The evening world., 1894-07-09
PLEADING FOR WIMAN
Gen. Tracy Asks for e. Certificate
Of Reasonable Doubt
Says that Intent to Defraud Was
Not Properly Proven.
'Thc Judges Charge Left the Jury
No Alternative"

justice Barrett listened 10 argument
to-day. on the motion of Gen. Tracy aud
Mr. Boardman for certificate. Of rea-
sonable doubt Of the Legality Of the con-
Nctlon OF Erastus Wiman.
Gen. Tracy presented the argument
for the motion. Assistant District-Attor-
ney Lindsay opposing.
Because OF the odor OF escaping gas,
Justice Barrett adjourned the hearing
from the Chamber OF the Court OF
Oyer and Terminer to the Supreme
Court, General Term. ROOM
Erastus Wiman was convicted q month
ago OF forgery in the second degree, in
indorsing the signature OF Il w. Builin-
ger on a 5000 check drawn by the de-
PENDANT against his firm. r. q. Dun &
Co., and in favor of Bullinger, supposed
ly In payment of a debt OF the firm to
Bul,inger, but. as was shown, depositinB
the check in his own bank to his own
credit.
Justice Ingraham, now in Europe,
sentenced the Canadian American to
Gen. Tracy Insisted that the proof Of
the criminal intention of Wiman had
not been properly proven: and that Jus
that point left them no alternative but
a verdict of guilty.
The learned lawyer threshed out the
told how the provisions of the con-
tract agreement between r. G. Dun and
his associates, Wiman; Douglas and
that neither aG " W sP De Douglas nor
Thompson should enter into any. other
eusntis engaged With Wimsn in outside
that neither ot ths three juniors should
had Tor YEAR, drawn two, three or four
times THAI amount. and In spite OF the
stipulation that Dun alone should sign
ehssks ana Dun e had neSer i signed s any.
thsss thing. j., insiaalns Mlman:S over;
drawing checks and indorsing the draw.
ee's name on them. as If the drawee
we're a fictitious person:
1t was insisted that Justice Ingraham
found that Wiman wrote Bullinger's in
dorsement and took the proceeds wrong
I With a use Criminal nSF nssn snd farse hsve
question Tor the jury. and that the
ss.E.r e Whsn SoRsht he Gsd tss
right to use Bullinger's name as that CT
a fictitious !ndor.er
to charge at my request that the f1eu jury
must find a criminal Intent before they
could convict" urged Gen. Tracy.
Jury u eS whether Wma aDr as
the right to draw checks for the firm of
r. q. Dun & Co., the right to draw more
uses. and the right to use the names Of
payees as fictitious names In indorse-
Cen. Tracy insisted that as wiman
name OF the Arm. any number OF fraudu-
lent Endorsements on the check could
rot make 1t ., fraud on the firm. and no.
again I Insist said the pleader "if
Ntman believed he had the right to
dsaw this ehefG and use ,,e sslinses
gu'itv OF crime
no esnss a S9u NAY e s Mmsn n"' was "ere
powered to sign Bul,inger's name,' re-
" that is so your argument might
extend to the pickpocket, and say that
the pickpocket inserting his hand in
the pocket OF another did not intend TO
dc a criminal act. because he believed
that he had right to take another's
A certificate Of reasonable doubt Is
usually accompa MED by q stay OF pro
see thn pending the appeal OF the case
Justice Barrett ordered recess at the
close Of gei. Tracy's two-hour argu-
e2s' assistant Distriet,At y n Lind
After recess Mr. Lindsay, Assistant
DIstrict,Attornsy; argued IN opposition.
He said that Wimen went to the cash;
Ter of r. q. Dun r. Co. and Instructed
him to make out the check In question
% E. w. Bullinger. MIR. Wiman told
the cashier that Mr.. Bullinger wanted
50 that was due him. This statement
Mr.. Boardman-you have no right, Mr..
VIII YOU point this statement?
Mr.. Lindsay continued, saying that
Ssnd ehsS h was signed in disguised
show that unless the amount OF this
particular check was paid to Mr.. WI
mans private bank account that day
sccount W9Ha , hsys STeFdra"n his
MI. Wlman then quoted from the evt-
NJ WStm IAN had admitted that he had used
ne name of Bullinger without the au-
m9clty from Mr. Bulilnger.
peo SpIIun nE; MIR. Lindsay said that the
so sE own confession he was guilty OF
In support Of this, Mr.. Lindsay called
.cltlon TO the check of Jan. 7. which
ssr and had nsa pi ssssfd W Under aH' n,
,r This showed that Mr.. wman had nc
Ass ASST az s'fH ibHiiihgers name" said thu
me latter then cited from the evidenc,
p uM MT Wiman had paid 1900 to tn,
TSsa club and had charged 1t to Dur
Ia 20: and how Nj Wiman had commit
showed embezzlement.
AZ ~ 70 the criminal intent. Mr.. Lind
SAD that was fully shown; that Mr.
nlonn aH was never any thing but an EN-
1yee ard had never considered hin
sell u partner.
TN our opinion the question is--d,
s. ese acts complained OF constitute for
'e,SS said Mr.. Lindsay.
tb,nM,e contend they do II Your Homo
snaii ns otherwise, then this defendant
o ooSSt. We think. however, the Siske
~ uft VIII lndorse our View. The inten
NAV rsld is clearly shown by Mr.. WI
Shsclh having put Bullingers name on In