The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-19
DOCTORS TELL COURT
HEINZE Is VERY I'LL
Following Bedside Examina-
ton. $4,000 Judgment
May Be Reopened.
JUDGE SENDS PHYSICIANS
Report Will Say Capitalists
Condition Has Been Serious
for Month.

-Four physicians made visit yesterday
afternoon to the bedside of Fritz Au-
eustus Heinze In his home at 1 West
Thirtleth street. and as the result Of their
examination of the sick man Supreme
Court Justice ErlanRer on whose sug-
Cestion the examination was made. Is ex-
pected to reopen n judgment for s275.0o0
taken against Henze by default on June
2 last by william Nelson Cromwell.
While Drs. L. Coleman Kemp. Il. Il.
Smith. Rufus y. Hubbard and George A.
Macdonald made the medical examination
Mr.. Helnze's attorney. Jacob J. Schwebel
his special counsel, William Travers
Jerome. and Alton u. Parker counsel for
Mr.. Cromwell. sat In an outer room and
awaited the outcome. Justice Erlanger
had announced earlier In the day that he
would accompany the lawyers and ply
sicians. but decided later that the ply
sicians' report. which will be submitted
Monday, will be sufficient. The report
will say that Mr.. Heinze's condition has
been such for n month that IL would have
been impossible for him to appear In
court
The visit to Mr.. ITeinze's bedside was
the result OF "A motion made by Mr. jerome
in behalf OF Mr.. Heinze before Justice
Erlanger yesterday morning In which he
said that through the inadverteuce OF a
clerk In the office of Mr.. Henzes attor-
ney Justice Newburger. before whom the
Cromwell suit came on for trial. was not
informed that the defendant lay seriously
Ill at his home and for that reason was
entitled to an adjournment
Mr.. Cromwelfs suit is one OF a series
in which Edwin Gould and Richard Young
also are plaintiffs TO recover for notes
given by Mr.. Heinze on the purchase OF
control OF the Mercantile national Bank
from the Gould interests in 1907. Fol
lowing the panic Of 1907, when Mr.
Heinze relinquished control of the bank
h refused to pay the notes on the ground
that he had been deceived as to the value
OF the bank stock. Mr. Cromwelrs suit
was the first of the series aggregating
claims OF sl.50O.0O to he tried.
In arguing yesterday to have the judy
ment set aside and the case put over for
trial Mr. jerome said:
81 have an affidavit from DIR. r. Cole
man Kemp, the eminent specialist. to the
effect that Mr.. Heinze is seriously III with
liver and stomach troubles and is subject
70 hemorrhages. II would be exceed
ingly dangerous for him to come TO court
at the present time or even to subject him
to an examination at his own home. We
ask that the default may be opened that
my client may have an opportunity to de-
fend himself against this conspiracy or
the part OF Edwin Gould and Charles W
Morse to defraud him.
Judge Parker objected to having the
Judgment set aside and declared that Mr.
Heinze had permitted the case TO go BY
default because no had no meritoriou.
defence.
Mr.. jerome then jumped up. and turn.
ing TO Judge Parker said
But ] tell you. Judge. Mr.. Hcinze l,
really sick man. He may never agar
be able to get out. ] don't think 1t RICH
TO take advantage of "A dying man. Hav'
heart, Judge: have a heart"
Then II was agreed that IL Justice Err
LANCER would have an official repor
made as to Mr. HeinZe's condition judge
Parker would consent to IL.