Show CARTER AND HO HIS BULLION BUL 1108 mining ining IVI manager charged with stealing gold HE ADMITTED HIS GUILT but now how says saya a nan man named woods gave him some very rich eich ore to gave ba 38 milled police officers testify as to carters admissions mr coffin coan arraigned sim duggins indicted the trial of 0 charles carter charged with stealing gold bold bullion to the amount of 1700 from the calne caine springs consolidated gold cold I 1 vining mining company on august ZT isaf was commenced yesterday morning before judge bartell bartch colonel M U E post ot of the calne caine springs company testified tes tined that after the arrest of carter on oil september fth the latter sent for him and that they met on state street carter having been brought from jail lor for the interview during the conversation said colonel post carter confessed that lie had been stealing the bullion for some time availing himself of opportunities afforded him as superintendent and assayer of the company on cross croie examination colonel post stated that carter was considerably under the alia influence of liquor when he confessed harry 11 hynds who was next called stated that carter brought him two balls of bullion one about as large as a beer bung said the witness and asked him to send them to the san francisco mint which he did and that the mint remitted the amount coined to the McCOrn lell bank carter carler had borrowed 90 from hynds and gave him charge of the bullion transaction lit in onier to secure the hie debt detective sheets ws was ne next t put on the stand judge powers for the defense objected to the giving of 0 testimony by the witness on off the aroun ground d that as he ir was in contempt of court he was disqualified the court overruled the objection jec tion the witness testified that when he find and captain donovan arrested carter the latter i w anted to Is fix it up so that he would n not be compelled to go to jail and offered the officers to secure his freedom the proposition being rejected C carler ar ter then 0 offered afe red t to 0 furnish a diagram of a spot in tooele thoele county where the officers could obtain under a rock the diagram referred to was later gaver to chief pratt the chief followed his prison comrade as a witness he testified that carter confessed to him that lie he had bad stolen bullion and amalgam from the company at different times limes to the amount of TOOD or when the chief was asked w what bat he had done with the diagram he replied that he had bad left it in the grand jury room with the prosecuting attorney when he f tilled in the case before the lury jury with wi th whom did you I 1 leave ave it the public prosecutor or the assistant district attorney asked judge powers 1 1 facetiously with an assistant dt district strict attorney the chief answered colonel post was recal recalled bd and stated that he was paid the proceeds of the coinage of the bullion by co and that the surn sum was placed to the credit of the coir corr pany W S mccornick testified tes tined that his bank received a coinage certificate from the mint for the amount coined from the bullion shipped by mr hynds chief pratt recalled stated that carter when he be made his confession was in such stich a state of nervous collapse that lie he called in a physician the prosecution then rested judge powers moved that the jury be instructed ted to return a verdict of not guilty on the ground that there was no proof that any bullion had been stolen from the company and that as the indictment alleged the offense to have been committed in salt lake county arid and the testimony was to the effect that the bullion had been taken in tooele thoele county there was a fatal variance the motion was denied by the court FOU FOR THE john sands fred E mcgurran McGurr ln sol kemball and john bechtol testified tes tined for the defense that carter was in a state of intoxication bordering on delirium tor for days before his arrest dr T B beatty stated that he be attended carter at tile the pollee police station and that the prisoner was suffering severely from the effects of alcohol A deposition by moreton frewen of london england was r read ead in which mr frewen stated that carter had been employed by him on a a cattle ranch in Wy wyoming orning and that was reputed to be an honest man the defendant then took the tha stand in his own behalf behal f ile he testified that the bullion he gaie gae to harry hynds was hs his share of the yield of ore brought to him by a roan man named thomas woods for smelting smelling sm elting ile he said that woods foods came to him first with two sacks of ore from the osceola district to be assayed and smelted smelter and that it ran nearly to the ton the stranger returned in two weeks with five sacks of ore and a 21 third time with six the last sacks yielded M 2300 00 woods then told him that the streak lie he had alc discovered red had been worked out rind and that lie he was going to leave the country woods to disclose where the th ore had been obtained as he said he did not want carter to waste money in useless development develop men ha H gave carter one third of me alie product of the ore as his compensation carter testified further that after woods had gone away lie he made inquiries concerning him lit in thi tha osceola district and learned that the man was waa not known there lie he became suspicious that the ore had not been honestly obtained and he burled buried his r share hare of the bullion and kept it hidden until he it 11 to this city and delivered it to hynds hynda the witness stated that he made propositions to captain donovin and detective sheets because they had in the offer by telling telline him they were not hore for or their health ills recollection was confused as s to his conver tationa with chief pratt and colonel post lie ile sald said he had been drinking so no hard previously that lie he had contemplated suicide and that he had bad caused hla revolver to be locked up in a safe aadi for tear fear that he be might take ills his own in life on cros examination carter said that he be had confessed to a theft of the bullion because he desired to be looked locked up so that he could not get et lany any more