Evening star., 1909-06-26
Copper Mans Sentence Prob.
ably Fine, Put Off to Fall.
ROBINSON MULCTED $3.50
Court Inclined to Mercy. But Re-
strained in Leniency.
BOOKS MUST BE HUNTED UP
Prosecutor Wise Talks of Montana
Highbinders and Says They
Must Be Taught Lesson.

Must Be Taught Lesson.
NEW YORK, June 26.-Following the
conviction of Sanford Robinson Thursday
of the crime of obstructing justice in ad-
vising witness wanted In the Heinze in-'
vestigation to evade service of a grand
Jury subpoena, a jury in the United
States circuit court yesterday convicted
Arthur +. Heinze of the same offense-
Then Judge Ray. who had presided ut
both. trials. gave Robinson a fine or S-'o
and postponed passing sentence on A. r
Heinze until fall. Heinze promising in the
meantime to endeavor TO assist Distrirt
Attorney Wise by producing again the
two trunks of books of the United Copper
Company which were sent away on
Heinze's order May 30.
Judge Ray, in announcing the sentence
of Robinson, expressed his opinion that
the attorney did not realize what ne was
doing when he told Tracy Buckingham.
the individual for whom May y a deputy
marshal came with a subpaena, not to 30
out to be seryed.
Judge Gentle With Robinson.
When the second conviction had been
obtained yesterday afternoon Judge Kay
had Robinson, whose sentence had beeh
postponed pending the result of the
Heinze trial, called to the bar.
1T is a hard thing" said the 1udse'
TO have to pass sentence on az, seie i.n
man of standing. one learned In the laW'
and who has always bornG n good repu-
tatiOn in the community
ut is a hard thing for you and your
| family, and a hard thing for the court
| This is your first offense against the law.
and I do not believe that you realized
what you were doing. now did your?
mo, I did not said Robinson.
PERHAPS you never had heard of this
statute" suggested Judge Ray.
Robinson said that he never had, and
| United States Commissioner Shields, who
| is also clerk of the circuit court. and
| was present contributed the Information
| that in his forty years of service as clerk
| he had never heard of such case before.
II hope that no proceedings Will be
| taken in this case" Judge Ray went on.
| land l will recommend to the Bar Asso-
| citation, of which l am member, that
| we forgive Mr.. Robinson and err on the
| side of leniency, for the sake of him
| and of his family. I think that If Mr..
Robinson pays fine OF 800 the ends Oh
| Justice will be satisfied.
Then, turning to the convicted man, the
| court admOniShed:
Now don't he so jealous in tho in
terest of your client again that you for,
| get the law. ] don't think you would
| have done this if you had thought about
| it, would you?" asked the court
Never Again, Robinson Says.
| II certainly would not do 1t again.
| said Robinson, who paid his fine and left
| the courtroom
Then Judge Ray had A. p. Heinze
called Heinze stood at the bar, while
/ his wife sat at the counsel table, her
/ head bent forward to drink in every word
that the judge might say. Judge Kay
said that Heinze's case was somewhat du
/ ferent and that his action in sending Buck
| ingham to Canada, knowing that ne was
| wanted before the grand jury, was the
| most reckless thing he had ever known
| of an intelligent man doing: let alone
| one who had been admitted to the bar
| Yet, on account of Heinze's wife. Judge
| Ray was also disposed to be lenient
''I had intended to impose a jail sem
the Jail sentence, but now, in view OF
the disposition that l have made OF the
Robinson case. ] am disposed to make
it merely fine. :,
United States Attorney Wise oroke In
al this point:
But, your honor. this is the man who
| took away the books at midnight, and he
stands here now. just as effective block
to the administration of Justice as he was
before he was convicted.
THE only way in which the Haunting or
the government of the United States can
be ended is by holding jail sentence
over him and restore the status quo
William Rand, jr.. counsel for Heinze'
interrupted to say that 1t was impossible
for A. P. Heinze to restore the books.
That's what they all say" declared
Mr. Wise again. They all stand around
in a circle and point to one man, the
brother of this man here, whom I cannot
force to tell me where the books are, be
cause If ! did l would be giving him
| immunity in the prosecution that he has
to face"
who are the stockholders Of this cor
poration?' asked Judge Ray.
| This man is one of the largest ones"
Mr. Wise rejoined, "or at least he was.
They had a pool three years ago In which
they got nearly all the stock"
"He doesn't own share Of stock" IN
| terrupted Mr.. Rand.
Warning to 'Highbinders."
| Then he has transferred it to dunn
miles," retorted Mr.. Wise.
Now Robinson's testimony shows
that this man sent two trunks out TO
| Butte and that one was here in New
| York. Now let him say where he sent
| them, and after that take up the mat
| ter of sentence. It's time that a lot or
4 Montana highbinders found out that
they can't do that sort OF thing in New
| York"
/ NIT that he could get back the two
trunks of books that were sent to Mon
4
Wise said that he was satisfied to have
the question of jail sentence stand In
allowance until October, and Judge Ray
/ so ordered
The day started with a long argument
| between Mr.. Wise and Mr.. Rand as to
whether Buckingham should be forced to
| testify But when Judge Ray announced
| his decision that Buckingham's willing
ness to testify before the grand jury
! prevented him from pleading constitu-
/ tional privilege at this time. jury
| was called back. and Buckingham told
the story about the disappearance of
the books.
While in Canada Buckingham sent
| telegram to the offices of the United
! Copper Company just before he re-
| turned. asking for more money, and
| one which he received. signed Arthur"
| which was admitted in evidence on the
! theory that 1t was sent by Arthur P.
| Henze.
This last telegram read as follows:
| June 3. 1909.
| Tracy 8. Buckingham. Windsor Hotel.
Montreal:
Grace received your salary yester-
day. I instructed you to live economical
| ly, and not $3.50 in ten days. If plain
| boa riding house does not satisfy you.
perhaps you would prefer to follow
"ARTHIIR