Show ANOTHER DELAY IS SECURED I IN AUGUSTUS TRIAL COURT RULES fOR DEFENSE Indictment Quashed Because an Expert Accountant Took Part in the Secret Delibera Deliberations Deliberations in Grand Jury Room f TWO OTHER TRUE BILLS PENDING AGAINST HIM HIMI Opinion of the Court in the Case of the Mining Man Gives Renewed Hope to the Friends of C WI Morse 0 STATEMENT OF ATTORNEY I New York Jan ian decision by I Judge Hough in the United States court today quashing the indictment I against P F Augustus Heinze finan financier I Icier cier and promoter has given renewed I hope to friends and of lope counsel i iCharles I ICharles Charles W Morse the banker now II I serving a term of fifteen years in the I federal prison at Atlanta Ga W Littleton Morses lawyer I Isaid said tonight the decision may ap 13 equally to the case ot of Morse and Jf If he could establish similar facts he would move that no valid Indictment was f nd against his hie client HeInze was In Indicted on October 12 1909 for violation of th the national banking law In quash quashIng Ing Ig th the Indictment JUdge Hough said The common ammon law Jaw Is that a grand jury While deliberating shall listen to wIt nesses who give testimony anti and to no one onese se Except the authorized law officers of thE commonwealth When this In was under consideration In the grard jul jury John P Fernsler took part 11 the proceedings to the of at ask askIng log Ing some technical questions of other expert accountants and throughout sug aug suggested the method ot of examining expert witnesses thought to be allied with the defendant Mr Is an expert accountant nut A nd WWi was b the prosecution n as counsel This ma may be a good system contin continues continues ues the court but It has not been adopt adopted ed d by law It nas never been urged I that counsel Is entitled to have at his hs elbow In a grand jury room an exPert assistant Bearing ot or Morse Case CaseD Mr D Littleton Issued a statement In part as follows It has been brought to my attention t V at tie the method b by which the Indict against Morse were procured In the service before the grand jUl jury 0 01 a nonprofessional official designated by tte government As I un understand it the court has determined that f foe l similar practices an Indictment against Mr Heinze should be quashed If 1 an establish similar facts In the ther r T t U 1 uaL valid Indictment was found against him But whether 1 can establish such fats or not I expect within thirty days i ito to apply to the federal court at Atlanta for a wilt of habeas corpus which will me to present to the court these questions to whether the court was a constitutional court within the meaning of t the constitution It being conceded that one ot of the Jurors was demented at the ume ot of the trial to whether the defendant was afforded a trial by an Impartial jul jury when the jury was overshadowed and ard surrounded by the private paid do de I of at the prosecution Sentence Exceeded Limit to whether or not n a sen tence ot of five years In excess ot of the statu tory term Is a void sentence upon which the defendant can oon be confined There are still two Indictments pend Ing against Heinze one ot of which charges ot of the checks ot of Otto Heinze Co and the other of the funds ot of the Mercantile National bank tor the benefit of Heinze b If According to Attorney who has been assisting the United States distrIct attornEY In the prosecution the quash lug Ing ot of a third Indictment today will merely result in III the delay Incident to ob taming a new under the con Imposed by the court He flo be Levs he has sufficient evidence to do so without the assistance ot or a lay ox ex pert F k I l 3 s t 4 1 I I lf bJ I I t I 1 Ji JiL I L 4 W 4 Jy S 1 F AUGUSTUS HEINZE Whose success in court gives hope to Morse and Walsh bankers who are in prison |