liquor ile he denied that he had attempted to procure ball ile he did not remember going to commissioner aralts office to furnish a ball bond lie he was nus examined closely as to his big transaction with woods but held closely to hla his story his examination was not concluded when court adjourned powers and morris sommer are defending def endine catter carter and judge jiow how at ind and W C hall are prosecuting him given a three year term jerret joejr as brooks who was wan convicted 0 of burglary on monday was waa yesterday sentenced to a term of three y yar ar in the penitentiary by judge judg bartell bartch the prisoner who Is a yount young min man was a given give n a salutary sal alary lecture by the C court 0 1 1 r t before the sentence was wa pronounced c e d the tha crime for billich brooks was convicted was committed at the residence resit of 0 harry ci Nals bitt t in juno june last harry lawson who confessed conte saed that lie he participated in tho the crime Is now serving inga a term of tayo years in the Pe penitentiary niter a DONOVAN MEETS resistance A troop of lawyers retained by the elopers Elo pers dispatches from captain donovan who reached el ei pavo 0 yesterday day morning mornine with a requisition for charles valentine find and mrs sadie M V ey t indicate n die a t e a d determined e t er mined effort on the p part art 0 of f the b c f u gl tl v e a mid and a troop of 0 lawyers that the struggle tor for the ill gotten thousands has rallied to baffle him if 1 possible the first message to chief pratt informed him that tho the twain had provided themselves with legal talent galore and that he the captain had nt at once invoked the ald aid ot of the best counsel at hand thus equipped the P principals aln had entered court A later mes age to judge powers indicated that the elopers had score scored d the first knockdown the court holding that there was a defect lit the certificate accompanying the requisition and directing that immediate steps be taken to correct it this was done a new n e W warrant was issued at head headquarters headquarter quarte rs the opinion prevails that the fugitives and the spoils men have joined to repulse tho the captain it if the moneys of 0 which the former were relieved can accomplish com it EE HAILS HAIES FROM BUTTE mike dolans bolans missing money found at his eis hotel the unknown mim man who was removed to police headquarters by patrolman burbidge during monday night with an ugly cut upon his forehead that was subsequently dressed liy by dr dalby turned out upon invests investigation gation yesterday to be mike dolan of butte M mont ont lie he had been liberated and was vas about to leave headquarters when commis Com stoner empey who was then in th the saddle as acting chief of police by a series of question learned that the night before lie he had bad arrived with when landed at police headquarters this had been reduced to 17 commissioner cc M empey decided to do a little sleuthing sleuth ins and detailing patrolman roberts no berts that officer returned with information that the balance 0 of f the money meney had been taken care are of at the voyagers hotel this having been done the prisoner was released KESSLEE ARRAIGNED says he ha Is as innocent as a baby two weeks old doctor danial kessler was arraigned yesterday morning before judge bartch on an indictment charging him with murder in the first degree tor for the killing of private nelberg all kessler appeared in court with a st sill ik hat a little the worse tor for wear and carrying a bundle tied up in a red bandana handkerchief when called up before the bench and asked to plead kessler responded my plea Is that I 1 I 1 am an innocent man as innocent as a baby two weeks old the nearest I 1 was to them the the court interrupted the prisoner and asked him it if lie he had counsel kessler kesser er replied that J D walter was his attorney a tt orney what Is your plea demanded the court 1 I am not guilty replied the tha accused cu q ed kessler who had been in the custody ot of the police since his big arrest was then placed in charge of Mair marshal shat brig brie hamand ham and taken to the penitentiary last evening even lne INDICTED FOR FOB RAPE the charge of incest against walter walker dropped the indictment tor for incest committed with Ms his daughter pearl a girl of 11 12 found against walter walker was dismissed yesterday on motion of 0 the prosecuting attorney Y it having been decided to proceed against ag adlist the defendant on a charge ot of rape instead the grand jury presented an indictment for rape committed upon pearl walker on december 23 1893 and the accused father was arraigned and entered a plea of not guilty it la Is expected that walkers trial on the new charge will occur today to day E C COMM COI FIM ARRAIGNED saturday next named for enteria En entering terin w his plea E C collin coffin whose indictment by the frajnd jury on thee barge ge ot of maki making D Z false alse entries on the books ot of the E C coffin hardware company nas announced it yesterdays tribune was arraigned before judge barton bartch yesterday through his attorney frank B 13 stephens he waived the reading of the indictments and was given time until next saturday in which to plead the thiede bill of exceptions judge cherry was yesterday granted an extension ot of time until december to move for a new in the case ot of charles thiede convicted ot of wife murder so BO as to enable him to serve a copy of the bill of exceptions on the prosecution ten days in advance of tho the heating healing on the motion the service of the exceptions was made yesterday walte waite indicted among the indictments presented by the grand jury on monday was one against frederick erick garfield walte waite the a attorney tt orney for obtaining money under false pretenses walte waite has left the territory ito but a warrant has been issued for his arrest and an effort will be made t to 0 bring him back for trial sim duggan indicted sim duggin of provo has been indicted by the grand jury of 0 the third district court for adultery alleged to have been committed in this city dug due sin gln was arrested at provo yesterday and will be brought to this city for foru ax ment |