The evening world., 1894-07-12
Justice Barrett Issues a Certificate
Of Reasonable Doubt.
The Intent to Oefraud Was Not
Clearly Shown, He Says.
Speedy Application Will Be Made
:. for His Release on Ball.

of Erastus Wiman. This acts as a stay
OF execution Of sentence, and the broken
hnancier will be admitted to bail as
soon az arrangements can be made.
Justice Barrett sent the certificate and
his opinion on tha case to the Court
House this afternoon by messenger from
his apartments.
The opinion bases the reasonable doubt
on Jurtice 1ngraham's charge TO the jury
and on the interruption OF Gen. Tracy's
plea to the jury by Justice lngraham.
Acting District Attorney Davis and
Assistant Dist-ict-Attorney Wellman
stated to an Evening World" reporter
that they would place no obstacle in the
way Of Boardman & Tracy II they de-
sired to offer bail for Wiman.
IT will willingly accept the same bail
ss.was given before his trial" said MIR.
Wellman.
Charles H. Deere. William Dwight
Wiman's father-in-law. deposited s25. 900
in ~ sh witr city Chamberlain ODono-
hue as ball for Mr. Wiman when he was
arrested.
Albert b, Boardman, OF MIR. wiman's
counsel, said:
rett practically sustained every point
made by Gen. Tracy. even TO criticisinS
the interruption OF Gen. Tracy's, sum
Hink up As to the qIes1, nss,b G Sai H.
produce the 5000 this afternoon.
Mr.. Deere lives in Moline. III. HIS
money was returned to him when MI;
to him and have the money returned
here again: Perhaps tomorrow we may
nave Mr. Wiman out but fear that he
"Of course, we are jubilant over jus
tice Barrett's decision. We may give
bail before any Justice Of the Supreme
Court. The stay acts while we are APP
peaiing the case to the General Term
Term" A..
eertifcate of reasonable doubt means
said Prosecutor Wellman. 1T does not
even mean that Justice Ba d,rIt . would
hear argument on the question"
Mr.. Clark, of the firm of Tracy, Board
man Platt, called on Mr.. Wiman at the
after short consultation sent a tele
gram to Charles II. Deere, asking him
4 he would furnish $4,000 bail for Mr..
Mr.. Wiman hal quite number Of Wis
itors to-day. Among them were Col. J..
M. Burke. William II. Tullyne, Capt.
Burgess and Mr.. Michaels.
iErastus Wiman, popularity SUI posed
to be many times millionaire. failed
a-year ago and is penniless At about
the same time he was charged with
forging the signature of F. ". Bullinger
in Endorsement OF check properly
drawn by Wiman on II. g. Dun & Co. in
favor Of f. w. Bullinger or order. WI
man deposited the check to his own
He was found guilty June Is in the
= Court Of Oyer and Terminer and sen
fenced TO fiye and half years in Sing
Sing. To-day's certificate Is probably
the beginning OF two years fight for
Wiman's liberty. for II the General Term
decides against him the case VIII be
in the mean time Wiman will be free.
Mr.. Wiman was enjoying the cool
breezes of the Tombs courtyard when
shortiy ye AFTER Justice Barrett's decision SION
This news" he said, gives added en-
couragement that what j have all along
contended for would finally result. and
that is release eventually and clearance
from these malicious wrong charges.
Il am perfectly satisfied with anything
my counsel may do towards getting me
lon has been very thoughtful and very
kind, but !. Of course. would prefer to be
at mSS . Ssn re aSm e.. a.c,s,o, o, 1us,,cs
Barrett. and 1t is rather long: and l
do not know just exactly what the
grounds are he bases his finding on. I
made at once. / have plenty of friends
willing to furnish the amount deemed
necessary by any Supreme Court JUS
tice. but l certainly feel that now the
amount should be reduced.
II consider SOS, 900 altogether too high.
I am indicted for an alleged amount of
the cash, and It is asking them great
deal to lose the interest on S25, 600 in
ready money until the whole matter is
disposed Of at the next term of the
III don't mind staying here, a day or
two. and shall act entirely as my
counsel direct
Gen. 3. F. Tracy. Of Wiman's counsel,
had not seen the decision when an
"Evening Worli" reporter visited his
ONCE in the Mills Building, this morning.
Ing its arrival Mr.. Lester II. Clark, Gen.
Tracy's associate. said.
This is good That certificate will keep
Mr.. Wiman out Of Sing Sing for the
lege OF applying for Mr.. Wiman's re,
lease from the Tombs ON bail pending
the re:uit OF our appeal.
While the issuance Of the certificate
OF doubt enables rs to make that appli-
cation for Mr.. Wtnan's release on bail,
1t is discretionary with the Supreme
after a conviction has been secured.
I'VE cannot tell Just now whether We
shall make an effort TO get Mr., Wiman
released. He Will he consulted in the
matter, of course.
81 should say now, however, it looks
very much as If an immediate move
ment would ne lIldlt 10 secure ms
lease from the TombS"
Justice Barretts decision IN part reads
as follows:
The defendant was indicted for forging The
name Of Mr. Bglinger as the lndorser Of \
check for S., 900 made by II. c. Dun & Co
PAYABLE to his tBullinsersl order
The question submitted 10 the jury We.
whether the defendant Endorsed the nam. oil
Buiiinger upon this check with intent 10 de
fraud Wimsn's bank and was SubStantially
excluded from the consideration OF the jury. Thi.
becomes apparent when consider that the
Court charged the following propositions
First. That the deposit uf the check by IN,
defendant in the Central National Bank Wa
defraud Bullinger, provided that the jury hnt
that the defendant had reason to believe anC
honestly did believe that Bullinger could nc. b,
subjected TO any pecunisry loss or Injury by tn
use OF his name,
Second. II the Jury md that a. III, tim,
Nimsn deposited the check with the Central Ma
tional Bank he had reason 10 believe AMI dI,
believe. that II would he paid by the Chemica
Bank as II was, in fact, paid by such bank m
act of depositing the check in the Central IA
tional Bank did not constitute the utterinE OF +
forged check with intent TO defrsud the Centrs
National Bank within the meaning Of. section ~
Of the Penal Code,
The premise OF fact In each OF these PROPOSE
lions was undsputed. That is the defenda n
had good reason TO believe and undoubtedly Ill,
believe that the check would be paid by tn
Chemical Bank in due COursF, There Tss n
question whatever IN his mnid or. As mate
of fart, with REGARD 10 tho solyerCy % y, u
Dun Co, With regard 10 The sstisfsctou
For tho reason. tho defendant V9s ale
iuEtia e1 N he he'll N