Show I f f fUl Ul UTAH AH BANK CASE 1 J f WILt BE PUSHED j r rJ f rv President Declares A W Nel Nelson p r son Must Stand Trial fork for His Alleged Offense S f GRAND JURORS RESENT I OUTCOME OF INQUIRY j f BOOTH SAID TO HAVE E GIVEN AS ASSURANCE ASSURANCE S OF FEDERAL JURISDICTION j I IThe M i l 1 1 The action of oC the department of r Jus s i t j tice of the United States in declaring i I that the tle federal court had I no Jurisdiction tion Jn in the case cae against A William L I Nelson former cashier of ot the Jordan Jord t I State bank banle of Bingham Junction who ho Is Js charged with the theft of or from in the tile Utah rUth National bank caused caused a stir among members of the grand jury i which brought In the Indictment There TIl r i I was vas some tendency t to criticise theT s course pursued by b District Attorney IL E Booth in taking up so 50 much time and t money money in the Investigation lon of the ca case cac e by b the federal fed ral grand jury jur without being I assured that the federal court had Ju Jurisdiction jurisdiction in the matter It Yesterday Mr 11 Booth was unable to toM j say M when the matter will come coine before the court for a ruling on the I t tion but in view V 1 of or the fact that department of or Justice has declared that the court has no Jurisdiction Mr Ir Booth will vill ask that the ca ease e be dismissed Whether or not the will l be dismissed case call e dis dismissed I missed is I of course COUlse subject to the rul rut ruling ruling ing of or Judge John A 4 Marshall of the t r federal court who the grand jury jUr and before whom the case will c come II i In case against Nelson elson Ii Is dismissed It will menn mean that a largo large portion of ot the work of the federal grand I Jury jUr and the Investigators of or the CASH exee cu will have been for tor naught nau ht Much uch of the tha evidence adduced at the Ule hearing before the grand jury will however be avail available i able for the Information of the prose prosecuting prosecuting J attorneys in case the matter comes up before the state courts for lor I prosecution I i Grand Jurors Statement There The e Is some feeling on the part of 1 the grand Jurors who made such an ex exhaustive exhaustive Investigation In of the ca case cae e that t h 1 i the opinion of the tIle department de of or c f discredits discredit their work ork in this case It f way stated d t E EWt WL l I 4 r member of or the firm of Ware j f fa J za tn a that the question of Jurisdiction was 4 discussed at the time of the grand jury 1 f I j f i if ir Investigation and that Mr r Booth gavi aYr it as his opinion that the federal court had jurisdiction I j ti 4 11 Booth Changed His Mind I Ij There was souls some doubt in my m mind j said Mr 11 Ware are and in the minds of or I i f several of or the Jurors as to the courts r I jurisdiction in the case and this ques question question L tion was discussed very often otten As A It Itac was ac a question of or law we ve were willing willingto J to take the opinion of Mr Ir Booth in the j ir I matter He gave it as his opinion i 4 f which he h said was well supported that the case cale was one for Cor the federal courts i I i That opinion he seems now to havo have changed j I Did Mr Ir Booth have a ruling rulin on the case from the department of justice at that time timo I 1 am not sure whether or not he said saM 1 that he had received any an opinion from ff Washington on the matter He said j however that he bad had taken up up the r t question and that the federal court had hall j I I jurisdiction in the th case f The question of the Ule jurisdiction of or the I court depends upon whether or not mit Nel Nelson Nelson J i ison son was an agent of the bank Under Ulder 1 I Ithe j C the federal law a director teller or 1 agent of oe a national bank may ma be prose prosecuted pro prosecuted t cute in the federal courts for thefts then i from the bank If an outsider steals steal II money mon from the national bank he must i ib IIA be b prosecuted for the theft in State I t j courts co r rel The contention of lr the prosecution of tor r el on was that on certain of his visits v f 1 to the Utah National bank he went Into I Ithe the vaults of the bank opened the re reserve resene reserve serve sene chest hest and took tool sums of or money muney i amounting in all to These f t thefts It was yas believed by bv the t P PJ I tion were committed while acting as the i I J agent for the bank It was contended t 1 t i 4 that the fact that he be h had the keys kes to toj I j jI j I the bank that he had access to it at I times not during duri 1 the banking 1 I hours and that he took the money for tor forthe forthe i t g the Utah National bank to Bingham Junction made him hint an agent of the jo I bank hank and md therefore subject to the fed federal federal i I Ii eral Im I laws la s The department of Justice 1 1 I i holds that the privileges granted Nel el 4 r rI json I son n by b the bank were not sufficient to mike mk him bin the a t nt of the bank Ii I Determined tha tone shall b be left N 1 J Continued on Page 2 J 1 t SAYS UTAH BANK CASE WILL BE RUSHED PUSHED PUSHED Continued d From From Page ag Si 1 unturned to solve the mystery m in the theft of ot from the Utah National bank bank the board of directors of the bank will wi be culled c le Into session soon to dis discuss discuss discuss cuss means mean of Instituting proceedings W V S president of ot the Utah Uth National bank stated to a Herald rep yesterday that he lie will wi call cn a meeting of the board of directors In the near future and ways was and ad means wi will be discussed and decided upon to push the case against A W V Nelson Nelsn to the full tun extent of ot the th law He will wi not be al a lowed to escape escape trial If It can be bly helped according to President Mc Cornick Cornick I r have been ben awaiting the arrival of at Thomas C Cutler Cuter vice president of ot the Utah National bank who has been In the east on a business trip before I called caled the board bard of directors together said Mr r yesterday Now that Mr r Cutler Cuter has returned esterdaY to Salt Sal Lake I 1 shall shan call rl the meeting very soon soone We e will wi take every measure to have havethe havethe havethe the prosecution against Nelson proceed If I found guilty gly he will wi be punished for tor his wrongdoing If the law allows I it and as far as the law allows Case Not at an End EndI I cannot disclose just now what the next move moe of the directors will wi be That will wl be decided when they meet meet I 1 will wi I Isa say sa that the case cae is far from an end even though the district attorney at recommends Nelson Nelon Nel n dismissal on the ground gound that the federal court has no Jurisdiction in the matter mater materI It I would not nol be good policy to dis disclose disclose disclose close just now what we will wi probably decide on in our meeting meet ng or what action acton I shall recommend If I the federal court has no Jurisdiction the district distrct court cour may ma mahave have haveIt It I was stated by b one of the Utah Na National National tonal bank b an k officials yesterday esterday that If I tho the Indictment against Nelson Is dismissed In the federal court on technical grounds I he will wi be Immediately arrested on a war warrant warrant rant and the case transferred to the dis district dI court court I |