New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-13
Jury QUICKLY
ACQU|TS HE|NzE
Verdict foreshadoWed in Judges
Charge Brings Flood of
Congratulations.
COURT ORDERS BROTHER CUT
Summary Treatment Follows
Calling Prosecutors State
ment a Lie-History
of the Case.

Not guilty" was the announcemene
made last night by the foreman Of the
Jury that has been hearing the govern
rnent case against F. Augustus Heinze
since April %. There was ringing cheer
from the friends of the acquitted man,
checked immediately by Marshal Hen
KEEL. Then the jurymen fled out TO the
rrlarshars Office for their pay vouchers,
court was adjourned by Judge Hough
and Mr.. Heinze was put through
course of congratulations that mussed
ur his hair, disarranged his necktie and
wiited his collar
The Jury had been out for one hour
and forty minutes II was $50 O'Clock
when word was received that an agree
n1ent had been reached, and at 9ff
o'clock the twelve men fled into the
Criminal Branch of the United states
Circuit Court. looking cheerful Judge
Hough went through the usual formali-
ties. and then in answer to the court
clerks question the acquittal was an
nounced As the jurymen fled out MI.
Heinze shook hands with them He had
the following statement ready
T am naturally pleased with the verdict,
| but not al all surprised. me tLilng :
the case to trial I have been ready LOT
/ trial every day since the first indlctrnenc
was returned two years and half ago.
/ This tle.Iay has cost me between S4-OO0r0Oo
| ard s., 600. Possibly some persons VINO
were very anxious TO see me eonvI ,.1,,S,
viii be almost as well satlshed WIN
/ this as though / had been found guilty,
/ for the ruination of my credit seems 70
have been one of the objects most viclousiy
Towever. as has been brought out in the
| evidence T still have some of the best cop
I tend to devote my whole attention TO them
which I have not been able to DO for Two
/ years and a half appreciate the ioya 10y,
| through IL all and regret exceedingly tn9
| temporary loss which they have suffered
| in the depreciation In the price or the Sc
| cIrities in which ! am interested
JUDGES Charge Favorable.
The verdict was foreshadowed in the
charge. to the jury by Judge Hough. al
though he gave no directions other than
interpretations of the law and eluclda-
ton of the evidence The sentence
| around which the charge revolved ap-
piled to the accusations of n1isapplica-
]
! the Mercantile National Bank. of which
Heinze was president in 1907. and was
TO complete the crime of wilful mis-
application there must not only nave
been a conversion of moneys, funds or
| credits TO the use of some one other than
/ the bank, but such conversion must nave
| been made with the intent. as charged
| in this indictment on the part of the de-
| PENDANT to injure or defraud the bank
| 1t was on the clause Ito injure or de-
| fraud the bank" that the prophets. al
ways around courtrooms. based their
prediction of an acquittaL There was
some modification of the intent 20 de-
| fraud the ,ank as a basic necessary
| proof when the court said that the law
presumed that man intended the legtti-
mate consequences of his own acts. and
| If the consequences of the acts alleged
in the Indictment were to injure or de-
| fraud the bank the guilt would have 10
| be assumed
| There was the intensest interest in the
| case all day yesterday, although the
whole time was taken up with the argu-
| ments of the United States Attorney.
| Henry a Wise, and counsel for Mr.
| Heinze, John B. Stanchfield. and ths
| judges charge. There was a dramatic
scene when in the course of his address
Mr.. Wise made a charge that Arthur P.
Heinze did not approve Of
Elected from Courtroom.
He leaned over and said. so that the
prosecutor could hear him:
That's a lie"
/, Mr.. Wise called the jury's attention TO
the remark That was the first that
Judge Hough had heard of it.
Marshal he called; do you know
the man who made that remark -
Il do" said the assistant to Mr..
Henkel.
Eject HIM" said Judge HOUgh
Arthur p Heinze did rot wait on the
order of his going but left Immediately
with his wife. and Mr. Wise resumed.
The United States Attorney made an
eloquent appeal for conviction. He said.
after declaring that the generalization
of checks was theft. as though man
stole money from a bureau drawer:
do you think that if this was a tech
meal charge only The government would
spend money TO prosecute this man? MOL
II is because the bank was looted of that
money that was borrowed that day. Oc-
tober IL 1867, and s36O.0G0 is still owing
Of that $500 0G0 despite the maguihcent
array Of collateral of which YOU have
heard so much And il was for the theft
of that money froua that bank. of which
he was the chief trustee. that this man.
+. A. Heinze. is here to-day"
The prosecutor closed by urging the
Jurors to remember how Moses went up
INTO a mountain and COmmuned with
God: bringing with him the tablets OF
stone. upon one of which was the man
date:
Thou shalt not steal"
Attacks Federal Attorney.
Mr. Stanchheld. who spoke in tbs
morning for mere than two hours. ac-
cused Mr. Wise frequently of misstate-
ments in his argument He said he had
suppressed. facts also IN the trial. facts
that would have been favorable 20 Mr..