The evening world., 1894-06-15
HIS PLEA FOR W|MAN.
E1-seoretary Traoy's Speech to
the Jury in the Forgery Trial
Argues that the Financier Had No
Criminal Intent
Prosecutor Wellman Sums Up for
tho People.

All OF the testimony was In and the
case for and against Erastus Wiman was
ready to be given into the hands of the
jury when justice Ingraham opened the
Court of Oyer and Terminer at 10 clock
this morning.
Gen. Tracy summed up the case for
the defense to-day. He insisted that
Wiman had done no unlawful act-only
an irregular act; that r. @. Dun, the loser
by the alleged false check. and who
claims to have been robbed Of $2S7, 900 by
the overdrafts of Wiman and by false
checks ard false accounts, knew that
Wiman was doing these things for years.
and that he made no claim OF criminal
intent until the crash came and hope OF
a return OF the money was gone.
There was some effort to palliate the
alleged offense on the score OF the pub
lie spirit of Erastus Wlman. and the
great services he had performed for the
| commercial interests of the country. and
| especially of New York and Staten ISL
| and. 1t was suggested, too, that 1t was
! Erastus Wiman whose superior business
ability had amassed the immense for
tune OF II. q. Dun. and that this ought
| to have excused him for Irregularities
| through which Mr.. Dun lost but 1.-THE
Gentlemen, the fate of Erastus WI
man rests in your hands," said Gen.
you are the. sole Judges of the facts,
and II you 10 not believe that Erastus
| Wiman intended to defraud r. g. Dun
or f. W. Bullinger when he, made that
Mo matter II Mr.: Wiman did violate
the law. II you find that he had no in.
tention Of breaking the law, no criminal
intent Il an Intention to deprive Some
ons OF money or property unlawfully
and by fraud; Thiess you nS that
some one OF his property you cannot
"Few men in this country were more
Erastus wiman: To-day he stands be-
fore you charged with felony. Had his
staten Island projects been successful,
Body p4omE By %hs qay has
he would not be here to-day.
"Erastus Wiman is sixty years old.
He has been an honored and respected
| citizen among us for nearly thirty years.
You have got to look into his heart to
determine whether he had fraud in
his mind when he Issued this check.
He knew that he had ample resources
to meet every obligation. Dun knew /.
He overdrew his account. Dun knew II,
but he had no Idea that he would ever
L. u
ter in evidence-a letter written when
he was broken; overwhelmed by his
troubles, 30 overwhelmed and crushed
that that letter is almost incoherent-as
Gen. Tracy drew parallel between
this case and that of Rev. Henry Ward
| Beecher
"a monument to that man. stands
! facing the marble building which for
six weeks wfs the scene OF his trial.
while his accuaer Is wanderer and an
he MI
THAT man, bounded as this msn has
been bounded, is honored in memory by
all the people of Brooklyn
tears rolled down the ford checks of
Erastus Wiman during the recital Of the
story OF how Mr.. Wiman gave up. all
had to satisfy Dun and his ot her
surrendered her all. to the last penny.
to meet his obligations, making beggars
OF herself and her children.
by branding her husband felon and
sqnssnirs ce MP e as S den Tracy
,ovin ask w, Gt b s ehef dylns a 'A''"'"
CEN Tracy's voice broke here and he
had to pause to regain control OF him
self. Then he finished the se- se daen,,on
shall be recompenscd by sending her
husband to state prison and herself and
her children to the PI19r e s.,s,.nt Dis
trict- Attorney Francis l.. Wellman fol-
lowed for the prosecution. :,
Mr. Wellmnn paid compliments to all
the lawyers for the Defense eongratu,,
lated Mr.. Wiman on the safeguards of
the law about criminal. and then de-
What have all these lSwye, rs. offered cred
TO Justify him in taking Mr.. Dun's FUNDS
because he was lnstrumental IN making
Mr.. Dun's wealth! Does that excuse
rS 9aS Ss e GsIe at Nth yS'
They say mex. that Mr.. Wiman IN
tended to pay 1t back. That is the de-
Tense OF every forger on trial. Evc-y
employee who steals his employers mon
ey and loses It on the races says ne IN
A third defense is that Wiman had a
good character: ergo. any man VINO has
had q good character should not be con-
yIcted Of crime. no matter what ne
Mr., wellman delivered a strong analy;;
of ths e ,he thSt @
anarchistlcal. He. declared that all OF
the so-callcd public-sPirited aSts or Mr.
cilt MIR. Wiman and make him wealth
"prlng in q verdict q acauitt.tal, gen gen;
temen said Me We,lma use the nd 1r gSe
, money, forge the signatures or custom
ers defraud right and LETT, Tor the Jury
: will acquit YOU you Will not be pun
"Bring In n verdict OF conviction and
you uphold the sanctity OF commercial
paper; you will insure the SAFETY oil
Mr. Wellman talked only seventy-nvc
minutes, Justice Ingraham postponlng
his charge 10 the jury till after recess
ATTACHMENT For SA5.0O0