The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-07-09
FOR WIMAN
Gen. Tracy Asks for a Certificate
Of Reasonable Doubt
Says that Intent to Defraud Was
Not Properly Proven.
"The Judges Charge Left the Jury
No Alternative"

Justice Barrett listened to argument
to-day. on the motion Of Gen. Tracy and
Mr.. Boardman for a certificate of rea-
sonable doubt OF the Legality Of the con-
viction 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 month
ago Of forgery In the second degree, in
indorsing the signature of e W. Bullin-
ger on a 5000 check drawn by the de-
PENDANT against his Arm. r G. Dun &
Co.. and in favor Of Builinger. supposed
ly in payment Of a debt OF the firm to
Bul.inger. but, as was shown, depositing
the check in his own bank to his own
| credit.
Justice. Ingraham, now in Europe
| sentenced the Canadian-American to
Sing Sing for five years and six months
Gen: Tracy insisted that the proof Of
not been property proven, and that JUS
tice Ingraham's charge to the jury on
that point left them no alternative but
The learned lawyer threshed out the
old straw OF evidence in the case. He
told how the provisions Of the con;
s'' Il DS 81 s" s snd
Thompson, had been disregarded con-
stantly; how. in spite of the stipulation
that neither .so, Wiman DOUGLAS nor
auent 1y' engaged with Wiman r" in outside side
eenterprisss; II spite Of the stip"let ion
draw more than 5000 a month. Wiman
had for years drawn two, three or four
times that amount, and in spite of the
stipulation. that Dun alone should sign
checks and Dun had never signed any
Gen. Tracy insisted that Dun knew all
a hsfe ts hi pslud sns Wmans over
drawing checks and indors!ng, the draw.
ee's name on them. as II the drawee
were fictitious person.
| 1t was insisted that Justice Ingraham
erred when he tod the jury that II they
found that Wiman wrote Bullinger's in
dorsement and took the proceeds wrong
b sg to use rm for hm nssn it must have
Gen. Tracy claimed that this was a
question for the jury, and that the
charge LEFT v, them 1 no power to consider
right to use Bullinger's name as that of
a fictitious 'ndorser.
Justice 1ngraham erred in refusing
" ciieiSe Ut my ie4uSst tHat tHe jury
must find criminal intent before they
could convict" urged Gen. Tracy.
Gen; Tracy argued ' that It Was MAS for the
the right to draw checks for the firm of
X. G. Dun & Co.. the right to draw more
than So, a month for his own personal
uses, and the right to use the names of
payees as fictitious names in indorse-
ments.
Gen. Tracy insisted that as wiman
had the power to draw checks in the
name of the firm, any number of fraudu-
lent Endorsements on the checks could
not make 1t a fraud on the firm, and no
body else paid any money.
again ] insist" said the pleader, 'If
! Wiman believed he had the right to
draw this check and use Bullingers
name as a fictitious payee, there was no
fraudulent Intent and he could not be
guilty. OF crime"
no contention that Wiman was en-
, turned Justice Barrett.
extend to the pickpocket. and say that
the pickpocket inserting his hand in
the pocket of another did not intend 10
do criminal act, because he believed
that he had right to take anothers
I pocketbook."
certificate Of reasonable doubt Is
usually accompanied by stay of pro-
ceedings pending the appeal Of the case
TO the General Term.
| Justice Barrett ordered a recess at the
close of Gen. Tracy's two-hour argr-
Il ent. Assistant District-Attorney Lind
| says argument is to be heard later.