The sun., 1910-05-13

WIN the IuAAfNlNN NA NFaN HilNllN# ANH
Heinz was crying in few minutes,
however. she came hack 10 her seat. while
Arthur Heinyp remained outside, TIE
has already been convicted II Oh-tuici
mK ltistiCe IN connect ION with the Cfl.e
and sentence has hsrn -uspsnded upon
him and with u brother he ~ under in-
diCtment for conspiracy
Mr Staachu-id In m, summing up for
Heinze took three hulTS We dweu un
the fact that when tho AjDnUO loan was
made on OCtnlter ~. t.si1 hy the MrrCan-
,ile nank "a otto ll,.inSes firm Vice.
President OBrien had not todd HcinSs
4 was an ovpfluab Hp ai,p SAID that
the evidence Gld uut -huN ihH' hsinye
had intended tn roa tho nJuh tie had
uut un ~ z..ytrits., - Tor every dollar
10 borrowed from % HrinJa. ns said
ahd bullt up lrtrd copper aS q sort 81
representation ~ himself be- s domain
where he wss look-t upon as au I'M
crowned king He Nas 10. greatest cop
Der EXPERT ib the Goi.d aHd jar copper
hing Of the Me,t ms Hammond wa- thu
gold king
-Whereyer he goes sad Mr. ~.aUCh-
field, he carries mage vand winch
turns into copner ev~rythu. he fnu' hss
He made mistakes and A. auiu,t o.. kilt
the men Of an American JUl ought TO
be the last % hold a man EiuuN Tt mis-
takes without any evil ini"Ut The lest
asset the uif"u Copper Company ever
had or ever viii have u this same d--
fendant nov bafoy' v1u. for whom ! ask
you 90 return a verdict
Mr. Wise dwelt at l"ugth on the answers
OF the GOverumer' witnvr~s.s who had
been assoCiatss OF Hpibye ant SAID that
u had lsan -three weeks oi fOrg'ttul-
ness MsapphCaiion of the bark =
funds. he said, was the principal crime
charged The CsrtiiiCation. he said,
was the first step iu the taking Of the
money II was the prying open Of the
WINDOW; the other was The carrying away
OF the Jewels
-Hein1e's note 20 the Mercantile Tor tho
fOO10O loan Is still unpaid The hank
h still without the money. although tins
marvellous Monte Ori-to huS shown W.
hoTe millions of assets
The evidence, Mr. Mis-. insisted. showed
that Heinzs had seen in "A hunCo game
from January 10 August ~ 1877 To keep
up the -himham game" IN United CJppcT
dividends had 10 he paid -Ihsrks went
around their circuit In two minutes. he
eaid. referring to IN" way % was done
They broke every record for every trOl-
ting horsa that was ever ON circuit
IL = 4 heinEe had rot had n vital
interest in all this. went nn Mr Wise.
~ he had been acting Tor the bank. he
would have said let Jnited Copper 10.
but the bsnk shall not be touched Rut he
was in the gamble He betrayed his
trust and devastated thu estate of the
Mercantile Bank on that dav IN hayard-
Ous transaction Tor HE ~ "a private gain
Judge HOugh'- charge Ia the jury took
nearly two hours The judge said that
the occurrences oi Ociober ~ did not
themselves evidence a crime and that u
Tie Jury lid not infer from the events
prior tO that day that b. was Heinzes
intent In what he did wiifully to defrald
the hank they must ac4uit him lie took
up the charge thai un October u checks
r Tor more than NS0 uDo OI OttO Heinze A
Go. had been overCertiserl and the money
misappled. and said.
II there were nothing before YOU
but the statements 10 which ! have thus
far adveTied | should advise yOu that no
proof had been offered warranting a find
ing Of the commission Of either crime
charged M the Indictment This IN
arruCti0n ! would give because although
you might hs ot opinion that the CertifCa-
tons we're unau iul beoause made when.
a. YOU belsve. Oto Hrinzs a TO had
neither sufficient money On deposit nor
q regular entry pf the proper amounts
20 their credit there b. nothing in a view
Of the occurrences a. tte Mercantile
National Rank on October No. 1917. 20 show
that the Cartifcafionz we're wilfIl that H.
done with now edge and a purpose to
do wrong. or that the Application ~ the
amounts paid on the checks Was With
intent 20 iriuTs and defraud the hank.
even IN respect of the particular trans
acton or series ~ transactions
You NAV therefore lake " a. an
instruction by the Court on a matter of
the Law that although from c1nsidera-
ton only of the occurrences AZ the hank
on October ~ 1897 az related bv the
witnesses here. together with the c0ndi-
ton of the banks hooks on that day
YOU NAV be OF the opinion that there was
negligent. unskilful and even dangerous
banking, and although yoY NAV be ~ the
opinion that illegal c-rtiications were
made. that evidence alone h not sufficient
% warrant a conviction upon any ~ the
counts Of the lndiCtmeui and therefore
thesa occurTence- and that evidence may
be regarded a. ~ cUur-s important when
taken IN conjunction w,h NJ. other
evidence hut standing by themselves
indifferent or az most not proof Uf guilt
N IN your opinion the facts which I hav.
referred 10 a. Indifferent did take place
on the afternoon 0f October ~. iIG. What
had occurred prior 10 that date. shown
by the evidence herein aud 90 b.. consid-
erred with care IN understanding inter
the events of that davt-
The Court reyieNsd the financial his
tory Of the firm of Otto Heinz. A co and
~ members and th. history and cundi-
tiOn IT the United Copper COMPANY
The physical condition ~ it, properties
IN 1901 or az anv 1thsr time he said. ~
was for the jury 10 pazs upon The de-
fence had contended that this was not
material
But. aid the Court. the defendant
during all the time hs was presidant OF
the bank a. president u the United Con
per Company What he did a. president
Of the copper company he could not for
get a. president Of the bank
Judge HOuRh then summarized the
opposing conten;ions In the case. aud
concluded:
If you believe the entire contention
Of the Government find the DESCENDANT
guilty: II you believe the entire conten-
tion of the defence find him not guilty
There u a middle course: YOU NAV be-
of opinion that though the check certifca-
tiOns Were Illegal they were not WilfulIv
committed Yet remain Of opinion that
the main fact n parting Niih the bank =
money by means oi illegal but not cTimi-
nal Overcsrtihcations was done with
intent tO tnlure and defraud the bank
and IN that condition of opinion you NAV
lawfully find him not guilty on the fifteen
OverceTtifcation counts and guilty on
the fifteen misapplicatOn coInts