New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-13
THE LINE OF DEFENCE
POINTS TO BE BROUGHT roRw,pn
ERAsTUs wIMAN's FAVOR
GENERAL TRACY SHOWS EARLY THE cno,.
ON WHICH HE HOPES TO PROVE HIS ~,
ENTs INNocENcE-THE FIRST DR.,
DAY or THE TRIAL NAM, 49,,

O'' "4i~n ne f'oiEs 10 PROVE Ills GIL
ENT's INNocENcE-THE FIRST REAL
DAY OF THE TRIA1-MANy WIT.
NEssEs on THE STAND
All through the su.try hours yesterday ,ro-.
morning III late afternoon. Erastus VIM, as
the court OF oyer and Termlner on trial chs.
WIN forgery IN the second degree. During mas, :.
the day the accused man sat aue,.v ro.., s'
neda 0" MS mana ana listening earnestly 10 =.
testimony Occasionally he would spring - ~ We
and cal. his lawyers attention TO soma ~'' 'es
point, and once, when he caught sign, =, 'speca
his friends from Canada just coming lr+o ~. e
room. he rose and walked out among ,bs sr.. sus
until he found a comfortable seat for bls s1,'
And IN other little ways and In his mannsr 80
was easy. Mr.. W!man did not show or,,,a.,, "n'a
he expected anything but an acqu,,,al A. ma'
opening day OF the case there were mr.. -, We
OF the fnanc!er In the courtroom svsr,, '''''s
which was taken up with them and with ~.
OF spectators which sat. warm and uncomtor,.nsa
but intent on the tr1a..
A STRIKING ADMISSION
The most noteworthy point In the trial ,.s,
General Tracys admission that the de,erssn. va
written E. W. Bu.ilngers name on the h,o. Aaa
check which the prosecution produced as m. .,..'s
Instance OF forgery. General Tracy. as coun.., ss
the prisoner, Ea1 HSie an Almost similar adr,,..,
before, but yesterday he made Il in a NO.. 'a
phatlc manner, lnterrupt.ng Assistant ni.,r...
torney Welman in his opening speech. ana 80
pointing gu, the line which the defence v,n s..s
Another interesting point was the re,s.,n s"S
letter which the prosecution presented merAv -
specimen OF Mr.. Wiman's handwriting bu, 80
the Defendants lawyers Immediately seized ara ~.
to the jury. The letter was from Mr. WIr,.
r. G. Dun. dated July. 1899 asking his n,rs0, ~
having overdrawn his account with the Arm w..
heavy than he had the right 10 do. and enurs.,
ing his property assets. which would soon be avn
able. 20 balance his oyerirawaIs. Mr. VIZ.
lawyers read this. evidently 70 show tha, ,hs,a 49,.
been plain understanding between Mr.. Dun a.
Mr. WimaD tina, the .as-name1 Nigh, draw ON -.
firms account 10 a certain extent and 10 mai.
clear too. that. wien Mr. Wiman found h. s,s
| over1rawn. he at once wrote frankly and SAD :.
taking immediate measures for reparatiou
!, was JUS; 1870 a. N. yesterday when Jpso.
Ingraham opened court. General Benjamin F. Trary
4 r. Boardman and Lester W Clark O, Mr. W.,
mans counsel. were grouped together in tron,
while j. w Longley Q. c.. and j. y GreenshIela,
! q. G.. OF Canada. sat iii:e further back with
| their client. Distrct-Atiorney Fellows sat within
the railing His assistant. Francis L. welmau
was a little late. but Immediately began his open.
| ing speech. He sketched Mr.. Wman's career
! briefly, and his connection with the mercantile
/ o. X. n. declared W.
Dun had been the making Of Mr. Wiman who had
| turned upon him and robbed him. Throughout hs
whole opening address ne tried 70 show that NJ
| Wiman was under great financial stress az shown
| by his subsequent assignment. and that he had
gradually given way - crime not intending al first
| 10 forge but gradualy being led into thaf dsvcs
! Mr.. We,lman wanted the jury TO convict the Il.
fendan: as an example 20 The public OF highly D
respectable and strong man gone wrong.
NATURE OF THE CHARGE.
