The evening world., 1894-06-11
THE CERTIFICATE TURNS UP.
Wheelwright Produces It in the
Burroughs Hearing.
Judge Fitzgerald Wants the District-
Attorney to Investigate.

The case of the missing certificate
of inspection that has stirred up such
a hornets nest since Attorney Charles
w. Brooke made a motion before Judge
Fitzgerald to quash the Indictment for
forgery against Horace r. Burroughs.
jr.. came up again this morning.
Burroughs was indicted May rs, 1890,
on the charge of forging a certificate OF
William A. Mitchell. as inspector OF
lumber at Brunswick. Ga. as to the
quality of a cargo of lumber purchased
by Middleton & Co., OF l6 New street.
When Judge Fitzgerald took the pa
pers to act on the motion the alleged
forged certificate OF inspection was
missing. Mr.. Lee, of the firm Of Mid
dleton & Co.. said he had seen II In the
hands OF his counsel, Lawyer Black
mar. The Judge reserved decision. and
| directed that a subpoena be Issued d.
recting Mr.. Blackmar to produce the
certificate In court.
Mr.. Brooke's motion to quash was
based on the ground that the charge OF
forgery was ~instigated by a business
rival OF Mr.. Burroughs.
The civil suit for the recover Of the
alleged defective lumber was tried some
time ago In Brooklyn, and Burroughs
won the suit.
When the case came up to-day,
Thomas s. Quinn, representative Of the
Export Lumber Company, of 60 Broad
street. was the first witness. He ex-
planned that Mr.. Lee, representing Mid
dleton a. Co, came to him and said that
a lot OF lumber sold by Burroughs to his
hrm was defective.
'I.pa wnnfaI ma tn hnNFn AIR Nnrrn.
spondents look into the matter" said
the witness, and l referred him to Mr..
"; D.; Wheelwright. Then Lee gave
ton. Xfterwards Wheelwrisht vent sent to
Europe, and I was given the certificate.
when the civil suit was being tried
Mr.. Let borrowed the certificate from
me solemnly promised to return It.
After the trial he said his attorney, Mr..
Blackmar. would not allow him to give
1t back.
see ih BiacR Mni e and nd t toia S anS ! we we would "a
air the matter in the Produce Exchange,
OF which Blackmar was then counsel
4 he did not return the certificate. Still
II I got an order for 1t from Mr.. Well
man he would give the certificate to me
l did so, and got the certificate"
Then Quinn explained that Wellman,
who was then counsel for the Lumber
Trade, had been made custodian of the
certificate at a preliminary hearing at
which Wellman represented Assistant
District-Attorney Jerome. Wellman
gave 1t to Wheelwright. and as the lat
ter gave II to Quinn, Mr.. Quinn was
anxious to get 1t back
He remarked incidentally during his
examination to-day that Mr.. Wellmar
had told him the other side was willing
to pay none for the certificate. 1t wa,
explained that Mr.. Wellman was moi
in the District-Attorney's office. but was
counsel for the Lumber Trades at thu
time. 49,.
the room Just hen n the announce
ment was made that the certificate hat
been found
ON cross-exnmination. Mr.. Brooke sc
cured the admission from the witness
that the Lumber Trades. as he used tn,
term, is composed Of all the dealers, ex
cept Mr.. Burroughs. and that uniform
prices are fixed. His interest In the cast
was due, he said, to the fact that Bur
roughs was a competitor.
A discussion between the lawyers fol
lowed, and during 1t Judge Fitzgerald
remarked that he was going to have
a report OF the trial given to the Dis
trict: Attorney. so that an investigation
could be made.
Mr.. Wheelwright was then called L
the stand. inc produced the certifcat,
about which there has been 10 muci
fuss. Further examination was ad
journed until Friday, at which c. X
Flint Is to be examined.