The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-06-14

New York, June 13.-Evidence for
the prosecution in the case of Erastus
Wiman, accused of forgery in the sec
ond degree, was all in when the court
took it's noon recess today.
The witnesses examined today were
in the main to corroborate the evidence
submitted yesterday, and no points of
consequence were scored
The letter from Wiman to Mr.. Dun,
in which was a full confession of the
forgery of E. w. Bullinger's name as
endorser of two checks, was offered in
evidence, to which the defense object
ed on the ground that it was procured
on the promise of indemnity, and was
admitted
The counsel for Mr. Wiman enterd
exceptions.
In stating the case for the defense,
General Tracy took the position that
as Mr. Wiman was a partner in the
firm of r. G. Dun & Co., his actions
were strictly legal, eff at times some
what roundabout"
General Tracy argued that each part
ner had the same rights and powers in
the matters of the firm as had the
combined firm.
Judge Ingraham ruled that it was
immaterial whether Winan was or
was not a partner Of Dun, but that 1T
was entirely clear that as between
The articles of the association
were merely upon their face
an employment of Wiman, King and
Douglass, as managers. All power of
endorsement was expressly withheld
from them, except the power to en-
dorse 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, how
ever, 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 per-
form.
Boardman ROasts Dun.
Mr.. Boardmen then began his opening
address for the defense, claiming Wi
firm of R. G. Dun & Co. He conceded
that Wiman had signed Bullinger's
name to the two checks and deposited
them to his own account; he also con-
ceded Wiman's Indebtedness to the
firm. The letter of confession was adj
mitted to show the relations of Wiman
| toward Dun. The concern made more
| than $1,000 a day for Dun, who never
| bothered himself about its affairs, but
| let Mr.. Wiman do it all.
Mr.. Boardman dilated upon what he
called the extraordinary character Of
the prosecution in this case.
Would you take by the hand man
like Dun, who gives to the public
| authorities a paper so sacred and con-
fdential as this letter of July l. 1890?
The prosecution of Wiman dates back
! to the year 1866, when 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 Mr. Dun is
| childless. Following the death of Mr..
! Barlow, Mr.. Dun'S partner, Mr.. Doug
| lass, whose uncle had been one of the
founders of the commercial agency,
| thought he ought to take the place of
| his uncle.
Gentlemen, that man Douglass was
! Wiman's arch enemy from the very
beginning. Dun stood by Wiman
| through all at first, but you know con-
slant dripping will wear away the larg-
est stone. Douglass opportunity came
when he was apprised of the two Bull
linger checks. He was happy then
happy to strike down the mainstay OF
the firm"
In closing, Mr.. Boardman said with
-choked utterances, Il would rather
that Wiman is charged, with all it i'm.
plies, than L would stand in the shoes
of Dun
Wiman'a Life story.
General Tracy then called the de.
cJtoT nj + -ta o-1y ~, =
tell the jury in as brief a manner a.
possible, the story of his life up to the
pi es ant day.
The defendant began by giving q
lsketdH of his career in Canada sale
the came to New York in 1866 to take
charge of the New York branch at the
solicitation of Mr.. Dun.
Mr.. Winan went on to describe how
me suggested the esta blishment of the
firms printing establishment; how Tx
bought enormous supplies for the plan
land how soon thereafter he was taker
Unto the association He added that hi
had compiled the reference book, con
tanning more than a million names ant
had created many new features.
THE agency at that time was on tn,
mercantile spy system" added Mr.. Wi
man, but 1 abolished many objection
able features and raised the tone o
the agency"
!, During his time as manager of tn,
lagency the firms profits increased
: from nothing at first to $780, 900, then Il
: 100000, then to $3.50, 600, and by sue
cessive jumps to half a million, whiJ
Iin round numbers was the net profit
Iof the agency when he was droppet
Iout of it, Mr.. Wiman Nent on TO sa,
that from the time q Mr.. Barlow
death in 1880. Mr.. Dun had ceased t.
ltake an active interest in the associa
l,tion's affairs.
Mr.. Dun had an equal interest in tn
, Staten IfAand rapid transit scheme i
1850
Speaking to Mr.. Dun of his over
drafts, witness had told him that h
owned at least 100000 worth of res
estate on Staten Island, and at that tim
he regarded that as a trust held b
him against any money he might ow
r. G.. Dun & Co.
81 will add that at one time I owne
; more real estate within ten miles c
New York city than any other man.
At this point General Tracy read
lletter written by Mr.. Dun on Jan. l.
j 1893, in which Dun states he has hear
! that Wilnan is drawing too heavil
against his account. In this letter Du
; restricts Wiman to $4,000 a month TIL
letter goes on to say that it has com
to DunS knowledge that he (Wimar
oh falI I,