New-York tribune., 1909-09-12
F. A. HEINZE WINS SPOINT
CONSPTRACY CHARGE OUT.
Fifteen Counts IN 4nother Indicf-
mept Dismissed By Judge Hough.

In the United States Circuit Court yesterday
Judge Hough dismissed one indictment against T.
Augustus Heinze and wiped out fifteen Of the six
teen counts IN another. There still remains
oictnent that vas found January Z. 1905. charg.
ing mat Heinze overeertihed the checks Of his
brother Otto Heinze. drawn on the Mercantile Ma
nons4 Bank Tor S4eoe0o, in which Mr.. Heinze's
counsels demurrer was overruled
The Indictment which Judge TIough sustained
the demurrer, which argued by John c. Tom
lnsoh " as found against T. Augustus HeinZe
Arthur z. Heinze, his brother: Carlos Warield
Sanford Robinson and Calvin O. Geer. It charged
conspiracy % 'obstruct the administration OF JUS
Gce IN that the Efforts Of the government 70
obtain tbs books OF the United Copper Company
Tere Blocked Temporarily. The other indictment
70 md which Of the books had been used.
handed down on May 4. and charged misapplica-
ton q s225a@0o Of the funds of the Mercantile Ma
nonal Bank between March ana October 1907 while
Mr- EeinZs was president
5oa1 3. Stanchde-d, as special counsel, argued
ms demurrer, and q the sixteen counts Judge
Eough overruled hfteer. The count that stands
charges that on October Il 1867. SIr- Heinzs had
note tor S59o, 600 discounted. without security.
Henry : Wise United States Attorney. was IN
cor-erence with one Of his assistants and Oliver
Pagan yesterday afternoon. Nr. Pagan IS z spe-
olal United States Attorney General, whose work
is the drawing Of Indictments. He had hand IN
preparing the indictments last spring, and on
cal ot the government said yesterday that prep
a-at-ons were being made 70 ask for new tndict-
cistes
Judge Eough dismissed the conspiracy Indictment
n few words. hut gave more attention 10 the
one II which fifteen counts we're eliminated Judge
FloUgh SAD in regard 70 this.
This Indictment seems 70 ne 70 charge n counts
one 20 htIeen This and no more, namely, that with
MEM q oe-.spa TIE bank o. Thich ne vas pres-
named. the defendant caused the bank to discount
s-oI+T "a - - p5i,,,z mo me S5Vieenfs
count varies IRON ne others only IN stating that
The person responsible on the discounted ncLe was
tasolVenJ 70 The knowledge OF the defendant the
TiIe OF the discount The crime OF which The de-
The one oharacterstic or essential OF this crime
On w:aeh me SnPIne ooul hsS s!NayE Hs1s,Sa S rs
converting the money. funds credit Of the bank
has been pointed out This word conversion has
supplied the legal measure which the court has nor
been able 70 md IN wilfUl mlsapplicauon II the
.5ss q Conversion he indlctnSent IS bad ard
general allegation Ct wrongful intent VIII not
taxing the first count tor example. could the
BANK eaTs malntalheu n act-oh .oE conlsrs-S"
der the facts stated2 rhnk not, and am therefore
q the. opinion that counts one 70 fifteen are de-
TIE .izteen'h count IS also asserted 70 b bad
-l--, vas originally procured by fraUoutenr means
--c oosS Q! ca[: i amount 70 6 conversion, 1oE
--S c,,Zs5;oTs srC-i5 r. srsT-E-e7 e+5rr'sriI,eIv
and rhe demurrer 10 the sixteenth count over-uleo
There vas satisfaction over The courts ruling
II The c1Eces ct Le~v Rosenthal & E5eernlance the
general counsel tor Augustus HeirZe. They
gave cut : Statement IN which i vas SAID that
ne note for S5oo6eo instead ot noc being secured
vas protected 81 The time by securities valued 81
Ea.tpt1 which nov have market value q S7ooeo6-
T-e statement says
L-rloubtedly II The facts had been alleged in ths
sE-1E-rh count 0t The Indictment that count would
-.1s- ne familiar rule q law that demurrer 70
--Clcr- admits the allegation therein and
- rse5e6 tbe- coHsrit,te crime the court is not
d Co = :
sccor5tneIv Judge Houeh was compelled 70 ac-
80 45Sf &c, - 4o@ 10, 10 o-
lay before the court Jh7 true facts as above
Ta=a a-r. Eeirze vas indicted. II May. the ban
IN s Indictment found on January = 1905 Of $50 90
Tss continued 7 vas learned yesterday thar the
se-r5-.es Tor HE $4,000 note mentioned the six
-esaJA count o. the Indictment E,0oo shares OF
ONO Copper STOCK 20 90 shares OF United Copper,
-..J shares OF American Ice, 40 shares Of United
Copper preferred ana 900 shares Of stock Of vari-
Gus banks Il said that $40 600 was paid on the
rcrs soon after i was discounted. and that since
rhar $4,000 had been paid. The $4,000 due is Sc
cs-e3 3" The stocks originally given by Mr.. Heinze
The Indictment that Judge Hough put aside was
found after III. wise had his battle for the United
Copper C3n,pany's books. This resulted the time
n lie coIuittsl Tor contempt Of George Baglin,
director ana q threat OF cornuittal against Sanford
Robinson ~ that time 8ir. Heinze's personl coun-
SCI Indictments Tor impeding the adninistratio
= Justice We're fours against Mr.. Robinson and
T. P E=lrze, who were charged with having been
IRE master hands IN the attempt 10 deprive the
government Of the use Of the books Their counsel
oemurred, bur without success and Mr.. Robinson
vaE nned $3.50. Mr.. Heinze was also found guilty
hur sentence in his case was suspended until Octo-
her.
= rV1gs