The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-11
F. Augustus Heinze Had Only
the Events of One Day to Elk
plain Away When His Law
yers Took His Side of Case.
OUTCOME HINGES ON THE
LOANS MADE TO BROTHER
Judge Refused to Instruct the
Jury to ACquit, and After
Statement of Counsel Wit
neSSeS Were Put on Stand.
NO NEW FACTS ELECTED

n Jew YORK. May IO.-F. Augustus
1 Heinze, former president of the
Mercantile National bank, had only
the events of one day-OetOber Ia. 1897
TO account for when his counsel to-
day took up his defense on the govern
ment's charges of over-certifIcatIon of
checks and miSappIIcatiOn of the banks
funds.
All the other counts In The HeInze
indictments have been thrown out from
time to time by the court. The last,
except those covering the happenings
of October IA, were dismissed by Judge
Hough In the United states circuit
court after the government had failed
TO connect Heinze with the operations
of the United Copper pool, managed by
his brothers. firm. Otto Hefnze Il Co.
i'm the interest of which the prosecution
alleged HeiDze had mIsappIIed the
banks cash and credit.
The trial has now narrowed down
to the charge that Heinze over certi-
fled Is checks of his brothers firm.
aggregating s464 900. and misapplied
the funds of the Mercantile National
bank TO that extent.
An effort by the defense to clean
naught early in today's session. Judge
Hough denied motion that the jury
be directed 10 acquit Heinze on the
third remaining count in the indict-
ment. the defense urging that the firm
of Otto Heinze & Co was entitled 10
credit by virtue of the loan Heinze
had taken out and signed over to it at
the time the alleged -certifica ton
took place and also that there was no
evidence to show that Heinze directed
or authorized the certificatiOn.
Judge HOugh likewise denied a mo-
ton that the evidence concerning stock
sales by the United Copper company
be stricken from the record.
Heinze Praised by Counsel.
Mr. Tomlinson. in his opening ad-
dress, declared that Heinze would have
been a rich man today and the United
Copper company a wealthy corporation
but for the indictments which have
hung over Heinze's head He traced
Heinze's career in the west.
He went there without a cent OF
capital and he dug $4,000. 000 out OF
the ground" said Mr. Tomlinson-
What did he do with it? He gave it
to the stockholders. He went to Mon
tana. where there is no stock exchange
gambling. He is loved by many for
the enemies he has made. There are
numbers ready to follow him because
of his enemies"
The attorney said he did not believe
the jury proposed to punish Heinze for
his kindness and generosity in loaning
money to his brothers" who were rated
as men with millions behind them He
was not charged with misHlana cement
of the United Copper company and the
idea that he would have sought to rob
the bank in which he held 81 400 600
worth in stock was ridiculed by the
lawyer
Witnesses for Defense
The defense called witnesses to Off
set the governments testimony con-
corning the Over-certifica ton charges
and to show that Heinze had no inter
est in the United Copper stock trans
actions of his brothers firm.
Practically the whole day was de-
voted to an inquiry into the value OF
properties cited as assets of the United
Copper company.