Show CASE GASE MAN MANIS MANIS IS ABOUT ABDUl ENDED F P Augustus Heinze SHad Had Only the Events of One Day to Ex Explain Explain Explain plain Away When His Law Lawyers Lawyers Lawyers Took His Side of Case OUTCOME HINGES ON THE LOANS MADE TO BROTHER Judge Refused to Instruct the Hie Jury to Acquit and After Statement of Counsel Wit Witnesses Witnesses Witnesses nesses Were Put on Stand NO NEW EW FACTS ELICITED 1 1 TEn YORK May Iny Augustus 1 1 I former president lre dent of the Mercantile National bunk bank had bad only the events event of o one olle day October 14 lOOT I I Ito to account for when hen his bin counsel to iu today today day took look up Ills his defense e on OD the govern charges 4 of atlon of cor f checks and nd misapplication of the bank funds fund AH AU the th other oilier uel counts count In the Heinze indictments have II Te been becu thrown Tin out from front time to time unto by bj the tile court The Thc last Int n t except those thoe catering the happenings happening of October 14 were dismissed by Judge Hough In the tle United States State circuit court after the government had failed to connect Heinze with the operations operation of the United Copper pool 1001 managed by his hix brothers brother firm Otto fc t To p o pIn oIn In the flue Interest of which the prosecution alleged had misapplied the bunks cash caRh anti aud credit The trial has now narrowed to the charge that Heinze over oer certified led fled 15 checks check of his brothers firm aggregating and misapplied the funds of the Mercantile National bank to that extent An effort by b the defense to clean cleanthe cleanthe cleanthe the slate Jn In n case came f t naught early In session Judge Hough denied a motion that the jun jur jurbe be directed to acquit Heinze on the third remaining count in the indict indictment indictment Indictment ment the defense urging that the tIce firm of Otto Imn Cor Co was entitled to credit cr by df the e loan Joan Heinze had taken out and signed over to it at atthe atthe atthe the time the alleged took place and also that there was no evidence to show that Heinze directed or authorized the certification Judge Hough HouSh likewise denied a mo ma motion motion tion that the eV dence concerning stok sales by bJ the United Copper company be stricken from the record Heinze Praised by Counsel Mr Tomlinson In his opening ad address address address dress declared that Heinze would ha have e I been a rich man today toda and the United Copper company compan a wealthy corporation but for the indictments which have hae hung over oer Heimes head He traced career In the west He went there without a cent of capital and he dug thug out of oC I the ground said Mr Ir Tomlinson What did he do with It He lie gave it to the stockholders He went to Mon Montana Montana tana where there is no stock exchange t gambling He lie Is loved by b many for forthe forthe the enemies he lie h has made There are numbers ready read to follow him because of his enemies The attorney said he did not believe the jury proposed to punish Heinze fr fir his kindness and generosity In loaning money to his brothers who ho were rated rate as men with millions behind them He was not charged with mismanagement of the United Copper company and tl R idea ideL that he llE would have sought to r rb Nb b the bank banI in which he held he d noo worth In stock was w was s ridiculed by tie tiie t e elawyer lawyer Witnesses for Defense The defense called witnesses to of off offset set the governments testimony con concerning concerning concerning the charges and to show that Heinze had no Inter inte Interest Interest est In the United Copper stock trans traits transactions transactions actions of his brothers firm Practically the whole day was de ile devoted devoted voted to an inquiry into the value o f properties cited as assets of the United Copper company |