The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-04
FAIL To REVEAL
HE|NzE' s PART
Two Days of Testimony to Unit.
ed Copper Pool Prove
Futile.
CONNECTION OF DEFENDANT
WITH DEAL NOT SHOWN
Court Rebukes Government At
torneys for Taking Up
Time As They Did.

NEW YORK May 5.--After being told
plainly by Judge Hough that he bad failed
in n two days effort TO connect Il. Au-
sustus lIenze with the so-caled pools
in United Copper stock in 1907, United
States District Attorney Wise late today
abandoned his attempt 10 put in the rec
ord OF the ueinzc trial evidence 10 this
effect,
Baked at almost overy turn, either by
the rulings OF the court or By failure OF
his witnesses TO recall the facts sought.
Mr. Wise showed his chagrin as lie gave
up The quizzinG of Max II. Schutzc, Il
member of Otto HeinZe's firm.
Previously Judge uough haG told the
government attorney:
Il have sat for two days listening to
testimony / thought would be connected
with this defendant. but no connection
has been established.
HeinzeS attorneys. showing their pleas
ure, then brought ont by cross -examiua-
ton parts OF Schultze's testimony favor
able 10 the defendant. The witness said
a letter written by Heiuze TO !. S. BaclI,
Dc Co, guaranteeing the firms account
with Otto HcInHe & Co.. and with Schultz
covered transactions In other stocks than
United Copper. The account. he said
was closed prior 10 October II. 1907, the
date OF 100000 loan made by the Mcr-
camille National bank TO Otto Henzc 4
Co.
Mr.. Wise tried hard 10 make SchuItze
admit there was II ''senileman's agree
ment regarding United Copper stock he
tWrecn the HeinZe brothers and himself,
but he failed 70 do so.
District Attorney Wise introduced evil
dence to show that the controlling inter-
ests IN United Copper were the Henzes
He then got Mr. Schultze TO testify that
hundreds OF thousands OF dollars paid In
dividends on the common stock of United
Copper on January 30, 1907. ana April
20, 1907. TO F. Augustus HeinZe and Es
relatives were deposited to the personal
account OF Max SchultEe In the Mercan-
tile National bank
Acted as Clearinghouse.
schultze said he acted as a sort of
clearinghouse or trustee for certain hold
ers of United Copper. but did not know
all the holders OF the stock. He did not
explain TO Mr., Wise's satisfaction how he
know all for whom he was acting.
II want TO prove by this evidence con-
corning the dividends said Mr.. Wise
that the dividend of this company
Omitted 'Copper) was paid cut OF capital
and that every time 1t was paid II tend
ed 10 reduce and lower the value of the
company.
Now, Mr. Schultzu" said MI Wise
were not the personf for the most part
who received these checks not entitled 10
them and turned them over TO YOU
Yes, that is go, said Schullze.
The witness admitted talking 10 r.
Augustus Heinze I'm 1907 a various times.
but only about the condition OF the mar
ket.
Mr., Wise was believed TO he trying 10
lead up TO point which would show
who was in the alleged pool In United
Copper stock In 1907.
Fail in Efforts Made.
Efforts OF the prosecution 10 introduce
evidence showing the alleged connection
OF r.. Augustus HcinZc with the United
Copper company were defeated by this
ruling OF the court that the memoranda
offered were OF too remote date TO affect
the pending case.
Just before the recess Judge Hough
called the lawyers before him and look
ing hard at the government counsel,
said.
81 have sat for two days listening TO
testimony that / thought would be con-
nected with this defendant No such in
tention has been established"
With this Judge Hough turned abrupt
ly and walked out of the court room.