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Show Supreme' Court Says There Was Error in His Favor Washington, Doc. 5. The supremo court of the United States today held that the federal court of New York had erred in dismissing certain counts of Indictments against F. Augustus Au-gustus He luxe, charging misapplication misapplica-tion of funds of the Mercantile National Na-tional bank of Now York. Further proceedings must now be had in the lower court. elnzo was indicted, first in 1909, as president of the Mercantile National bank, Now York City, on a charge of intent to defraud the bank by causing the bank to discount improperly single-name commercial paper amounting to about $1.00,000. The circuit court of tho United States for the second district of New York, iu which the indictment was brought, held that the Indictment was defective. The next year, 1010, Heinze again was indicted on practically tho same charges but this time it was alleged that the purpose- of the alleged "misapplication" "mis-application" was to inflate the stock of the United Copper company. Again the indictment was found to be faulty. From both holdings the government govern-ment appealed to the supreme court of the United Stales In accordance' with the act of congress allowing tho government an appeal in certain crim Inal cases where the decision on points of law had bi-en adverse to it. Tho supreme court today hold that the lower court had erred in both cases. |