The evening world., 1894-07-12
W|MAN GETS A STAY.
Justice Barrett Issues a Certificate
Of Reasonable Doubt.
The Intent to Defpaud Was Not
Clearly Shown, He Says.
Speedy Application Will Be Made
for His Release on Ball.

has issued q certificate Of reasonable
doubt OF the legality of the conviction
of Erastus Wiman. This acts as stay
OF execution Of sentence, and the broken
fnanCicr VIII be admitted to bail as
soon as arrangements can be made.
Justice Barrett sent the certificate and
his opinion on the case to the Court
House this afternoon by messenger from
| his apartments.
The opinion bases the reasonable doubt
on Justice Ingraham's charge to the jury
and on the interruption Of Gen. Tracy a
plea to the jury by Justice Ingraham.
Acting District Attorney Davis and
| Assistant District-Attorney Wellman
stated to an Evening World" reporter
that they would place no obstacle in the
way of Boardman &. Tracy II they de
sired TO offer hail for Wiman.
II will willingly accept the same bail
as was given before his trial" said Mr..
Nellman.
Charles Fl. Deere and William Dwight.
Wiman's father-in-law, deposited So, 900
in rash with city Chamberlain O'Dono-
hue as bail for MIR. Wiman when he was
/ arrested.
Mr.. Wiman was enjoying the cool
breezes of the Tombs courtyard when
an Evening World" reporter saw him
shortly after Justice Barretts decision
was made known.
This news" he said, gives added ell
couragement that what | have all along
contended for would finally reJllt. and
that is release eventually and clearance
from these malicious wrong charges.
Il am perfectly satisfied with anything
my counsel may do towards getting me
out Of the Tombs on ball; Warden Fall
lon has been very thoughtful and very
at my own home
II have read the decision OF Justice
Barrett and 1T is rather long; and |
! presume application for bail will be
made at once. ] have plenty OF friends
necessary BY any supreme Court jus.
tice, but certainly feel that now the
amount should be reduced.
II consider SIS. 200 altogether too high.
am indicted for an alleged amount of
Is ,0oo ] should have my friends put up
the cash, and 1t is asking them great
deal to lose the interest on $25,0o0 in
ready money until the whole matter is
disposed Of at, the next term OF the
Court of Appeals.
II don't mind stayisy here day or
two, and shall act entirely as my
Gen. b, F. Tracy. Of wiman's counsel,
had not seen the decision when an
Evening World" reporter visited his
He was awaiting copy Of II, and pend
ing It's arrival MIR. Lester II. Clark, Gen,
Tracys associate. said:
This is good, That certificate will keen
iege Of applying. for Mr.. Wiman's re:
lease from the Tombs on bail pending
the renult OF our appeal.
While the issuance OF the cert!ficate
OF doubt enables us to make that appli-
cation for Mr.. Wimsn's release on bail
Court judges to grant such applications
after a conviction has been secured.
We cannot tell Just now whether We
shall make an effort to get Mr.; Wiman
released, He will be consulted In the
matter. of course.
II should say now, however. it looks
very much as If an immediate move
lease from the Tombs."
Justice Barrett's decision IN part reads
as follows:
The asfsIaan MAS indicted for tSssns ., II.
check for 5000 made by Il. g. Dun Co,
PAYABLE to his 'Bulingers order,
vh.ser Pg sss e SS%' ssa tn. mary
Bulinger upon this check With intent TO de-
fraud wiman's own bank, were substantial y
becomes apparent when consider that the
Court charged the following propositions:
defendant in the Central National BANK We,
| not an utterinS of the check with intent I,
that The defendant had reason to believe ana
honestly did believe that BulIinEer could not be
subjected to any pecun'arv loss or injury by the
use Of his name.
second. II the jury nnt that at the time
wimsn deposited the check with the Central Va,
t,onal Rank he had reason 70 believe, and diC
believe that 1t would be paid by The CEcmiCi
Rank as 1t w.y, in tact, paid BY such hsnt, th'
act OF dcpost'rg the check In the Central Ma
forged check With intent 10 tefraud the Contra
National Bank within the meaning Of section So
OF the Penal Code
The premise or fact In csph Of these PROPOSE
tons vas undisputed That Is. the defendant
hsd good reason TO believe and undoubtedly die
h.lev,. that Inc check would be PAID hy IN,
question whatever IN his mind, or as msue
q 'sIt, Win ,esa,S to The soIySn'y Of @
balance 10 their credit in tho Chemical Bank
r'or the same reason. the defendant was ais,
he subjected 70 p.cunisrv loss and thai ~,
Central Natonal Sank would not have to loci
to him rs indursGr upon the cheek,
Thus the case vsS nut ~ the jury upon tn
s.uGie queS'ion shirh ptr'aded the Irial-namsly
the intent to d.'rsut r G. Dun q Co. unIes
check Was made Wlth intent 10 te'raud r, g
Dun Co, the defendsnl as indeed the Conr
repeatedly charged VAS entitled to an acquittsl
Justice Barrett goes on to say 1t wa
essential 10 show that there was inten
10 defraud the Arm by dra wing and in
dorsing OF the check. Wiman. he says
was authorized to draw firm checks
and an abuse OF that authority, even I
OF herwise criminal. could not constitut
forgery. Continuing, he says:
| It would seem 10 follow thst the intent VII
| which the Endorsement was made was a relevsn
| Issue and that the defendant could only be con
| victed in case the Jury we're satisfied Of the De
| PENDANTS criminal Intent In that regard.
There were these two issues: First IA
| writing Of Bulingers name uron the back ~ m
| check Though unauthorized by BgllIugsr. undc
| ~ ha G Etan o .
| such writing n 'rim'nal made Win intent {
| de'sui II. q. Dun CO..
The Court he said recognized the rel
eNsnCy and importance OF TINS first Is
sue, and charged the jury that II il be
lie, cd Wiman had authority to use Rul
linser's name the Endorsement was no
forgery. Yet, he saws, Judge lnGrahan
declined 10 allow Wiman's counsel I,
discuss the facts and circumstance
upon With the proposition was pred
Gated. He says: