Show HEINZE WAS NOT CALLED TO WITNESS STAND BY LA Case Will Go to Jury Today Arguments and Charge of Judge New York May 11 The case of F P Augustus Heinze former president pred president dent of the Mercantile National bank accused by the government t of o mis misapplication misapplication misapplication application of the banks funds and of the checks ecks of Otto Heinze Cos Coos his brothers broth firm will to the rs go jury tomorrow t In w even evening evenin evening ing in The taking of testimony came to a close late today and audI the summing up and the courts charge will wind up the trial tomorrow A big surprise was sprung by b the defense today In resting Its case c e with without without without out calling Heinze to the stand Pros Prosecutor Prosecutor Prosecutor Wise In turn rested his can caie without any an attempt at rebuttal Under the ruling or er judge Housh Ho h confining the charges to the single transaction of a a loan on Octo October October ber her 14 1907 made by the Mercantile bank to Otto Heinze Co the defense defence confined itself to one line of or o attack on the indictment The only testimony offered was Us th t the value of the collateral offered by bf Heinze to secure this loan To prove the stability of ot the United Copper Coppe company com pan whose stock was pledged in Iri insecurity security the secret resources of o the Henzes were made public Witnesses today were questioned along lines de developed developed developed yesterday to prove proe that com corn companies companies controlled by the United Copper company gave gaye it a s substantial footing Emil Klein cashier of ot the Mercantile Mercantile Mercantile tile bank was questioned with a view to relieving Heinze of or a part of the responsibility for the loan It had been previously testified that Charles W IV V Morse had promised to take ake half halt of this loan Joan Klein testified to receiving cheek check checkor or f and from Morse dorse on October 15 16 1 07 in part payment of the loan At the time ho he said there was a deficit against Heinze In the bank hank of or making flaking the Amount ot or orthe the loan after these payments only J JAlbert Albert Frank a 8 former Heinze em was at length by District DI Attorney Wise Ylse who tried in every evel possible way to break down his testimony Mr lr Wise Vise was prompted by b a mining expert and his questions came so fat fas fa that the witness grew gew gre confused and ap apparently apparently p welcomed a respite when I counsel for forthe the defense interrupted wit a objections Frank said he wanted to correct some of nr the testimony he gave ga yesterday esterday saying that ore are he testified as having sold for 20 O cents had never ne r sold old for more moze than 14 cents and a fratt frac frat ton t on This reduced considerably the tho thoe e he had given gien of 1 f the value u If certain lands Chester Glass a 8 director of ot the Unit United mt ed Copper company compan In 1907 and aDd now no president of o the New ew York Coal company was another a for far forthe Gr the defense |