The evening world., 1894-07-12
Justice Barrett Issues a Certificate
Of Reasonable Doubt.
The intent TO Defraud Was Not
Clearly Shown, He Says.
Speedy Application VIII BE Made
for His Release on Bail.


of execution Of sentence, and the broker
financier will he admitted to bS1l as
soon as arrangements can he made.
Justice Barrett sent the certificate and
his opinion on TIA case 10 the Court
House this afternoon by messenger from
his apartments
The opinion bases the reasonable doubt
onJurtice lngraham's charge to the Jury
and on the interruption of Gen. Trncy's
plea to the jury by Justice lneraham.
Acting District Attorney Davis and
Assistant Distfict-Attofney Wcllmnn
stated to an "Evcnins World" reporter
that they would place ro obstacle in tn"
way Of Boardman & Tracy II they de
sired to offer bail FOR Ninan.
Il will willingly accept the same bail
as was given before mis- trial" said Mir.
Wellman.
Charles II. Deere. William Dwight
wimans father-in-aN. deposited s25,ro
iti ~ sh WITH city Chamberlain O'Donu
hue as bail for Mr. Wiman when he was
arrested.
Albert r. Boardman OF Mr. W.man's
counsel. said:
II have been told that Justice Bar
rett practically sustained every point
the interruption of Gen. IracN's sum.
ming up. AS To the question of bail.
II would be n physical impussihility f."
produce the $1,000 this afternoon.
mfr. Deere lives IN Moline. III. HIS
money was returned To him when MI
Wiinan was convicted. We must s"nt
TO him and haNC the money returned
here again, Perhaps Tomorrow We may
have Mr.. Wiman out but fear that lac
must sleep tonight IN ne Tomhs. ..
tice Barrett's decision We may give
bail before any Justice of the Supreme
Court. The stay acts Will" we are APP
pealing the case to tn" General Term
Term"
'"rhe public shoIld understand that a
certificate OF reas)nablr doubt means
only that there is .debatabIr question, ,
said Prosecutor Wellman. 1t docs not
even mean that Justice Barrett would
grant "A new trial lie would simply
hear argument on the pucatinn
Mr.. Clark, of the firm OF Tracy Board
man Plat called on Mr.. Nimau at the
Tombs Police Court tins afternoon and
after n short consultation sent a tel"-
gram TO Charles ~. Deere. asking him
4 he would furnish y25,~o bail ror MI
Mr.. Wiman ha quite a number OF Wis
itors to-day. Among thom were col !.
NJ. Burke. william II. Tullync, capt
Burgess AMI Mr.. Michaels.
Erastus Wiman, popuarly supposed
TO be many times millionaire, failed
year ago and is Pennies. AT about
forging the signature of y. W. iuliimEcr
in Endorsement of check property
drawn by Wiman on Il, g. Dun q Go; in
favor of II. W. RulinScr on order. WI
man deposited the check to his own
bank account.
He was found guilty June Il in the
fenced to five and a half years in Slug
Sing. To-day's certificate Is probably
the beginning OF two y"ar,' tiT!!r for
decides against "A him tn" cns ',y Wi he ',
carried up to the Court of Appeals. and
In the moan time Winan WI he free.
breezes of the Tomhs court -yard when
an "Evenilg World" reporter saw him
shortly after Justice Barrott's decision
was made known
This news" he said. gives added CT
enlargement that what | have all along
contended for would liually result. and
that Is release eventually aud tloArdnC,
from these malicious WRONG charges
Il am perfectly satisfied with ANYTHING
my counsel may do towards getting va"
out Of the 'romLs on bail. Warden Fal-
lon has been very thoughtful ana 'rr,
kind, but I, of course, would prefer to be
at my own home.
II have read tho decision Of Justice
Barrett. and 1t is rather long, aud I
do not know Just exactly what IN"
grounds are he bases his finding on, /
m preSsm nc %pPrf'E"% '%r cr ran WI Gs
willing to furnish the amount deemed
necessary by any supreme, cour, jus
amount should he reduced.
II consider 900 altogether too high.
am indicted for an alleged amount of
5000. / should have my friends put M
deal to lose the interest ON $50" in
ready money until the whole matter Is
disposed of at the next term of the
~ don't mind STAYING here day or
two. and shall act entirely as my
Gen. b, + Tracy. Of Wiman's counsel.
had not seen the decision when an
Evening Worll" reporter visited his