New-York tribune., 1910-01-05
HEINZE TO PLEAD
COPPER MN DUE IN
COURT TO-DAY.
Faces Tzco Indictments IN Ma
ti0ndI Bank Lac VioIa-
ton Cases.

F. Augustus Heinze, once a copper
king" was expected in New York last
night less than three days after the de-
parture for Atlanta of Charles w. Morse,
formerly his friend and associate. Morse's
going and HeinZe's coming were alike
in this point; they We're accomplished
quietly and unostentatiously and with
out the accompaniment of red fire and
brass bands and laudatory speeches that
marked Heinze's Homecoming, when he
got back TO Butte, Mont, month or
TWO ago.
They differed in this respect. Whereas.
Morse went away after losing in long
fight with the United States courts,
Heinze comes back TO take up what may
prove just as long drawn out battle
with the same tribunals.
Heinze was expected to get here last
night or at the latest this morning. If
he gets here in time he will pay a visit
10 the United States Circuit Court, where
he will be asked what plea he has to
offer to two indictments which a busy
federal grand jury has found time to re
turn against him while it has been hard
at work on the trail of smugglers of
inery and persons who found it to their
interest 10 see that sugar imported to
New York was underweighed at the
docks of the big refineries
If he should be delayed. the arraign-
ment Will be deferred until tomorrow or
until such time as the copper man can
reach here. The indictments We're re-
turned several weeks ago, and Mr..
he would be wanted when the January
term of the United States Circuit Court
opened here. The court opens to-day,
and yesterday afternoon it was said that
Heinze was on his way here and ought
TO reach town last night
TWO INDICTMENTS FOUND.
Heinze will have to say guilty" or
mot guilty TO two indictments. Both of
them were sealed when found by the
grand jury, and have since remained so,
but when they are read in court to-
morrow Heinze will have to announce
his plea, it is said. both in regard to
alleged charges of overcertification of
checks OF the Mercantile National Bank
and with respect to conspiracy TO thwart
the progress of justice by helping di-
rectly or indirectly TO put confidential
employees Of his and records of the books
OF the United Copper Company outside
the reach of the federal grand jury.
Heinze has been before the court al
ready on these charges, and altogether
FueSeeded in coming out of the matter
1alrly well On January of last year
he was indicted for overcertifcation of
checks, drawn ON the Mercantile Ma
tional Bank on October Il. 1907. and
amounting TO about 100000 This in
dictment was left standing. In Nav of
last year he was indicted again for mis-
application of the funds of the hank.
There were sixteen counts in this in
dlctment, in which Heinze was charged
with misapplication of s., 100000 of the
banks funds, but fifteen of them were
overruled when the argument on
Heinze's demurrer TO them was held be-
fore Judge Hough on September il last.
The count left standing declared that
Heinze had on October Il. 1907. dis
counted a note for 100000 without Sc
curity.
ON June Is Heinze. with his brother,
Arthur p. Heinze. Carlos WarfieId, the
vice-president of the Ohio Copper Com
pany one of Heinze's concerns: John
Geer. a clerk in the office of the United
Copper Company, another Heinze cor
poration, and Sanford Robinson, whose
disbarment has been moved and is now
being considered by the Appellate Di-
vision of the Supreme Court, were in
dicted fHr obstructing justice by getting
books which the grand jury needed in
lis inquiry into the alleged manipuIation
of the Mercantile National Bank by the
copper man out Of the courts jurisdic-
ton
The books were found later. but some
OF therl containing entries essential TO
me inquisition were torn out without
any attempt to conceal the mutilation
Roplnson. who is d lawyer and member or
the hrm of Cary & Robinson, was con-
Nlcted of contempt of court and fined
sZ9V' Which he paid promptly after the
court had recommended that no action
pe taken to disbar him on September
il demurrer TO the Indictment for OH
structng justice was argued before
Judge Hough and sustained by him
Heinze is still under $4,000 bond and
an attempt viii be made 10 continua i,
when the new indictments are returned
These are said to be so tightly drawn
that ii is expected Heinze's counsel will
have difficulty in finding a technical IA ~
iE the mesh through which their client
may escape
He will have distinguished arrav of
counsel and John c. TomIinson, who
successfully fought off the indictment
charging the impeding of Justice viii
probably appear with Heinze's regular
attorneys, Levy, RosenthaI & Heer-
nance. Carlos WarieId. one of Heinze's
officers OF the Ohio Copper COMPANY.
VIII probably also accompany him TO
court. John j. Stanchfeld was the
counsel for Warfeld in the argument be-
lore Judge Hougk last September Will
lam Rand, jr., who is now ex-District
Attorney Jerome's law partner, defended
arthur z. Heinzc and Joseph p. Cotton,
'r, looked after the interests of San
lord Robinson. the lawyer who was con-
flcted Of contempt