The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-07-09
PLEADING FOR WIMAN
Gen. Tracy Asks for a Certificate
Of Reasonable Doubt.
Says that Intent to Oefraud Was
Not Properly Proven.
"The Judges Charge Left the Jury
No Alternative"

Justice Barrett listened to argument
to-day, on the motion OF Gen. Tracy and
Mr.. Boardmsn for a certificate. Of rea-
sonable d5ubt of the legality Of the con-
victon OF Erastus Wman.
Gen. Tracy presented the argument
for the motion. Assistant District-Attor-
ney Lindsay opposing.
Because of the odor Of escaping gas.
Justice Barrett adjourned the hearing
from the Chamber of the Court Of
oyer and Terminer to the Supreme
Court. General Term. room.
Erastus Wiman was convicted a month
ago Of forgery in the second degree, in
indorslng the signature of +. w. Bullin-
ger on a 5000 check drawn by the de-
PENDANT against his firm. r. G. Dun &
Co., and In favor of Bullinger supposed
ly In payment of debt of the firm to
Bul.inger. but. as was shown, depositing
the check in his own bank to his own
credit.
Justice. Ingraham, now in Europe.
sentenced the Canadian-A american to
Sing Sing for five years and six months.
Gen. Tracy insisted that the proof OF
the criminal intention of Wiman had
not been properly proven, and that Jus
tice Ingraham's charge to the jury on
that point left them no alternative but
a verdict Of guilty.
The learned lawyer threshed out the
old straw OF evidence in the case. He
told how the provisions of the con-
tract agreement between r. G. Dun and
his associates, Wiman, Douglas and
that neither Wiman Douglas nor
Thompson should enter into any. other
6us,ness ysnsre , pTn himself frs
enterprises; liz spite or the stipulation
that neither OF the three juniors should
draw more than $1,000 month. Wiman
times that amount. and in spite of the
stipulation that Dun alone should sign
check ks, all three had constantly signed
checks and Dun had never signed any.
Gen. Tracy insisted tina; Dun knew all
drafts Of sss7 Goo ana his '' method GV' Of
drawing checks and indorsing the, draw
ee's name on them. as If the drawee
were a fictitious person.
1t was insisted that Justice Ineraham
erred when he toid the jury that If they
dorsemsnt and took the. proceeds wrong
been with criminal Intent and forgery.
Gen; Tracy claimed that this was a
whether Wiman thought he had the
right to use Rullinger's name as that OF
Justice Ingraham erred In refusing
to charge at my request that the jury
must find criminal intent before they
could convict" urged Cen. Tracy.
Gen. Tracy argued that 1t was for the
jury tc. determine whether Wiman had
the right to draw checks for the firm of
r. g. Dun e. Co.. the right TO draw more
than 50 200 a month for his own personal
uses, and the right to use the names Of
payees AS fictitious names in indorse-
mente.
Gen. Tracy insisted that as wiman
n u oh in,
name of the firm any number OF fraudu-
lent Endorsements on the checks could
not make II a fraud OH the firm, and no
body else paid any money.
Again ] insist said the pleader. ''if
Niman believed he had the right to
draw this check and use Bullngers
name as fictitious payee, there was no
fraudulent intent and he could not be
guilty OF n crime"
"Ah, but you have said that there is
no contention that Wiman was en-
powered to sign Bullinger's name" re-
turned Justice Barrett.
''If that is so your argument might
extend to the Dickpocket, and say that
the pickpocket inserting his hand in
the pocket OF another did not intend 10
that he had right to take anothers
pocketbook."
certificate of reasonable doubt Is
usually accompanied by stay OF pro-
ceedinGs pending the appeal of the case
TO the General Term.
Justice Barrett ordered recess at the
Close OF Con. Tracy's tv-o-hour argu-
cnt. Assistant District-Attornev Lind
says argument is to be heard later.