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

Justice Barrett, OF the Supreme Court
has Issued certificate Of REASONABLE
doubt OF the legality Of the conviction
OF Erastus Wiman. This acts as a sta,
of execution of sentence, and the broke,
financier will be admitted to bail a
soon as arrangements can be made.
Justice Barrett sent the certificate an,
his opinion on the case to the Court
House this afternoon by messenger from
his apartments.
The opinion bases the reasonable doub
ON JuGtice 1ngraham's charge to the jur,
and on the interruption Of Gen. Tracy,
plea to the jury by Justice 1ngraham.
Acting District Attorney Davis an,
Assistant District-Attorney wellmar
stated to an Evening World" reporte,
that they would place no obstacle In tn,
way OF Boardman & Tracy IL they de
sired TO ofrer bail for Wman.
II will willingly accept the same bal
as was given before his trial." said Mr.
Wellman.
Charles H. Deere and William Dwight,
Wiman's father-in-law. deposited 81, OOI
in tash with City Chamberlain O'Dono-
arrested.
Albert b. Boardman. OF Mr.. wiman's
II have been told that Justice Bar
rett practically sustained every point
made by Gen. Tracy, even to criticizing
the interruption OF Gen. Tracy's sum-
ming up. As to the question of ball,
produce the $4,000 this afternoon.
Mr.. Deere lives In Moline. Ill. His
money was returned to him when Mr.
Wiman was convicted. We must send
fI Ina nd hax t.., q
have MIR. Wiman out. but fear that he
must sleep tonight In the, Tombs.
.," "of course, we are jubiiant over Jus
ball before any Justice OF. the Supreme
Court. The stay acts while We are sp-
pealinE. the case to the General Term
and TIL 1t is decided by the General
THE public should understand that a
certificate OF reasonable doubt means
only that there is debatable question:
grant a new trial. He would simply
hear argument on the question"
l., E rs W imam, pop,n,,,asrly suppose,
a year ago and is pennilesss. At about
the same time he was charged with
forging the signature of f. W. Bullinger
drawn BY Wiman on r. G. DUN & 60. in
favor of u. w. Bullinger or order. Wi
man deposited the check to his own
bank account.
Court OF Oyer and Terminer and SEN
fenced to five and half years In Sing
Sing. To:day's certificate Is probably
the beginning OF a two years fight for
Wiman's liberty, for II the General Term
decides against him the case will be
carried up TO the Court of Appeals. and
in the mean mean, time Wim nsio VIII be free.
hrnn1no Of ~ TnyrnhG lrf l,o,,
an Evening World" reporter saw him
shortly after Justice Barrett's decision
was made known.
This news" he said, gives added en-
that what have all along
for would finally result, and
that Is release eventually and clearance
from these malicious wrong charges.
II am perfectly satisfied with anything
my counsel may do towards getting me
out of the Tombs on bail. w arden Fal-
lon has been very thoughtful and very
kind. but ], of course. would prefer to be
at my own home.
II have read the decision of Justice
Barrett. and 1t is rather long, and
do not know just exactly what the
grounds are he bases his finding on. |
presume application for bail will be
willing to furnish the amount deemed
necessary by any supreme Court Jus
tice. but | certainly feel that now the
amount should be reduced.
II consider $4,000 altogether too high
am indicted for an alleged amount OF
5000 ] should have my friends put mp
The cash. and it is asking them a great
ieal to lose the interest on SIS, 90 in
ready money until the whole matter Is
disposed Of at the next term of the
Court of Appeals.
II don't mind staying here a day or
TWO, and shall act entirely as my
Gen. Il. i. Tracy, of wiman's counsel
mad not seen the decision when, an
office in the Mills Building this morning
He was awaiting a copy OF It, and pend.
ng It's arrival Mr.. Lester ii. Clark, Gen.
rracy's associate: said:
Mr.. Wiman out of Sing Sing for the
present. anyhow. 1t gives us the .privi-
ege Of applying for Mr.. Miman's re
ease from the IombS on bail pending
while the issuance of the certificate
II doubt enables us to make that appli-
'ation for Mr.. Wlman's release on bail.
L Is discretionary with the Supreme
rourt Judges to grant such applications
after a conviction has been secured.
1--WE cannot tell just now whether We
shall make an EFFORT to get Mr.; Wiman
released. lie will be consulted In the
matter, Of course.
81 should say now, however II looks
very much as If an immediate move
nent would be made to secure his re-
So from the Tombs."
Justice Barretts decision IN part reads
As follows:
The defendant was indicted for forging the
lamo OF Mr.. Bulinger as the indorser Of >
heck for s. 900 made by II. g. Dun Co.
payable to his tBullinger'sI order
The question submitted 10 the Jury was
whether the defendant Endorsed the name Of
lulInger upou this check with intent to de
raud Wman's own bank were substantially
excluded from the consideration Of the jury, This
becomes apparent when We consider that the
,ourt charged the following propositions,
First-That the deposit OF the check by the
defendant IN the Central National bank was
Tot an utterng OF the check with intent To
efraud BullGgcr provided that the Jury hnd
hat the defendant had reason to believe aud |
honestly did believe that Bdlllngcr could not be |
ubJcctcd to any pecunisry loss or injury by the |
Use Of his name,
Second II the jury mud that at the time ,
viman deposited the check with the Central Ma !
ional Bank he had reason Ia believe and did |
elisye, that II would be paid by the Chemical |
iank, as II was, in fact paid by such bank the |
ct OF depositing the check In the Central Ma |
lonai Bank did not constitute the uuering OF a |
Drged check with intent TO defraud the Central |
'ational Bank within the meaning OF section SCI |
I the Penal Code. |
The premise OF fact in each OF these PROPOSE |
Ions was undisputed. That Is. the defendant |