New-York tribune., 1909-05-29
he could 10 carry out the orders Of the Court TO
find the books.
UNFORTUNATE" Directors.

he could 70 carry out the orders OF the Court 70
find the books.
UNFORTUNATE" DIRECTORS.
Judge Lacombe thanked the directors for
their endeavors, and agreed 20 accept their oner
TO go with Eckstein to the offices to examine
the vault. i understand your position but II
is unfortunate you arc mixed up with man who
is so terrified Of criminal prosecution that ne
removes the books OF a corporation OF which ne
is an officer"
At the suggestion Of Eckstein's counsel,
deputy United states marshal accompanied the
party TO the Offices. Neither Heinze nor George
Baglin his private secretary, was there when
ECkstein opened the vault. The party found
Edward Lauterbach counsel for Eckstein. and
John c. Tomlinson Of counsel for Heinze there
but both denied knowledge of the whereabouts
of the books. out of the books and documents
discovered thirteen books were taken by Abel
l. Smith jr Mr. Wises assistant, but The fifteen
cashbooks journals and ledgers which were
wanted were missing. Among these was the
mutilated ledger
Though Judge LaCOmbe declineI 70 include
Heinze in the contempt of court proceedings so
as not to give him immunity, it is probable that
the mutilation of the ledger will be called to the
notice Of District Attorney Jerome. Such an
offence is a msdemeanor under the provisions
Of the Penal Code After learning the result of
1he search Mr.. Wise said he would advise the
directors to institute proceedings against Helnze
to compel him to restore the books. Such an
action would not prevent his indictment and
prosecution in the Mercantile National Bank
overCertification and misa pplication charges.
At Giffords home il was said that he would
not return until September. Tracy A Bucking-
ham. the stock transfer agent OF the company,
went to Canada last week. None of the direc-
tors seemed to know whether they were d.
reCtors or not, and admitted that Heinze was
in complete control until the action Of the court
set them 10 work yesterday
HEINZE PROTECTING RIGHTS.
F Augustus Heinze gave out the following
statement at the Waldorf last night:
Ever since the first indictment found against
me, a year ago last January. the office of the
District Attorney would have had no difficulty
whatever in having full access TO all the books
and papers of the companies with which am
connected. l have always Courted the fullest
and fairest inquiry and would have been glad
to meet my aCcuserS face TO face at any time.
Notwithstanding this. such inquiry was
made. and my trial has been delayed from time
believe that honest inquiry were now being
made in the interest of justice would not hest
tate at TO aid TO the fullest extent any
effort in this direction. As il is, being under
Indictment, l could have pleaded my cOnstitu-
tional privilege al any time in the last sixteen
months. which have not done until now. In
deed have several times talked freely to the
District Attorney about these matters on my
own initiative. I made on one occasion a COM
plete statement under oath as 70 all matters in
Volved in the first Indictment.
I have also offered TO place at the District At
uFneE olSpoSaI any DOCKS OF papers "Illch NJ
might require. The long delay between the first
and second indictment and the circumstances
attending the second Indictment however. con-
vince me that business transactions about when
! could not be required to testify against myself
being pried into in an indirect and circuitOus
way and it has. therefore, seemed wise well
fair TO myself that I SHOULD avail myself Of
my constitutional privilege with reference 70
books and papers as we'll as TO oral testimony.