The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-04
Has Been Patiently Waiting
for District Attorney to Con-
meet F. Augustus Heinze
With United Copper Pools.
DEFENDANT FAVORED
BY THE COURTS RULINGS
Case Against the Mining Man
Likely to Fall Flat Unless the
Government Has More Evil
denCe Up Its Sleeve.
PROSECUTION UP A STUMP

y IEW YORK, May 3.-After being
N told plainly by Judge HOugh thnt
ne had failed in n two-days' effort
to connect +. Augustus Heinze with the
sO-caIIed pools i'm I nited Copper stock
In 1907, United States District Attorney
Wise, late today, abandoned his at
tempt to put I'm the record of the
Heinze trial evidence TO this effect.
Baked at almost every turn, either
by the rulings of the court by fall
ure of his witnesses 10 recall the facts
sought, Mr.. Wise showed his chagrin
he gave up the quizzing of Max III.
SchuItze, a member of Otto HeIn1e'S
firm.
Previously Judge Hough had told the
government attorney:
L have sat for two lays listening to
testimony L thought would be con-
nected with this defendant, hut no con-
nectiOn has been established
Heinze's attorneys, showing their
pleasure. then brought out by cross
examination of Schultze' testimony
favorable TO the defendant. The wit
ness said a letter written by HeinZe TO
j. 5. Bache & company, guaranteeing
the firms account with Otto Heinze &
company, and with Schultze, covered
transactions in other stocks than
United Copper. The account, he said,
was closed prior to October II, 1907,
the date of a S709, 600 loan made by
the Mercantile National bank to Otto
HeinZe q company.
Mr.. Wise tried hard to make SchultZe
admit there was a ''gentleman's agree
ment" regarding United Copper stock,
between the Heinze brothers and him
self, but he failed to do so.
Was Market Manager.
Schultze testified ne was known As
the market manager for otto Hein2e
and company. He had received dividend
payments on United Copper stock from
Arthur p. Heinze and Otto Heinze in
1907, he testified, but few, if any, pay
| ments from F. Augustus Heinze-
District Attorney Wise introduced
evidence to show that the controlling
! interests in United Copper were the
Heinze's. He then got Mr. Schultze 10
testify that hundreds of thousands of
dollars paid in dividends on the COM
mon stock of United Copper on JanU-
airy so. 1907. and April %, 1907, - F.
Augustus Heinze and his relatives
were deposited TO the personal account
of Max Schultze in the Mercantile Ma
tional bank.
SchuItze said he acted as a sort of
clearing house or trustee [or certain
| holders of United Copper. but did not
know all the holders Of The stock. He
did not explain to Mr.. NTise's satisfac-
ton how he discharged shis trusteeshlp
if he did not know all rOr whom ne
was acting.
What Wise Wanted To Prove.
ct want to prove by this evidence
concerning the dividends" said Mr..
I
pany Omitted Copper, was paid out of
capital and that every time ii was paid
it tended to reduce and lower The value
of the company.
"7low. Mr.. SchuItze." sail Mr.. Wise.
"were not the persons for the most
part who received these checks not en-
titled TO them and turned them over
to your
Eyes. that is So" said Schultze.
The witness admitted talking TO T.
Augustus Heinze in 1907 at various
times, but only about the condition of
the market
Mr. Wise was believed to be trying
to lead up to a point which would show
who was in the alleged pool in United
Copper stock in 1907
Efforts of the prosecution to intro
duce evidence showing the alleged con-
nection of T. Augustus Heinze with the
United Copper company were defeated
by the 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,
looking hard at the government coun-
sci, said:
al have sat for two days listening TO
testimony that thought would be con-
nected with this defendant. No such
intention has been established"
With this Judge Hough turned
abruptly and walked out of the court
room