Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-06-13
It is Read in Court on His Trial
Today.
VAIN ATTEMPT TO KEEP IT OUT
Close Of the Evidence for the
Prose cution.
OP ENING THE DEFEN s E

NEW YORK, June 13.-The third day Of
the trial of Erastus Wiman for forgery In
the second degree was again marked by the
presence of a very large crowd In the court
Of oyer and terminer this morning, as the
district attorney, Wellman. announced that
the case for the people would be closed to-
day.
The first witness called was James NJ.
Fitzgerald. who supplied the firm Of r. G..
Dun & Company with the paper used by
them Mr.. Fitzgerald was shown a check
for $3.50. drawn to his order by R. G. Dun
4 Company February 21. 1891. and asked
II he had received the money for same.
Witness said he had not. The signature on
the back. the witness said, was not In his
handwriting.
The check was offered in evidence.
The second witness was Ogden Brewer,
the treasurer of the Campbell Printing Press
Company He was shown a check for 5000,
drawn January ~. 1895. to the printing
press company.
Despite Gen. Tracy's numerous objec-
lions, all these checks were admitted in
evidence. the defense taking exceptions.
Cross-examined by Gen. Tracy, witness
said that he had received Mr.. Wiman's in
dividual note in payment of several checks
Cyrus H Taylor, receiving teller of the
Central National Bank, was recalled and
identified the deposit slip and check for
1880. drawn in favor of Mr.. Fitzgerald by
Mr.. Wiman-
Robert D. Douglas, an employe OF the
firm since the year 1881. was then called
to the stand Witness testified that he
knew nothing about the $135.OOO check nor
the note for $4,000, which have figured in
the case He first saw the check February
Il did not see the 5000 check on which
this charge is made until February II.
1893"
Mr.. wiman had been away from the
office for three or four days at that par
ticular time.
II row show you a letter." said Mr.
Wellman to the witness, land ask you If
1t was written by Mr.. Wiman?'
GcG- Tracy objected, but not before the
witness had said 1t had been written by
Mr.. Wiman Witness also explained that he
was shown the s., 900 check at the Chemi-
cal National Bank.
Now 1 want to see that letter." thun-
dered Cen Tracey.
The letter was handed to him and he
read it with much interest.
Gen. Tracey opposed the reading Of the
letter on the ground that ii was conf
by the defense that the letter a
written confession by Mr.. Wiman to Mr..
Dun, in which the accused threw himself
entirely on Mr.. Dun's mercy.
The defense objected to the letter offered
In evidence on the ground that Mr. Wirnan
had been promised that the letter would
not be used against him in any action.
Erastus Wiman. the defendant was then
called After giving his age and place of
residence and a brief sketch of his con-
necton with the firm of Dun & Co, the
defendant was asked about the letter Of
confession.
II was assured he said, that If wrote
that letter / would not be prosecuted.
had received such assurance from Mr.. Nc
Fariand, counsel for Dun & Co. / had
known Mr.. Mcfarland for over twenty
years and had esteemed him as my friend
The letter was written partly at the dicta-
tion of Mr.. Mcfarland"
That's all" said Gen Tracy
Mr.. Wellrnan then asked that the cross
examination Of the defendant be suspended
until Mr.. Mcfarland should have testified.
Mr.. Mcfarland denied having had sny
part in the writing of Mr. Wiman's letter
or that he promised the defendant immunity
He could not give the accused any assur-
ance OF Immunity, not being empowered to
do so.
Cross-cxamined as to certain properties
held in the name Of Mr.. wiman and his
wife. Mr. Mcfarland admitted that he had
maze INQUIRIES In that direction. This he
Ihougnt perfectly natural, 1t was his
duty TO protect the interests of the firm of
r. @. Dun & Company.
Mr.. Wellman then read Mr.. Wiman's let
ter of confession.
The letter reads as follows:
NEW YORK, February 20, 1893.
My Dear Mr.. Dun: 1 have occasion to
write you more than once IN terms of great
humiliation. but never before under such
circumstances as now. in which 1 have a
confession to make 20 you. 1t Is that i'm
properly and fraudClently, have signed the
name of h. W. Bullinger on the back Of
TWO checks of your firm made to his order
Will not urge that this was done without
eVil intent. or that he would not have
signed them himself had 1 asked hin or
that L had any intention of defraudins him
or YOU Simply and frankly, I must saw
that committed this act without AUTHORITY
and most imprudently, and can ask no ex-
cuse nor palliGtion OF the offense excep1
such as in your abundant charity and good
ness or heart you may in mercy extend to
me.
For the sake of my dear wife and chill
dren. and for the sake of this long service
rendered to you. L pray God your heart NAV
be still softened toward me- and thar I
may not be made to suffer the penalty of
my offense.
CSigned) Respectfully,
"ERASTUS wIMAN"
The people rest" said Mr. Wel!man as
he finished realing the letter
Then Gen Tracy arose and made the
usual motions fer dismiss al Of the case
This being der led. ne then moved that all
evidence touching upon the SI35 900 check
De stricken out and. in substance, requested
the dismissal Of the whole of the first count
OF the Indictment
All this being denied. he then opened nv
seeking to show that Wiman was a parrncr
IN the firm of Dun & Co., and that. as such
mis- actions were strictly legal, IF at times
somewhat roundabout"