had an equsiinteress with him in the
Staten Island Rapid Transit scheme OF
1880 Speaking to Mr.. Dun OF his over
drafts, witness had told him that he then
owned at least $500, 600 worth of real estate
on Staten Island and at that time be re-
garded that as trust held by him against
any moneys he might owe K e. Dun
g. Co.
81 will add that at that time / owned
more real estate within ten miles OF New
York city than any other man."
At this point General Tracey read let
ter written by Mr.. Dun on January II.
1898, in which Dun states he has
heard that Wimau is drawing too
heavily against his account In this
letter Dun restricts Wiman TO s, 900 a
month. The letter goes on to say that IL
has come to Dun's knowledge that he
(Wiman) is going about telling people
about the private affairs OF the firm, and
winds up by stating that II would be
glad to learn that your affairs are Ia bet
ter shape than l imagine them 10 be.
After the reading of this letter court was
ad iourned until mOrniug. The case Will
probably so to the jury tomorrow.