The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-29
JURY FINDS W0OTEN GUILTY.
MATTHEW'S IN THE
SAME CATEGORY, SAYS JUDGE.
Hut II Is Not on This Charge That the
Secretary OF the County Committee
Is to BE Tried - Jury Calls $3.50
Agreement Genuine Document

John W. Wooten, who was counsel for
David Rothschild while Rothschid was
wrecking the Federal Bank, was convicted
yesterday before Justice Davy in the SUI
preme Court, Criminal Branch, of grand
larceny in the first degree. Wooten. who
is son-in-aw of Walther Luttgen. partner
Of August Belmont, stole from Rothschild
a check for 81 600, which was extracted from
the tinancier on the preteXt that 1t was
needed to pay in advance second years
premium on Rothschild'a bond as temporary
administrator of the Weisell estate. The
maximum penalty is ten years.
The jury was out about an hour and a
half. On the first ballot the jury stood nine
for conviction, with three blank ballots.
Then they sent for the agreement, signed
by Wooten, in which it was stipulated that
Armitage Mathews, secretary of the Repub-
lican county committee and counsel for
the bonding company, was to be paid $3.50
If the company would continue its bond
and allow Rothschid sole ,control of the
securities Of the Weisel estate, which at that
time he was looting. According to the
information from the jury room the jury
decided unanimously that this agreement
was genuine although Wooten swOre on
the stand that it was forgery and Mathews
testified that he had never heard OF 1t until
he read of it in the newspapers.
Justice Davy discharged the jury. and
after recess of two hours, when Wooten
was again arraigned,. George Gordon
Battle, his counsel. asked that sentence
be postponed Then District Attorney
Jerome sprang surprise.
tence set for July TO- he said. AT the
same time | think it is only fair to Mr..
Battle to tell him that intend to submit
to the Court several afdavits showing
that this is an aggravated case. These
affidavits will call for categorical answers
may wish to submit afiidavits in rebuttal.
] say now that these affidavits will accuse
Wooten and implicate others.
Armitage Mathews and Samuel ]. Fergu-
son are indicted with Wooten for con-
spiraoy and grand larceny in lootng the
Weisell estate. 1t liz supposed that MIR.
Jeromes affidavits will refer to the charges
in these indictments Mr.. Jerome said
he would submit the affidaNits to Mr.. Battle
on July I, and Justice Davy fixed July 10
for Wooten's sentence, As Wooten was
being led over to the Tombs he said:
Il want to say, and say it now, that l am
innocent of this charge
In his charge to the jury Justice Davy said:
There il no conflict between the wit.
nesses as to the making of the check and
mits getting the check for the purposes
alleged and says he delivered it to Mathews.
an agent of the surety company. The agent
admits that he received the check. 1t APP
pears that the security company never got
cent of the money. Mathews says he re-
ceiyed the money and paid it back to Roths--
child. If he obtained the money, why did
he not turn it over to the company; and
the question arises why did he pay it back
to Rothschild? The case, therefore. comes
down to a very narrow compass. and that
is, was the money paid back to Rothschild?
If Mathews did not pay it back, then he
is as liable as the defendant.
This IL an important case. II makes no
difference what mans standing, be he
a lawyer merchant or Prince, when he
comes into court he is entitled to the
same measure Of justice. 1t is said that
Rothschild is behind this case. No, it is
the Peoples case"
In the pending indictments for conspiracy
and grand larceny against Mathews he is
not charged with having any connection
with the 81 600 check transaction. On the
stand Wooten admitted that there was an
agreement between him and Samuel l.
Ferguson who was counsel for the heirs
who were contesting the Wesell will, that
they we're to share equally in the fees Roths-
child got as administrator and Wooten s
fees as attorney for the administrator.
In the indictment against him Mathews
is charged with having an agreement with
Rothschild that Mathews. counsel for the
company that bonded Rothschild, was to
get per cent. of all the money Rothschild
borrowed on the securities of the Weisell
estate. In the observation-disclosures agree
ment there is stipulation that Mathews
is to certify that the securities OF the Weisell
estate were intact.
The District Attorneys Office was well
pleased over Wooten's conviction. On
July 10 motion will be made to set date
for Mathews's trial. He refused to say
anything about his case yesterday.