Mr. wellman. going INTO detail said that NJ
! Wlman was % be tried for forging the name Of
| E. W. Bu.ilnger 70 a check FOR 500 drawn on
| February s. 1898. by r. G Dun & Co. He explained
tina, Mr.. Wiman had been Indicted frs, FOR forging
the check. and second. for u,,erng IT, knowing Il
to be forged Mr. Weilman continued that Nr
I Wlman was never a. any time partner in the
firm Of r q. Dun & Co. but employed as
! manager ot the firm. He said that the prisoner
had on many occasions forged Mr.. Bullngers
name TO checks. ana ;ha; be would show that Nr
W.man had been doing this sort Of thing for
| long time A. this point General Tracy made sn
| objection lie said thar it was conceded that UT.
| W.man hal written the name o. Mr Bulllnger on
the check in question AMI had deposited me check
the bank He mad RICH. - 10 this General Tracy
sad as ne was a partner OF the firm 0. r. O. Dun
General Tracy's remarks at this poin, made \
clear that The de- 'nce would assert FIRST ina, M
Wlmau lie facto member Of the hrm q X
! G. Dun & Co. second that he had right 70
draw on the frm and third. that the use OF ths
name Of Ruillnger as draWae vas nothing more
! than the US Ot fictitious drawee. Sanctioned W
The law ami frequently employed IN business ~.
At the conclusion o. General Tracy iri'&rns n,;
Nellman leaned forward toward the jury box ah1
said Yes gentlemen. be admits mat ne ssnsi
| the check blt why? Because We have his EYE!
- ~ $50 NJ admits he signed the check
Con.!nuing Mr Wcllman said that Mr. Wmsn
d iir TO- his own account and tina, a, the tine q
| the alleged forgery Wiman was Se'v" ID ue''
the firm OK r. o. Dun n co.
THE BUSINESS ALL IN WIMANs HANDa
The first witness called was James HarreL easn.e'
Tor r. G Dun & Co He said that ne haa a'awH Wv
check IN question under orders from NJ. "im4n
He could not remember one single instance u w
! last ten years when Mr Dun had Drawn 4 'N',A
| Mr. Wiman had always drawn the checHs W sA'
monthly payroll. Mr. Dun was rarely al 'ns S-'.,
until LATE in the afternoon ard for SIX m0n'a' "
the wear he was out OF the city leaving q" Wv
! business in the hands Of Mr.. N!HaH. cha stand
! r "a Bulling-r was next called 70 S ne go
re teciarel ,hal cT s.s own He said that all ~
hns,ness that Of publishing railroad g9IEs Srs
| r. G. Dun 4 CO. had been done 'hF0Ds"
Cvrus f. Taylor receivas teller o. the he Sen1 Az
National Bank. ana Nl.llam ~ w. y the so-cald
s,stant tes,s h tha hank John A. KENNEDY JSs.p.
| b. Martindae and Henry D. Johhso" "S''
called 10 g'vs Whseler for seven years prior
FEBRUARY 1898 bookkeeper for 4 Gun an a isl
next testified He said that on 1sS, 70 the exsai
~ s2a go "a Al this time Mr. Wiman gave sssus
cbec FOR s 600 from his personal account n asA de-
him no, 10 deposit II mmeiAtey he s. me Of the
posted Il. lie dd not tex any osHe' ,hnnght was
nrm Of this Incident because he ,ss rscept o.
none Of his business but he entered 'ns me- II was
The $4,000 check on the firms BOOKS S"o a,ssre he
open 10 rs ams was patent There was no .. s
cea;ment whatever Wnss i Tf The checks d =:
n snat VA oH al contracts hsi given al p ,,,ss
~ attorney and had acted for the firm IN 49,
ton. ..~s1 hv the prose
,ution' most OF ;her - testify on po'W,r "Weiman
deferdant's lawyers did noi dispute, ~ relatlye 70
other ac,s Of Mr. Wiman. but ne JuIs, eyoer on
them 1t was while DAME. J. A hI ;b az letter from
handwriting was on The siand n.a1 ging Openly Big
! overdrawai. was read. The tria. Will y
at 10 80 a. to-day.
-, c,lrcoPVTt PEACHES