The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-30
NEW LIGHH ON HETNZB LOANS
MOTION 10 DISNISs CHARGE
OF DECENTRALIZATION.

Court 60 Near Arguments en- That Reatur,
- the Case-C ssaaseral % Protect IN.
cite Helnxs Checlss msMehea HANK
I've Hears After Thcy were Dra~u.
After evidence had been brought o,p,
et ths trial % ?. Augustus Hsinao in the
United states Circuit Court Yesterday
showing that not over two houru elapaed
hotween the time that checks Of the firm
of Otto Heinz q Co. had been overo.r-
uned ADD tho tina In which more than
enough 20 meet them had b~su credited
20 che hrm On October 10. ioO7. e2-JudRr
wallace Of the Heinns counasl asked the
court 90 dismiss the entire charge Of
overcegtihcatbOn against HeinRs.
On tho evidence thus far produced by
ne oovernmsnt.' said Judge Wallace
-tnene h not shadow Of ground on which
the defendant can be held for over csrtin-
cation. and u seems that the District
Attorney has completed his evidence on
this charge
Judge Hcugh. Who In conducting the
Trial. said that he would listen 20 argu-
menss on this motion Monday morning.
when the trial 10 20 be resumed, and Hsinse
and his lawyers seemed 60 be greatly
pleased. On Monday morning there 10
also 20 be argued the question Of admitting
az this point the history OF the pools in
United Copper beginning back In 1915.
which the Government started to bring
QUE yesterday against the objections Of
Helnse lawyers. who contend that mas
much - Mr.. Heinze was not a member
hinaself Of any pool in that stock when
hs was president OF the Mercantile Ma
tiopal Bank and at the time Is,versd by
the indictment. this line Of testimony is
irrelevant.
Tho contsntion of the Government IN
that the United Copper pools beginning
IN ieos and continuing until the October
panic Of 1907 furnished the explanation
for the acts Of overcertidcation and mis-
application OF the banks funds COM
planned Of in the indictment should the
Court throw out the charge of over
certincation there would remain only the
charge that Heinze. In directing certain
loans 90 be made 20 his. associates uniaap-
Piled the banks funds.
Heinzs and his friends seemed 20 be
vel pleased with the points thus far
made by the defence. and the party was
. merry one. Back oG Heinze yesterday
eat his two brothers. Otto and Arthur p.
Inrtr Wives ana heinkes ptetEg. Inc
women Of the party follow ed tho evidence
closely, even though IL led into the domain
Of financial and technical banking. There
~ 90 something Of stir in the afternoon
In the party when the Government sud
denly called Otto Heinye as a witness
and IL was found that he wasn't present
then. Court had TO be adjourned while
q hunt was made for him. Els wife. quite
agitated. rush~d 90 the public telephones
and finally got HEP husband. We appeared
hreathlsas shortly thereafter.
On the stand yesterday Milea " o Rrien
denied fatty that he was reaponsi BILE
for the loans made 90 HeinEss associates
as the defence had made u appear on the
previous day. The loan. he aaid. that he
had bad anything TO do With vas the first
one made TO the firm % Otto Heinse a Co
on March Ia 1907. for $4,000. II APP
peared that tn board Of directors held
a meeting In August after the Comptrollsr
Of the CuErsncy had complained Of
the ,loAnas q Ne hank. and there vas
offered IN evidence q statement % the
outstanding loans of August s. 1907.
which was presented az the board meet
ing This statement included the follow
Ing loans: