Omaha daily bee., 1909-05-30
HEINZE BOOKS ARE MISSING
Directors Of Copper Company Are
Ordered to Produce Them in Court.
RECORDS NOT IN VAULTS
Upper KinE Refuses to Turn Them
Over Because He is Under InvestI-
cation and Says Minute
Book a. I'm Europe.

NEW YORK. May 29.-The federal grand
Jury's Investigation OF y. Augustus
Heinze's affairs in connection with the
alleged misapplication OF the funds of the
Mercantile National bank. took a sensa-
tional turn today when United States Dis
trict Attorney wise applied to and oh.
tanned from Federal Judge Lacombe an
order directing certain directors of the
United Copper company to produce the fun
and complete books OF that concern in
court forthwith or be declared in con-
tempt.
The directors named, Sanford Robinson,
Carter Glass, William ]. Curtis and Horace
Abel, reported to the court at 4 o'clock
that they were unable to comply with the
courts order, because Mr.. Heinse, the
president Of the United Copper company,
had refused to give them the books or tell
where they were, giving as his reason that
he was under Indictment and further in
vestigation. They also reported that they
were helpless for the moment, but would
make every effort to get into the com
pany's vaults and search for the books
there IL given time. The directors further
told the court that they had called 8
special meeting OF the directorate TO take
place five days hence, when Heinze and
Secretary and Treasurer Clifford, who It is
alleged has fled to Europe, would be de-
posed from their official positions with the
company.
Minute Books In Europe.
Hein1e, the directors went on, told them
that clifford took the minute books with
him to Europe. Frederick Eokstein, the
assistant secretary and treasurer of the
company who was included in the couri
order. said he knew the combination OF the
vaults and was ready 70 aid in getting the
books il they were still there.
Judge Lacombe declared that under the
circumstances he would be lenient. II,
fixed Tuesday afternoon as the time fol
them to report in court again and added
The court appreciates the honest efforts
Of the directors TO get out OF the scrape
They are unfortunate in getting associated
with a mar who is too terrified to ALLOW
his books to be examined. As long as tn,
books are on earth and nave not beef
burned the effort must be made to produc
them
The mutilation of books Of a corporation
as charged by District Attorney Wise, Is
a crime under the state law. The fedora
statutes cover the removal of books, and
such an act may be construed as grand
larceny.
The directors involved, Mr.. Eckstein, AS.
sIstant District Attorney smith and two
deputies went to the offices of the United
Copper company on Broadway tonight e
hunt for the books. F. Augustus Heinzt
had gone, but Eckstein, who is assistant
treasurer, readily opened the vaults. He
stepped inside, turned or a light and Their
exclaimed: They're not here"
Books Not in Vault.
The subpoenas called for a total Of six.
teen books, including ledgers, journals
cash, letter and stock books Of 1907, but
none OF them was found in the vaults
Even the mutilated ledger, which repre-
sentatives of the district attorney had pre-.
viously been permitted to examine, was
missing. The ~searchers, however, found
some books other than those called for ir
the subpoena, and these were placed ir
charge of the United States marshal
The United states district attorney was in
jignant over the manner in which thu
United States and his office had beer
Haunted by Heinze,' as hi expressed II
He referred to IL as "a cowboy holdup,'
and added:
They are getting 10 have a different ides
Of the way hat things may be done in THU
jurisdiction these days. They thought ~
this case that they could AXE their of
Ulcers and ship them abroad or put them or
a train for Canada, and then tell US tina
we could not rave the books because they
might be incriminated. But we established
a precedent by getting Judge Lacombe t
order a meeting OF the board OF director!
forthwith. In all the experience that I hav,
had In the seven years that ! have beer
here this piece of work is the most dam
nable that I have ever heard Of"
F. Augustus HeInze gave out a statemen
at the Waldorf-Astoria tonight regarding
his action in Withholding the books OF tn
United Copper company from the Unite,
States district attorney. He said that eve
since his first Indictment in January las