The evening world., 1908-01-08
HE| NzE|N COURT
ENTERS A PLEA
OF NOT GUILTY
Dethroned Copper Kings Bail
of $4,000 Is Continued
by Judge.
INQUIRY WILL GO ON.
United States District Attorney
Says Investigation of Banks
Has Only Begun.
INQUIRY WILL GO ON.

p Augustus Henze. the dethroned
Copper King" and former president
of the Mercantile National Bank. to-
dsy pleaded not guilty TO indictments
charging him with official malfeasanc
and overcertifcation when arraigned be-
fore Judge ChatAeld in the United
States Circuit Court.
Edward Lauterbach entered the plea
IN behalf Of Mrs. Heinze. reserving all
his rights. BY permission of the Court.
with the consent OF United States Dist
rtct-Attorney Henry l. Stimson. the
examination was put over until Jan 20.
Mr.. Lauterbach then Informally noti-
fed the Court that he proposed to ask
for copy OF the minutes Of the Grand
Jury at the next arrsigrment OF his
client when the date for the trial Will
be set.
Il understand that. owing 70 the pow
erty-stricken condition OF the govern
ment no official stenographer's report
of the proceedings OF TIE Grand Jury
has been kept" commented Mr.
Heinze's lawyer.
ut is not the custom OF the Grand
Jury to keep minutes replied Mr.
Stimson. "and II is not the custom OF
the Court to turn over such records as
are kept to counsel for persons against
whom indictments have been found"
$4,000 Bail Continued.
The Court affirmed the contention of
the DistrictAttorney, making the an
ANT baf ha
$50 900 bond given for the appearance in
court OF Mr.. Heinze to-day until Jan.
20 Mr. Lauterbach made haste 20
state that his remarks about Grand
Jury minutes were not in any sense
motion before the Court.
The Copper King was dressed in the
height OF fashion. He wore silk nat
frock coat, drab waistcoat, gloves and
spats and carried nobby-lookins walk
ing stick. Prior to his arraiEnment ms
brother. Otto Heinze. also arrayed like
fashion plate, came into the courtroom
and after a whispered conference with
the head of the Heinze family departed
The swearing in of new Grani Jury.
which Is to continue the work which
began with the indictment Of Heinze.
occupied the opening hours OF the court
Mr.. Stimson said TO an Evening World
reporter:
Il am able to say that the inves;iga-
ton instituted by this office into inan-
cial conditions is not ended. 1t has only
begun. While it would be improper for
me to give any hint as TO the individuals
ami national banking institutions whose
acts are under investigation, Will say
that the work is going on Owing TO the
small force at my command the work is
necessarily slower than ! could wish.
but 1t is going on with all the speed
possible under the circumstances.
Stimson's View OF II.
NJ Stlmson's attention was called
to statement made in behalf of Mr..
Heinze that the loan by which the
Arm of Otto HeinZe & Co, benefited in
the sum of nearly sjeor60 had the APP
proval OF the executive committee OF
the Board of Directors of the Mercan-
tile National Bank.
The loan was approved, il Is true,
In a sort o. a way by certain directors.
subsequent to It's making replied Mr..
Stunson. but no board Of directors
has a right to approve of the embez2le-
ment or a bank : funds.
Tho concluding paragraph % section
5209, under which He!nzc was indicted
for official malfeasance. reads as fol-
lows.
'tnd amy person who with
like intent aids or nbcts any
officer, clerk or agent IN any
violation al this section shall
be deemed guilty OF n mi.de-
meanor aud shnll be tmprisoned
for not less than five years nor
more than ten years.
Defect in the Law
Owing 10 an omission of the Federal
Ia" no penalty IS provided tor y.o.I-