The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-13
Governments Prosecution
Fails on Charge Of viO|at-
=. ing Banking Laws
EXCITING SCENE OCCURS
WHEN VERDICT is GIVEN
the Same Kind of Case But Heinzc
Is Free After a Trial of
Three Weeks

New York, May 12.-F. Augustus Heinze
was acquitted in New York tonight of
unisapplying the funds of the Mercantile
4 National bank while he was president of
the institution in 1907; and he was cleaged
of the charge of overcertlhcation of
checks of his brothers firm, Otto Heinze
e. Co. jury in the criminal branch of
the United States circuit court, after a
trial lasting nearly three weeks, found
him not guilty, at $50 O'Clock tonight,
and he was discharged
Thus failed ingloriously the federal gov
ernments attempt to hold Heinze respon-
sible for financing during the panic of
three years ago alleged to be in violation
of the national banking laws. Charles
w. Morse got Is years for bank wreck
ing" but Heinzes transactions were
held legal notwithstanding the prosecu-
tion's vigorous attempt to prove him
gambler with millions not his own.
John b. Stanchfield defended the young
millionaire; Henry A. Wise, United States
attorney for the district, sought to con-
vict him. Mr.. Stanchfield summed up for
the defense this morning, and Mr. Wise
denounced the defendant for three hours
and thirty-five minutes this afternoon
Heinze issued this statement tonight aft
er his acauittal:
1 II am naturally pleased with the YER
l Dict but not at all surprised. The thing
| ] most regret is the long delay in bring
ing the case to trial. l have been ready
y for trial every day since the first indiet-
nYlH
ago. This delay has cost n between
/ 5000 ono and s5.OOO.oo0 Possibly some
4 persons who were very anxious to see
4 me acquitted will be as we'll satisfied
- With this as though ] had been found
guilty; for the ruination of my credit
1 seems to have been one of the objects
l most vigorously aimed at.
"However as has been brought out IN
| the evidence, still have some of the best
| copper properties in the world. and
4 now intend to devote my whole attention
20 them which have not been able TO
/ do for two and half years. / appre-
! ciate the loyalty of my friends VINO nave
1 stuck to me through it all, and regret
exceedingly the temporary loss Whlch
they have suffered in the depreciation IN
4 the price of the securities IN which
4 have been interested.
Not Spectacular Trial
The Heinze trial was not spectacular.
4 There ws too much technical testimony
| for the lay minds; too intricate hnahciai
1 transactions which were cryptic and al
l ,,ost imnossible to follow. Heinze HIM
.elf did not go on the stand, but was
| content to watch his lawyers as they on-
liberated count after count in the lndict-
h vnents until the charges narrowed uoWn
4o the transactions of October a. 1871,
1 involving a loan of $5O0,0Oo and this loan'
his attorneys convinced the jury, was
amply secured.
] Hefendant called Mr.. Wise liar In
\ court this afternoon. thereby furnishing
the only real spectacular incident OF
the trial For his remark he was
promptly elected from the court room,
his tense white face showing his anger
and emotion. His wife, who also mao
been an interested auditor. followed
him.
In his tongue-lashing of Heinze, dur
ing the summing up this afternoon,
Mr.. Wise said:
"This case is no different from an
pther crime of stealing Boiled down
TO the finest analysis 1t is nothing but
n simple charge that this man on q
certain day and a certain hour stole
the moneys of the Mercantile National
bank"
Mr.. Wise compared the crime the
defendant was charged with to a hypo-
hetical case of burglary where the
,urglar had pried open the window
effect an entrance to the house.
Wise's View of Verdict
cit is as though / charged man
ith stealing money from my bureau
nwer and it was proved 1t was taken
fom the washstand," he said. ''The cer-
ifcation of the checks was the pry-
AZ open Of the window; the payment
h them was the theft.
F"Do you think that If it was tech
nical charge of over r-certification the
Government would spend money to
prosecute this man? No, it is because
fhe bank was looted O. that money
that was borrowed that day-and $780,
100 is still owed it, despite the mag
Hiflcent array Of collateral of which
4 we have heard so much"
When the jury filed in at 9:3S and
announced that a verdict had been
agreed upon, the court room was so
quiet that pin could have been heard
TO drop Heinze looked hard at each
Juror as he took his seat, but that
I was all. He showed no trace of ner-
vousness
When Foreman Lavell of the jury
announced, I'VE find the defendant not
guilty" his voice rose to hysterical
point Instantly the court room was
III an upTOdT. IL WAS CloWdcu "itH
the defendants friends who shrieked
exultantly and gave loud hurrahs Of
Joy. Marshals banged on the benches
and finally restored order, while the
5urymen filed out of court. AS each
Juror left his seat HeinZe shook his
hand warmly. Men and women pressed
eagerly forward and surrounded Heinze
and sweeping through the rallied en-
closure. embraced him. During hi
disorder Judge Hough quietly left the
bench.
Heinze by this time was laughing
hysterically as he received the kisses
Of his women relatives and the congrat-
ulations and back k-slapping of the men.
Out into the corridor he was pusr eu,
Y where the scene of enthusiasm and dis
yorder was repeated
Closely surrounded he was almost
carried down the stairway to the street
where the crowd gave final cheer Of
victory.