The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-06-14
OVERDRAwINd OF HIS ACCOUNT.
Attorneys Say They Would Rather
Be in Defendants Place Than
fiis Prosecutors.

prosecution in the case of Erastus Wimau,
accused of forgery in the second degree,
was all in when the court took its noon
recess to-day. The witnesses examined
to-day were in the main to 'cOrr0borate the
evidence submitted yesterday, and new
points of consequence were scored. The
letter from Wiman to Dun, in which a
full confession of the forgery of E. w.
BulliDger's name as indorser of two
checks, was offered in evidence. to which
the defense objected on the ground that it
was procured on the promise of indem-
nifty. 1t was admitted. The counsel for
Wiman entered exceptions.
In stating the case for the defense Gen
eral Tracy took the position that as Mr..
Wiman was partner in the firm Of r. G..
Dun & Co. his actions were strictly legal,
'If at times somewhat roundabout"
General Tracy argued that each partner
had the same rights and powers in the
matters of the firm as had the combined
firm. BE was still on this line of argument
when the court took a recess.
Judge lngraham ruled that it was i'm
material whether Wiman was or was not a
partner of Dun. but that it was entirely
clear that as between themselves it was
not partnership. The articles OF agree
ment were merely an employment of
Wiman. King and Douglass as managers.
All power of Endorsement was expressly
withheld from them, except the power to
indorse for deposit checks payable to the
concern.
Wiman had been allowed to indorse for
other purposes and to that extent the
articles were virtually modified. The act
of Wiman, however, as far as shown, was
w Mo ipI
provisions of the statute relating to for
gerry. and was plainly an act which he had
no authority under the agreement to per-
form.
Attorney Boardman then began his
OFening address for the defense. claiming
Wiman was the head and front of the firm
of R. G. Dun q Co. He conceded that
Wiman had signed Bullipger's name to the
two checks and deposited them to his own
account He also conceded Wiman's in
deOtedness TO the firm. The letter of con-
fes3i0n was admitted to show the relations
of Wiman toward Dun. The concern
made more than $1,000 day for Dun. who
never bothered himself about its affairs,
but let Wiman do it all.
Boardman dilated upon what he called
the extraordinary character of the prose-
Cution in this case. Would you take by
the hand man like Dun, who gives to the
public authorities a paper so sacred and
confidential as this letter of July l, 1890?
The prosecution of Wiman dates back TO
the year 1866 when Wiman came on here
to take the management Of the New York
Office at the earnest wish of Dun. In
order to make my meaning clear it should
be said that Dun is childless. Following
the death of Barlow, Dun's partner,
Douglas. whose uncle had been one of the
founders of the commercial agency,
thought he ought to take the place of his
uncle.
Gentlemen that man Douglass was
Wiman's arch enemy from the very be-
ginning. Dun stood by Wiman through
all at first, but you know constant drip-
ping will wear away the hardest stone.
Douglass opportunity came when he was
apDrised of the two Bullinger checks. He
was happy then-happy to strike down the
mainstay of the firm"
ID closing Boardman said with choked
utterances: 81 would rather stand before
this bar charged with all that Wiman is
charged, with all it implies, than l would
stand in the SHOES of Dun"
General Tracey then called the defend
ant to the stand and asked him to tell the
story of his life up to the present dav,
The defendant began by giving sketch
Of his career in Canada, and said he came
to New York in 1866 to take charge of the
New York branch at the solicitation of
Mr.. Dun.
Wiman went on to describe how he sug-
gested the establishment of the firms
printing establishment, how ne bought
enormous supplies for that plant and how
soon thereafter he was taken into the as
sociation. he added that he had complied
the reference book, containing more than
a million names. and had created many
new features.
zine agency at that time was On the
mercantile spy system" added Wiman.
but abolished MANY Objectionable fea
lures and raised the tone Of the agency"
During his time as manager of the
agency the firms profits increased from
nothing at first TO $4,000, then 500. 600.
then to S250O00. and by successive Jumps
TO hall million. which in round num-
bers was the net profits of the agency
when he was dropped out of it. Wiman
went on to say that from the time of Bar
lows death in 1880 Dun had ceased TO take
an active interest in the association affairs.
Dun had an equal interest with him in
the Staten Island Rapid Transit scheme
of 1880. Speaking to Dun of his over
drafts. witness had told him that he owned
at least 100000 worth of real estate ON
Staten Island. and at that time be regarded
that as a trust held by him against any
money he might owe r. G. Dun e. Co.
81 will add that at that time | owned
more real estate within ten miles OF New
York city than any other man."
At this point General Tracy read letter
written By Dun on January II. 1893, in which
Dun states that Wiman was drawing too
heavily against his account. In this letter
Dun restricts WimaD to $1,000 month.
The letter goes on TO say that it has come
to Dun's knowledge that he (Wiman) is
going about telling people the private
affairs of the firm. and winds up by stat
ing that II would be glad to learn that
your affairs are in better shape than |
imagine them to be-"
After the reading OF this letter court was
adjourned until tomorrow morning. The
case will probably 90 TO the jury to-mor-
row afternoon.
----------
Morgan's Resolution Passed.
WASHINGTON, June ID In the Senate