The evening world., 1894-06-12
WIMAN on The RACK.
Termed an migrate by Assistant
District Attorney Wellman.
Defense Will Claim that He vio-
lated No Law.
Trial Of the Staten Island Magnate
Resumed.


Wiman, a reporter, sat besid, his father
before Justice Ingraham in the Court OF
Oyer and Terminer this morning when
Assistant District-Attorney Francis l..
wellman, the most formidable and most
relentless of the county's prosecutors,
told the jury the story of the alleged
crime of Erastus Wiman.
Mr.. Wellman described forgery in the
second degree, for which a convicted
person may be consigned to prison for
ten years.
Erastu wiman, a man of three score
years, who has attained a reputation
that extends all over America, is
charged with the simple crime of draw
ing q check on his firm. r. G. Dun &
Co, for 5000, in favor Of E. w. Bull
linger & Co., as he was empowered to
do; Of forging the signature of e. w.
BullinSer q Co. in Endorsement. and
of then indorsing 1t himself and de-
IN the Central National Bank,
,o Tne facts &c b,s on ,y Which chi the III charge of
the defense, but. in the words of Gen.
3. F.. Tracy. Of counsel for the Cana
the contention, III be
as to the legality OF those actS ndr.
Wiman."
The defense will claim first that Mr..
Wiman was a member of the firm of r..
g.. Dun & Co.; second, that he had a
right to draw on the firm, and. third,
that the use of the name of Bullinger, as
arawse, was nothing more than the use
latest decision of the Supreme Court Of
= this department, and never disturbed by
Court of Appeals.
1888 Sri rr Msllne W,m 1Sla a shs jury 4 yye 1sss I'll 81
the firm of Dun. Wiman & Co. In 1889
the firm became r. G. Dun & Co.. and
by a special written agreement Wiman
became an employee, receiving as com
pensation as General Manager a sum
equivalent to one-sixth OF the net profits,
which netted him $500 or $4,000 a year.
having founded the great mercantile
agency fifty years ago; how he took. up
Mlman. a young man. and put him for
crate and robbed his benefactor.
The defense will try to show that this
roverses the relations of Dun and Wiman.
business for the firm of Dun, Wiman &
Co, In Toronto, when, In 1865. he was
called to New York to r~ejuvenate a bust
ness that was not making a dollar; that
he built up the business to it's present
magnificent proportions, with an income
to Dun Of 100000 or more pc r annum.
Erastus Wiman listened with the in
tcrest of an outsider. when Mr.. wellman
said he would show that Mr.. Wiman had
uttered many other forged checks dur
ms IN inc R geaT Ppro rb TO fe dns o lss %b ths date
to J. N. Fairbanks for $4,000.
Gen. Tracy entered his objection here.
He said Mr.. Wiman was on trial for al
We will admit right here that Mr..
Wlman wrote the signature on the back
OF the check, in accordance with the
practice In commerce. said Gen. Tracy.
Justice Ingraham permitted Mr.. Well
man to go on, n holding up the check
"The m~agnanimous admission of Gen,
Tracy that Mr.. Wiman signed E. w.
~Bullinger's Endorsement is because they
his criminal act and begged for mercy
In a letter written a year ago to his en-
Rloyess: And thisi is net Wimsn's hard q;
Mr.. Wellman said that after the dis
covery Of the forgery R. g., Dun found
that there vas s 2 o shor MS in Wim SnnLs
did not show. any shortage. Wiman hay
Ing covered It up by skilful manipula-
ton OF checks.
of sl55, 900 in 1881, spoke to Mr.. Wiman
on his own bank for ,sis5, 900. Next, day
yet and kept him along. from day 70
day, the bookkeeper holding the check
fourteen months.
"a month before that forgery wimsp
presented a check, drawn to p. W.
Bulllnger and Endorsed II. w. Bullinger,
W. The bank didn't like the W. and
ityctleu Tic tnt'h. llcn ne SCTdtCHeu
out the Endorsements and got Bullinger
to indorse IT,. telling him 1t had been
drawn by mistake. Next month he
presented this checkt aving written on
II in a disguised hand 'E. w. Bullinger.'
II failed shortly 4 ter for 81 1000. 900 on
q 10 per cent. capitaL which shows his
crime
The articles of agreement between R..
@. Dun, Wims and Arthur j. King and
Robert d. Douglas. of Jan. /, 1889. were
put In evidence. They stated that r,
@. Dur was and should continue to be
the sole owner, and would pay a sum
to Wiman equal to II per cent. of the
profits.
The agreement speaks of his per-
centage as salary" n says that the
profits shall be used only as a basis
for determining the amount of salary,
but 1t also says that should either
Wiman. King or Douglas die, the, agree
ment shall continue in force, the heirs
taking the place Of the deceased.
James Harral was called as the first
witness. Hc is cashier for r.. O.. Dun &,
Co. He testified that he drew the BtI-
linger check at the direction OF Erastus
Wiman. The firm signature was in Mr..
Wlman's handwriting. and e. Wiman'
indorsed In his own hand"
Cross-eX1mining. Gen. Tracey drew out
tendent. empowered to sign the Arm
that Wlman was the general superin-
nam and to act for the nrn