New-York tribune., 1909-05-30
JEROME AFTER HElNZE
BOOK MUTILATION CASE
WM Take Up Question Tuesday,
U;se TVon't assume InitiGtiUe.

---tc+ Attorney jerome Will take up on Tues
=, The 17lutiation Of the books Of the United Cop
- - -or7Danv a crime under the state laws, IT was
it-+sd Yesterday He will have to get some Of
~ evidence from United States Attorney Henry
MIA hut made no move to do so yesterday. Mr..
e.. looks upon the tampering with the books as
,-ons- card in the prosecution Of F. Augustus
@,-ze on the two indictments standing against
-. The United States Attorney said yesterday:
~ IN not intend TO bring the question Of the mu-
- of the books before the District Attorney.
- vin naturally take his own initiative. 1 have
-tlse IF my own The removal of the books put
,au phsse on the cases, this is acuonaole
se- the federal statutes. Ny prosecution or MI
.Issnze viii not be hampered in the least by the
s,rbt of The officers nor the disappearance OF the
. don't believe for minute that the books
go been destroyed. They contained the records OF
=. United Copper Company and of many supslolary
,,,osrss and were of great value to MI. Helhze'
1z-bsp asked whether it was believed that Stanley
-4so,i the secretary, who sailed for Europe on
~, % had taken the books with him, Mr. wise
= .be+ he did not know. From officer OF the
.o-,nsn,- il was learned that Mr.. Clifford made a
to,,rney TO Europe every year at this time IN the
interest Of the company and that his departure Nao
,othigg to do with the books or the Heinze N
stctrnents That the secretary VIII be removed IL
generally expected-that is, if the directors oI"ei
,ba, Nr Henze have their way.
NJ Teinze will not submit TO removal as direc-
-, ,thout fight in keeping with his reputation II
yss said yesterday He is said TO hold thlro III
.s-sst in the SSO,000o0o copper company. This may
enable him to checkmate the attempts to oust MN
:. tbe meeting called for this week. Mr. wise
a5 ,hs- in the event Of Mr. Heinzes removal the
sfreetors could demand the books from him, but
,ba result could not be foretold- The thlrty-hNe
,ssss torn from the ledger, Mr.. Wise said, reateo
- The holdings OF copper stock by Mr.. Heinze' Max
schultz and other participants in the copper pool
and the borrowings from the Mercantile National
Rank Nj Wise was particularly elated because
az the internal developments in the company say
inr
This is the first time on record that grand
.,1rv has forced meeting OF a board of directors
NJ q big corporation. and that is something Ihere
,s no intention 20 cause the arrest of Mr. Helnze
bscause Of the outcome OF the proceedings on FIJI
dav I shall go right ahead with the preparation
sf the cases against Nj Heinze on the Two IN
actnents now pending against hinl-one charging
ne overcertihcation Of checks of his brother Ot1o'
spa the other the msapplication Of some 100000
Of the funds OF the Mercantile National BANK
The arguments the demuTrers interposed 10 tfie
indictments may be heard on TUESDAY unless
there should be good reason given Tor aoJoUin-
ment"
There was an inquiry early last week as to re-
nerted changes in the company, but the directors
eenerally knew nothing about the coTpoiauoli >
affairs Air Wise heard of the sailing OF MI o'it-
ferd as soon as he put his foot on the s'eaH'e4'
mt il vas then too late TO serve him with SUI
peena William J. Curtis, one of me directors Helu
tast pesition il was said, because of the part
befge taken by his firm. Sullivan & Cromwell IN
TIE Eeerganization Of the Mercantile Natohal- Il
Was al the initiative Of Mr.. Curtis that me hiIS
call fer meeting was sent out on trlday' "lnCI
vas held early in the afternoon OF that uaE- IL
will hack the attempt TO oust Mr- Heinze-
Edward F. Lauterbach. counsel for MI Heiaze'
said Yesterday that if the government had suca d
strong case against his client IT seemed 10 MN
afr Lsuterbacm that the United states At'o'iies
was much stirred up about getting the DoohS'
When asked whether the books were -o,
go, ,or NJ Feinze said that the case might
ss ike that of the Irishman who had dropped
l,s-tIe aev-n 8 well. He said that the Kettle was
nat lest because he knew where IL "Ss' Du' 'e
couldn't recover 1t from the Well