New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-14

MR. Dun AND Mr.. DOUGLASS.
and straightforward explanations OF the letter and
Of the reasons which impeliei Mr. Wiman TO write
II there can be doubt that IL created on the
urv considerable impression unfavorable to the
defendant Much OF this impression was due to the
dramatic and effective way in which Assistant Dis
tr1ct-Attorney Weman read the letter. repeating
Mr. Wiman's plea for clemency from MI Dun IN
the most emphatic manner imaginable
s., strong was the effect OF the reading of this
letter that 1t was not strange that Mr.. Wimans
LAWYERS devoted much Of their attention toward
multiplying the force OF the document. That they
succeeded in a measure in their purpose was evil
dent later in the day when Mr. Boardman trained
hot shot into the enemy's camp and made things
lively for r. G. Dun and Robert d. Douglass, the
complanants. and for Francis l.. Wellman' the peo-
niles attorney Another argument in Mr. Wimans
favor was made by General b. F. Tracy when ne
opened for the defence He at once followed out
the line which predicted in The Tribune yes'er-
day declaring that Mr.. Wiman. in indorsing Z. W.
Bu,lngers name on the check merely used 1t as
fictitious drawee. as he allowed by lew TO do.
IN FAVOR OF THE DEFENDANT.
Take 1t all in ali. the day was favorable to Nj
Wiman. despite the letter or confession pro-
duced BY the prosecution. While 1t was shown
that he had been under financial stress. II was not
made clear that in writing Bulnger's name on
the check that he had tried actually 10 defraud any
one. Buinger Dun or any one else. ana MS lawyers
brought this point out strongly before the jury
Then the rehearsal of Mr.. Wmans upright and
energetic career had appreciate effect on the
twelve men in the tury-box, and although Mr..
. Boardman went into detail to such an extent as TO
irrtate slightly two Of the twelve his plea
on the whole was excellently timed, and It's erect
on the Jury seemed more than favorable for the
accused man. Mr. Boardman is man OF large
stature and his towering presence backed up by
his striking gestures welded a powerful influence
in making his words for Mr.. Wiman strongly con-
vncing on the jury.
THE PRISONER on THE STAND.
Erastus Wiman himself was the stand for
good part Of the day. His answers were plain and
stra!gh;forward. He had all the details of r. c.
Dun Co.'S business at his tongues end, ana the
jurors listened to him with eagerness ana an &C.
casonal approving nod
The courtroom OF oyer and Terniner filed
early Yesterday morning and by 10 o'clock there
was not vacant seat 10 be found Mr. Wiman
came into court accompanied by his son, Harry
Dun wiman and j. NJ. Greenshields. Of his coun-
sell The same array Of counsel present az
yesterday, with the exception of Dstrict-Attoney
Fellows Mr. Weman represented the people and
General B. F. Tracy. A. b. Boardman. Lester W.
Clark and ]. VI. Greenshelds. of Montreal. repre-
scented the prisoner.
The first witness called James VI. Fitzgerald.
dealer in paper. He testified that he had sod 10
r. G. Dun Co. the paper they used for their work.
Mr.. We.lman showed him check for $500. drawn
to his order by r. G.. Dun & Co. dated October
q. 1891
did you ever receive the money for this check
was asked. NO sir" The witness said that he had
never deposited the check in bank and that
the signature. "E. Wlman." In the defendants
writing. The witness was not allowed to tell
whether the signature Of his name on the back OF
the check genuine or not. There was no cross
examination.
OGDEN BROwER AND THE CHECKS.
The next witness was ogden Brewer treasurer
OF the Campbell Printing Press and Manufacturing
Company. He was put through the stye Of
examination as the previous witness. MI Welman
showed him a check dated January 90 1898. drawn to
the order Of Mr. Brewer as treasurer by r. G. Dun
G. Co. for $500 The witness said that he had
never received the money for the check General
Tracy's cross-examnation brought out the fact that
the witness had received Mr.. Wimans individual
note TO cover indebedne caused by the check.
Cyrus II. Taylor. receiving teller Of the Central
National Bank, who the stand on Tuesday.
was recalled He was asked TO identify Mr..
Wlman's writing the signature on q deposit Sip.
dated February "a 1891 The witness said he could
not be positive. but that he thought It Mr..
Wlman's writing
The next witness was Robert D. Douglass He
said that he had been a member Of the association
of r. @. Dun & Co. since 1881, and that he had
been with the concern since 1872. lie said that he
not in the habit of looking at the firms books
II not his province to DO lie said that he
knew nothing about the $500 check the $500
check He first saw the sl3J 600 check given by MIR,
Wlman on February q. 1893 He had seen the
check on which the charge OF forgery is brought
at the Chemical National Bank February H..
1893 Mr. wman had been away for week. lie
came back February IS
Mr.. Weman then caused decided sensation by
offering az evidence a letter written by Mr.. Wiman
10 r. c. Dun & Co. which contained the so-called
confession which Mr.. Weman had alluded in
his opening. General Tracy objected to the ad-
mission OF this letter the ground that It was
written by Mr.. Wiman the advice Of counsel
and on the distinct understanding that II would not
be used in either a civil criminal action General
Tracy offered prove this assertion by the testi-
mony OF the defendant OF his counsel W. W.
mcfarland. Justice Ingraham said he would allow
General Tracy to prove his declaration. There was
a long argument. Mr. Wellman objected TO the de-