New-York tribune., 1909-06-02
COUNSEL, MAY JOIN HIN
IN TONES TO-DAY.
Disappearance of United Copper Co.
Books To Be Brought officially
to JerOme's Notice.

the grand jury short time before court opened
that he had heard Arthur p Heinze. Sanford
Robinson. of counsel for F. Augustus He1nze'
and Tracy Buckinham. the transfer clerk, now
said TO be in Canada, arrange to remove the
books.
If the grand jury minutes bear out the state
ment of Mr. Robinsons testimony before thaI
body made to the court. ne will be sent TINS
morning to join Mr. Baglin. Before the court
closed for the day Judge Lacombe requested
Henry A Wise, the United States Attorney 10
communicate the facts in connection with the
disappearance of the United Copper Companys
books to District Attorney Jerome, so that the
latter may take action
, Mr.. Wise began his hunt for the books last
week He charged that one of the iedgers hao
been mutiated and that the remainder, although
being used By court officers had peen splrlteo
away. Judge Lacombe gave the directors odn-
ford Robinson, William J. Curtis. Chester Glass;
George Baglin and Horace G. Abel, until yes
terday to find the volumes
Judge Lacombe who had been away over the
holiday. opened court at $3.50 o'clock Just be-
fore that time MI Wise. at the head Of the
grand jury. entered. Counsel for the directors,
among them John B. Stanchfeld Edward I-au-
terbach A. Jaretzk and Joseph Cotton, were
hand. Addressing the Court Mr.. Wise SAID
None Of the gentlemen has produced the
United Copper Company books but | have evil
dence taken before the grand jury that reneCIs
upon member of the bar heretofore III Sooo
standing.
George Bagln vice-president of the company.
testified that he heard May IL a discussion
between Sanford Robinson and Arthur P Helnze
about the removal of the books: that two empty
trunks were brought into the Offices Of the COM
pany at the time, and that he, MI BaSIlh' was
requested TO leave the room
Mr. Bagln departed and gave instruction to
the janitor regarding the removal Of the trunks
1a htag,t rrFnr in he
Baglin returned several days later II seems to
me that there Is nothing more TO do than 10
HELD PENDING RETURN OF BOOKS.
Judge Lacombe wanted to know whether that
was after the subpPnas had been issued Mr-
Wise said it was. Then the judge said that IL
there was a statute under which somebody
could be indicted for that proceeding 1t should
be done He then asked Mr.. wise 10 commun
cate the facts 10 Mr.. Jerome. which Mr.. Wise
promised to do.
Mr.. Bsglln at first denied that he knew the
books were to be taken out, but his memory
vas refreshed by Mr. Wise. Uhereupon he said
fhat he did not why he should be held re-
sponsible when he did not have charge of the
books
Officers and directors Of corporations" said
the Judge. cannot stand around idly while
others are plotting TO remove the corporation
property. I shall commit you to the custody OF
the United States marshal until the books are
forthcoming
Mr. Baglin was IN the Tombs fifteen minutes
later. Before the court took a recess to give
Mr. Wise opportunity to examine Mr.. Rob
iuson before the grand jury. counsel for the di-
rectors made an appearance. and A Jaretzki. for
Mr.. Curtis. explained that the latter vas in
court at Saratoga and then said that the di-
rectors and stockholders would meet to-day, but
that the directors probably would not be di-
rectors the day after
When court reconvened Mr.. Wise said that
Mr.. Robinson had refused to testify regarding
the conversation, pleading that he and Arthur
2. Heinze were counsel for the company and as
such their conversation vas privileged. The
United States attorney said that Arthur P
Heinze had been a member OF brokerage firm
and interested in knitting goods concern. He
might be a stockholder, and Mr.. Robinson said
that Mr. Heinze a member of the New York
bar
1t is most marvellous proposition, this"
Mr.. Wise said warmly There is no proof that
Mr.. Heinze is g member OF the bar and he has
never earned dollar practising law in this city,
and yet TO evsde 4 court order he Is made a
counsel"
REFUSED TO TESTIFY.
Ny. wise had to repeat to the court that Mr..
Robinson had refused to testify and then he
and his counsel were summoned to the bar. Mr.
Cotton said that his client had not been sub
poenaed, whereupon Ir Wise stated that Mr.
Robinson knew that Frederick Eckstein, the
former assistant secretary and treasurer was
under subpoena.
Mr.. Cotton said that there was no reason he
knew of why the books should have been taken
out of the jurisdiction OF the court. Then Judge
Lacombe, leaning and addressing Mr.. Rob
inson, said:
Members Of the bar who make themselves di-
rectors of corporations should bear In mind that
when their action directors Is challenged
they cannot shield themselves for their acts as
directors by pleading the privilege counsel.
You stand here a director In collusion to
spirit these books away. If your counsel cannot
controvert the testimony given here, shall not
have the slightest hesitancy In committing you
for contempt
Under his oath a lawye. my client could |
do otherwise" answered Mr Cotton.
mo oath gives the right to conspire to vio- |
late the law disregard the order of the court
retorted Mr.. Wise. Substantially your client |
advised contempt of court In the removal of the |
books. and the day the books were taken he
knew that officers of the court were examining |
them. and then in addition there is the signih- |
canoe of reques sting Mr. Baglin to leave the |
room" seI !
Upon Mr.. Cotton's request 10 be permitted to |
see the rescript of the minutes OF the grand |
Jury and the Courts desire TO look over a COPY |
also, the case went over until this morning Be |
fore adjourning court Judge Lacombe said that |
if the minutes bore out the United States Attor-
uey's recollection of the testimony Mr. Robin
son would be sent to keep Mr. Baglin company. |
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