Show HEINZE ASKS CHARGES BE THROWN OUT NEW YORK May 2 Efforts Efforts to h have havethe c the o charges against J. J F. F Augustus U thrown out of court was n today im by 11 his lill counsel before hlll t i in time the United States State circuit cir cir- uit court where here the thc trial of tho limo Montana Mon taint tana copper ln man inan n nn n and 1 former banker hankel on char charges cli of misapplication of tho the funds of the National bau bank while lio ho was president jn and of lion tion of checks has been in progress for a week pk Heinze's conns counsel contended that the government had hall not shown Jl unlawful o in ill any anT in instance Former For For- mer Judge Fudge c William J J. Wallace who opened tho timo argument for Hoin c said faid the thc statute mud did not provide pro for or unintentional violation of the law and that no wilful act net or crim criminal intents hail had been shown hown Assistant United States District Attorney At torney Frankfurter in reply n said tl that the tho t government nt had hul not yet ct finished its caso raso and said ho lie would agree with the defense that the tho evidence thus far nr r TIre pro rc sent cd did dimi not constitute a ermine crime This declaration apparently surprised rJ the tho defense de Ic- Ic a as it had hul pre presumed umed that all the evidence on the time o counts hail been heen put in imi by tn- Friday noon I Judge Julle ruled that no c evidence could be lie i cn bv by tho the government o re- re Sardine tf United Copper pools unless s it ithe ithe he be shown that Heinze was W actually connected con eon with them an and further that t no testimony re regarding nn any pools would be allowed unless rub subsequent to May Ia and Tune June 1907 Tho The prosecution which began on Friday Fri Fri- day du duto to give f c evidence ct of time the copper pools in in 1005 1905 had hind endeavored ored to connect Heinze's Heinzs alleged nets acts with an au effort cOort to promote a pool in United Copper stock |