The evening world., 1894-06-12
WIMAN ON The RACK.
Termed an migrate by Assistant
District Attorney Wellman.
Defense Will Claim that He Vio'
lated No Law.
Trial of the Staten Island Magnate
Resumed.


Wiman, a reporter, sat beside his father
before Justice Ingraham in the Court of
Oyer and Terminer this morning when
Assistant District-Attorney franc l..
Wellman, the most formidable and most
relentless of the county's prosecutors,
told the jury the story of the alleged
crime of Erastus Wiman.
Mr.. Wellman described forgery in the
second degree, for which. a convicted
person may be consigned to prison for
ten years.
Erastus Wiman, a man of three score
years., who has attained a reputation
\ that extends all over America, Is
charged with the simple crime of draw
ing a check on his firm, r. G. Dun &
Co., for 5000, in favor of L. w. Bull
hnger & Co.., as he. was empowered to
do; of forging the signature of T.. w.
Bullinger 81 Co. in Endorsement, and
OF then indorsing it himself and de-
posting 1t to his own private account
In the Central National Bank.
b The facts on which the charge of
forgery is based will not be disputed by
y h defense. but, In the words of Gen.
dian-American, the contention will be
as to the legality of those acts of Mr..
The defense will claim first that Mr..
. Wlman was a member of the firm of r.
g. Dun & Co.; second, that he had a
right to draw on the firm, and, third,
drawee. was nothing more than the use
Of a fictitious drawee. sanctioned by the
latest decision Of the Supreme Court of
t ms C aepart In ana never disturbed by
Mr.. Wellman told the jury that till
1889 'Erastus Wiman was a member Of
the firm became r. G. Dun & Co, and
by a special written agreement Wiman
became an employee, receiving as COM
pensation as General Manager a sum
equivalent to one-sixth OF the net profits,
which Melted him $75, 900 or $4,000 a year.
The prosecution dilated on Mr.. Dun
agency fifty. years ago; how he took up
Wiman, a young man., and put him for
ward, and how .Wiman had turned in
The defense will try to show that this
reverses the relations Of Dun and Wiman;
That Wiman had built up a splendid
called to New York to rejuvenate a bust
ness that was not making a dollar: that
he built up the business to it's present
magnificent proportions, with an income
to Dun of $500. 900 or more pc r annum.
Erastus Wiman listened with the in
terest of an outsider when Mr.. Wellman
said he would show that Mr.. Wiman had
uttered many other forged checks dur
ing the year prior to Feb. s. 1893, the date
OF the Bullinger check. one of which was
to J. N. Fairbanks for $4,000.
Gen. Tracy entered his objection here.
He said Mr.. Wiman was on trial for an
W. will admit right here that Mr..
Wiman wrote the signature on the back
of the check. in accordance with the
practice in commerce." said Gen. Tracy.
Justice Ingraham permitted Mr.. Well
man to go on and holding up the check
1.-THE magnanimous admission of Gen.
Tracy that Mr.. Wiman signed f. w.
Bullinger,s endorsement Is because they
his criminal act and begged for, mercy
In a letter written ten a year age to his ermd EN-
Il fto Is disgu Used NJ" Why ny did he m' disguise it?';
Mr.. Wellman said that after the dis
covery of the forgery r. G., Dun found
s sesa fhsre OF vas sls 2 .o Sh0r WIFE IN the e'p books
did not show any shortage, Wiman hay
hg covered It up by skilfui manipuia-
"A ~bookkeeper discovered a shortage
n s155, 1000 in 1891. spoke to Mr.. Wiman
4Soyt 1t and Wiman gave him a check
Wiman said. Don't deposit that check
yet and kept him along from day to
day. the bookkeeper holding the check
"a month before tina forgery wiman
presented a check, drawn to y. w
bp!linger and indol sed p v. BpIlingeri
rejected the check. Then he scratched
out the Endorsement and got Bullinger
70 indorse It,, telling him II had been
drawn by mistake. Next month he
presented this check. having written on
II in a disguised hand 'E. w. B%ullinger.
"He failed shortly after for 81 100000 on
q 10 per cent. capital, which shows his
financial straits. the motive for the
crime"
The articles OF agreement between r.
O.. Dun, Wiman and Arthur j. King and
Robert ID. Douglas, of Jan. l, 1889, were
put in evidence. They stated that r.
q. Dun was and should continue to be
the sole owner, and would pay a sum
profits.
The agreement speaks of this per-
centage as salary" n says that the
Tor determining the amount Of salary,
but it also says that should either
Wiman. King or Douglas die, the agree
ment shall continue in force, the heirs
taking the place of The deceased.
James Harral was called as the first
witness. He is cashier for r.. G. Dun &
Co. He testified that he drew the Bull,
F.. linser check at the direction of Erastus
Wiman. The firm signature was in Mr.
Wiman's handwriting. and 'E. Wiman'
Endorsed in his own hand"
Cross-eNamininG, Gen. Tracey drew out
tendert. empowered to sign the firm
hat Wiman was the general superin-
name and to act for the firm.