The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-06-14
THE GIFT OF PENMANSH|R
Second Day of the Wiman
Examination.
Statement of the Defense by General
Tracey.
Elaborate Argument by Counsel for the
Accused-Wiman Put Upon the
Witness stand in his
Own Behalf.
BY the Associated Press.


for the prosecution in the case of Eras-
tus Wiman, accused of forgery in the
second degree, was all in when the
court took its noon recess today. The
witnesses examined today were in the
main to corroborate the evidence sub
mitted yesterday, and no new points Of
consequence were scored. The letter
from Wimsn to Dun, in which a fall
confession OF the forgery of E. W. Bull
linger's name as endorser of the two
checks, was offered in evidence, to which
the defense objected on the ground that
it was procured on the promise Of in
demnity. 1t was admitted. The coun-
sci for Mr.. Wimsn entered exceptions.
Ia stating the case for the defense,
General Tracey took the position that,
as Mr.. Wiman was partner in the firm
OF R. G. Dun & Co., his actions were
strictly legal, ''if at times somewhat
roundabout"
General Tracey argued that each part
ner had the same rights and powers in
the matters of the firm as had the COM
bined firm. He was still on this line of
argument when the court took recess.
luicu tuAt 10 WINE
| immaterial whether Wiman was or was
not partner of Dun, but it was entirely
clear that, as between themselves, it
was not a partnership. The articles OF
agreement were merely an employment
OF Wiman, King and Douglass as man.
ayers. All power of endorsement was
expressly withheld from them, except
the power to endorse for deposit checks
payable to the concern.
Wiman had been allowed to endorse
for other purposes, and to that extent
the articles were virtually modified.
The act OF Wiman, however, as far as
shown, was one which plainly brought
it under the provisions of the statute
relating to forgery and was plainly an
act which he had no authority under
the agreement to perform.
Mr.. Boardman then began his OPEN
ing address for the defense. claiming
Wiman was the head and front Of the
firm OF K. G. Dun q Co. He conceded
that Wimsn had signed Bullinger's
name to the two checks and deposited
them to his own account. He also con-
coded Wiman's indebtedness to the
firm. The letter of confession was ad-
mitted to show the relations of Wiman
toward Dun. The concern made more
than $1,000 day for Dun, who never
bothers himself about it's affairs, but
let's Wiman do it all.
Mr.. Boardman dilate6 upon what he
called the extraordinary character of
the prosecution in this case.
Would you take by the hand a man
like Dun, who gives to the public au-
thorities paper so sacred and confden-
tial as this letter of July l, 1890? The
prosecution of Wiman dates back to the
year 1866, whom Wiman came on here
to take the management of the New
York Office at the earnest wish of Dun.
In order to make my meaning clear, it
should be said that Mr.. Dun is child
less. Following the death of Mr.. Bar
low, Mr.. Dun's partner, Mr.. Douglass,
whose uncle had been one of the found
ers of the commercial agency, thought
he Dug bit to take the place OF his uncle.
"Gentlemen, that man Douglass was
Wiman's arch-epemy from the very be.
ginning. Dun stood by Wiman through
all at frst, but you know constant drip
ping will wear away the largest stone.
"Douglass' opportunity came when he
was appraised OF the two Bullinger
checks. He was happy then; happy to
strike down the mainstay of the firm"
In closing, Mr.. Boardman said, with
choked utterances:
81 would rather stand before this bar
charged with all that Wiman is charged
with, all it implies, than l would stand
in the shoes of Dun"
General Tracey then called the de-
PENDANT to the stand and asked him to
tell the Jury, in as brief a manner as pos
eibe, the story of his life up to the pres
emit day. He began by giving sketch
of his career in Canada; said he came
to New York in 1866 to take charge of
the New York branch at the solicitation
of Mr.. Dun.
Mir. Wiman went on to describe how
he suggested the establishment of the
firms printing establishment; how he
bought enormous supplies for that plant
and how coon thereafter he was taken
into the association. He added that he
had compiled the reference book con-
tanning more than million names and
had created many new features.
THE agency at that time was on the
mercantile spy system," added Mr.. Wi
man, but I abolished many objection
able features and raised the tone of the
agency"
During his time as manager of the
agency the firms profits increased from
nothing at first to $50, 900; then to $780,
600; then to $3.50, 600 and by successive
jumps to $500. 600, which in round num-
bers was the net profits of the agency
when he was dropped out OF it. Mr..
Winan went on to cay that from the
time of Mr.. Barlow's death in 1880, MIR.
Dun had ceased to take an active inter-
est in the association affairs.
Mr. Dun had an equal interest with
him in the Staten island rapid transit
scheme OF 1880. Speaking to Mr.. Dun
of his overdrafts, witness had told him
that he owned at least $500 900 worth of
real estate on Staten island, and at that
time he regarded that as trust held by
him against any money he might owe
r. G. Dun & Co.
l will add that at that time l owned
more real estate within 10 miles Of New
York city than any other man.
At this point General Tracey read
letter written by Mr. Dun on January
IL, 1893, in which Dun states be has
held that Wiman is drawing too heavily
against his account. In this letter Dun
restricts Wimsn to $4,000 month. The
letter goes on to gay that it has come to
Dun's knowledge that he (Wiman) is
going about telling people the private
affairs of the firm, and winds up by
stating that II would be glad to learn
that your affairs ara in better shape than
imagine them to be-"
After the reading of this letter court
was adjourned until tomorrow morning.
The case will probably 60 to the Jury
tomorrow afternoon.