The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-02
COURT DROPS NINE
OF CIRCUIT CHARGES
Indictment Has 80 Counts Re-
naming in the Union
Bank Case.
DEFENCE BEGINS TODAY

When stephen c. Baldwin and Dean
Potter ceased their attacks late yester-
day afternoon on the Indictment
against their client, ex-City Comp
troller Edward NJ. Grout. who Is on
trial In brooklyn for perjury, they had
the satisfaction of knowing that nine
items aRgrcgating between $500, 600 and
$500. 900 had been stricken on SO far
as possible conviction is concerned.
There were forty-eignt In the indict-
ment.
Among these was the Randolph HUI
sart note for $4,000. Ilulsart. a ear
penter. signed the note at the request
of Gilbert Elliott, who represented Ia
vid A.. sullivan. then president of the
Union Bank District Attorney Crop
sey held that Hulsart was financially
irresponsible and that therefore MIR.
circuit committed perjury when he
swore to the note as a good and col
lectible bank asset.
Mr.. Baldwin C~ontended that Elliott,
who IL solvent. had guaranteed the
note. To Mr.. Cropsey's assertion that
IT was a verbal guarantee originally
and therefore Of no value, he pointed
out that the guarantee had actually
been put In writing two days after the
transaction. Mr.. Cropsoy insisted that
this belated act did not affect the lille
gality OF Mr.. CIRCUITS report. lie was
o%verruled by Judge Lewis.
In the matter Of the T.. CASTOR IIig-
ginbotham note for $4,000 Mr., Bald
win was less successful. Judge Lewis
suggested that there could be no uues-
ftnn No IN that To yrIt4l, Ar Iy.IInI,,
replied very earnestly
"But ] think there is. your honor.
Higginbotham was "A Judge and the in
ference Is that all Judges pay their
debts"
The court will take judicial notice
of the fact that they do not" Judge
Lewis retortet1. laughing.
The Items stricken GU all come undo,
the head Of loans and discounts tn,
court holding In each instance that Mr.
Cropsey had failed to prove that tn,
debtors involved were financially ire,
s7,ons!ble and insolvent. Failing this
he also was unable to show that thes,
, respective loans and discounts were &C
I tually worthless. as charged. The,
y were carried in the report as good ant
D collectible.
. None of the items referring to rea
: estate is affected. though Mr.. Potte
: made a long plea for the elimination
4 of all those relating to property hel,
4 by 1--WE dummies and carried in tn
bank report as loans and discounts.
1t was a good days work for I'll
n defence. without putting in a wor
: of evidence they succeeded in havin
the original figures contained in the IN
n dictment reduced by more than one
n fourth and they are confident that II
jury will convict on the technical ques
ton whether real estate is carried /
& n bank report under this or that heat
II these two factors are eliminated
h leaves only about $500. 600 for Nj
e Grout to explain ava when he take
e the stand. and there is no telling no
n much this amount will be reduced b.
g fore the defence closes.
Mr.. Baldwin will open for the de
d fence to-day and expects to finish h
IS case by July l2. The number If wit
d nesses he will call has been MATERIAL
# lessened by the striking GU Of tn
nine items.