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Show I ST. CR01X JOHNSTONE C, S, CI11H1 IS AGi ARRESTED Man Who Figures in Sensational Claim of Diamond Robbery at Saltair Is Held. -j EMBEZZLEMENT IS CHARGED County Attorney Willey Says His Deputy Had No Authority to Release Prisoner. Gharl ds -Scott Cunningham, who was arrested ar-rested last Saturday night by order of Riley M. Bockstead. captain of detectives, detec-tives, in 'conneetIph with the alleged mysterious mys-terious disappearance or over 53000 worth of diamonds from the check room at Saltair and who was released Monday arltSrnoon on instructions from the coun-ly coun-ly attorney's office, wis rearrested yea-torday yea-torday morning at lbi'45 o'clock , by Defectives' De-fectives' Wilson and Goldlng on Instructions' Instruc-tions' from Captain Bcckslead. ' Ldto yesterday afternoon a complaint was lBsued by the county attorney charging charg-ing Cunningham with embezzlement. It ls alleged that Cunningham "converted to use, not In the lawful execution of his trust, but to his own use, $2273 worth of diamonds, the property of Mrs. G. L. Harrison, and $1118 worth of diamonds, the property of Mrs. M. Ward." The complaining witness ls Captain Beck-stead. Beck-stead. Two counts are contained ln the . complaint. The defendant's bonds were fixed in the Bum of $1000 for each count. They were furnished yesterday afternoon and ratified rati-fied by F, M. Bishop. Justice of the peacb. Judge Bishop also ordored the release of the defendant following tho furnishing of the bonds. Cunningham was released from the city Jail early last , night. Something of a sensation was caused .Monday afternoon when the release of Cunningham was effected by a method 'dictated by Nephl United States Centennial Centen-nial Jenson, first assistant county attorney, attor-ney, and which action was passed upon by a number ,of . Salt Lake's best-known best-known attorneys as absolutely unlawful and out of the Jurisdiction of the county attorney's office. Captain Beckstcnd says that he hus sufficient suf-ficient evidence, ho thinks, to convict Cunningham of embezzlement ln case It is proved that the gems were -actually checked. The captain said that he explained ex-plained to Mr. Jensen, who was acting for the county attorney's- office, the nature na-ture of the. evidence In his possession and that onrly Monday afternoon Mr. Jensen said that' he would Issue a complaint, but that after Jensen had, talked. with the wohien who-claim to. have lost the Jewels and with .Cunningham. who was -at that tlmo ln the city. Jail, he .'did 'not 'proceed to Issue a complaint. LatervMonday afternoon after-noon after a conference betwperv Parley P. Chrlsteneetv attorney for'Cunnlngham. nnd Mr Jensen' the latter instructed Harrv S, Harper. Justice of the peace, to approve bonds -In : the sum. of ' SIO0O which had been prepared, by Mr. Ghrlslen-scn, Ghrlslen-scn, and to issue, an ordur forlnc relcnso of Cunningham. Oh lifstructlon'R" from Mr. Jensen, ropresentlng tho county at-lornev's at-lornev's office' Justice Harper dld -thls and Cunningham was released. This was not the end' 'qf .the matter, When Lieutenant Sjiannon and Captain Beckstead returned to the police,' station' sta-tion' last 'night after the - supper-hour, both were angered .bv .whajt. they cqn'sl.d-ercd cqn'sl.d-ercd the "raHvoftdlng" .by unlawful means of a prisoner- out of the city Jalh An attornyy welL versed In criminal law twas consulted and Re' said that the, arljon which had resulted in-the freedom nf "Cunningham "Cun-ningham "at the-fn'stlgatlon of Mr, Jen- sen. wns absolutely unlawful anil that the bond which Cunningham had furnished was not worth the paper upon which It wns written. He said that, as no complaint com-plaint had been issued against Cunningham, Cunning-ham, he wns the city's prisoner and that the countv attorney's office was not tp-pofed tp-pofed tq know even that such a man was under arrest and that the justice could not know whether Cunningham was held for murder or for a pi-ttv theft. Captain BerfcHtcad Instructed his men to rcnrrei-t Cunningham an soon as ho could be located. Boclcstoail said that he went to Countv Attorney I. E. Willey vestcrday morning nnd asked for u complaint com-plaint and that the county attorney told him ho would not ln.iuo n complaint until i after he had sen C. V Russell and C. C. Smith, tho checking clerks In the "valuables" "valua-bles" room ai Saltair. Hoth of those inou visited the county attorncv early ln the afternoon nnd a complaint was Issued ugaln.it Cunningham- Ycstcrdav morning nt 10:l" o'clock Detectives De-tectives Goblins' .md Wilson met Cunningham' Cunning-ham' as he was entering the county at- Oontinucd on Pago Two. CHARGE IS PLACED lOJOiS GIVEN C. J. .Cunningham Directly Accused Ac-cused of Embezzlement by Captain of Detectives. j ' Continued From Pago One. , torney's office and placed him under ar-, ar-, rest and took him to tho city J'lII. "Mr. Jensen had no authority to in. Btruct Mr. Harper to approve bonds fot tho releaiic of Mr. Cunningham or to instruct in-struct him to order the release of Mr. Cunningham. T was not proacnt nor die not know of tho proceduro and I cannot understand what the bonds woro for. as no complaint has been Issued against Mr. Cunningham, .It Is probable that the preliminary hearing will bo held next Thursday before F. M. BUhon, Justice of the peace. Attorney C. M, Morris will handle the case for the. county attorney's office." This Is the statement of County Attorney I. E. Wllley laBt night. The alleged dlhapncarance of a large number of valuable diamonds from the chock room at Saltair on the evening of August 7 hnB caused considerable public Interest. Mrs, Harrison and Mrs. Ward went to the resort In company with Cunningham. The two women allege that they placed their Jewels In Cunnlngham!s envoloDe and that he scaled and signed the package. pack-age. On returning two hours later to the checking window, Cunningham's check corresponded with a paokugo bearing bear-ing the name of R. Slado. It wan discovered dis-covered upon opening the package that It contained a tobacco sack filled with small pebbles and It seemed evident that the package had been prepared for the occasion Mr Russell. tho chocking clerk, says that about ten minutes aftor Cunningham first checked the package he returned and reclaimed It. The case was explained to Deputy Sheriff A A Butler, who is on duty at Saltair. Four dayB claimed and the county sheriff's office did nothing In the matter. It was thon that Captain Beck-stead Beck-stead collocted a large amount of evidence evi-dence and ordered the arreat of Cunningham, Cun-ningham, Captain BeckRtead h.ivb that he has a witness who will testify that aho heard Cunningham tell a woman acquaintance, ac-quaintance, on the day of tho loss of the Jewels, that, he had two "live ones" on tho string and that he was about to turn a big "trick." |