Show q AUSTIN EXONERATED I No Embezzlement Case Mada Out I Against Him When the Austin examination was resumed re-sumed before Commissioner McKay yesterday yes-terday afternoon M E Cummings teller I of the Descret Bank was sworn He testified tes-tified that the 4018 deposit was made to Mr Austins personal account and not as trustee The 1100 received on the Mur 1 phy mortgage were desposited to the trustee account Miss Williams was then crossex I amined by Mr Royle She said she first distrusted Mr Austin on account of the I long delay in the payment of the Bowers note She then requested defendant to put his several personal notes in the form of a mortgage which he promised to do She then made a demand for 5000 and in January came to Salt Lake to investigate I investi-gate affairs She then learned for the first time that the Murphy mortgage had been paid and that 150 had been paid on the Match Factory I Fac-tory mortgage These payments were gage paymen I shown in every statement submitted by Mr Austin She still held 1750 shares of Mammoth stock belonging to Mr Austin Aus-tin Mr Austin had been authorized by her to invest only in mining stocks and real estate She and Mr Austin had been unable to agree on the balance between be-tween them At this point Mr Marshall moved that the defendant be discharged which was argued by Mr Royle at considerable con-siderable length Mr Varian made avery a-very brief reply acknowledging that the case contained none of the elements necessary nec-essary to constitute a case or embezzlement embezzle-ment Whatever differences might exist between Mr Austin and Miss Williams in relation to their business busi-ness affairs they were questions to be determined by civil action He did not think Judge McKay would be justified justi-fied in sending the defendant before the Grand Jury Mr Marshall closed the arguument and Judge McKay then sustained the motion I The public generally and Mr Austins friends in particular are gratified by the outcome of these proceedings although it is what was anticipated It will be seen by the evidence that hardly the shadow of an embezzlement case was made out and it is clearly evident that Messrs Dickson and Varian had not fully investigated in-vestigated the matter when they went into the examination |