Show to twenty for appropriative funds belonging to tho union pacific railway the first district court met at 10 J L brown who was convicted of killing his wile in salina was brought in for sentence brown presented a nervous ne ryous dejected appearance barlow ferguson attorney tor john L brawn made a motion for a new trie 1 on th ground that the court had misdirected the jury on matters of law and on the further ground that tho sentence was contrary to the evidence the motion was overruled mr ferguson asked for a lenient sentence on the ground of good character and further that browna imbecility beci lity at the time of the crime prevented him from knowing the extent of his crima the sentence of the sturt was that brown be confined in the penitentiary for the terra of twenty years sixty days were wen to file a bill of exceptions albert lee and james davis both under 18 years of age were arraigned en a charge of grand larceny having stolen six sheep from W D caldwell of uintah county last september M M kellogg waa appointed attorney fur the boys and after a abort consultation alie defendants entered a plea of not emilly set for the of november A jury wag paneled em in the cass of tha people va james W killeen cm dudley and woods appeared for the defendant and J M zano for the laople ajeo W craig agent for the union pacific railway at provo waa the first witness for jhb prosecution knew air killeen during the months of may and april of thia year le was chief clerk and cashier for the union pacific railway at prove he received all money and should camit it to the bank as credit for the company uis wages were 70 a month he being employed on the ath day of may last 1 examined the accounts after he left witness described the manner of keeping the accounts in the union PiG itic occa the first mistake hound in the accounts was that there was not enough money in the sate 10 balance the cash book the shortage short aee was I 1 found later on that collections had baen made and DO entry made on the books mi craig produced pro dued receipts fi awing that payments had been made and a check for that mr mickel had paid for freight the check had been turned into the bask by mr killen aud not accounted for to the company there was also a abeck for paid by tha P L M B co which was not turned in mr killeen had also taken a credit on the cash book for aa paid to mr hansen which was afterward found not to have been paid and had ty be paid again mr killeen would collect charged and not enter upon the books he bills for which the bouey was sol acted tha mickel bill was paid april and not accounted for till june and other bills had been running along the same way I 1 found the bills under bome papers in the drawer abara they had been put away mr killeen had discovered a shortage in april and had not been able to locate it we had a talk about alie shortage and mr killeen sent some teley rama to his brother in montana copies of the telegrams ware offered in evidence the defense objected as nothing was contained in them bearing upon the case and thera fora they were immaterial and irrelevant the telegrams were read for money and also asked kil leena brother to come to provo the antrio in the books of the rail road company were introduced in evidence crosa examined thac freight bills and receipts arp in my jamr because I 1 was agent and killeen was responsible to me for money collected it is thy duty of the chief cleric to send in bills to ti aud anc office ile generally the bills the bills 1 were not in a locked bruwer one in atie ollice had access to birawer it was not a craper place for bills the drawer was daod more by mr lC illeen than any one else I 1 dont know if the amount of the mickel check a included in any amount entered on the books jack cassady was operator at the time air me the combination om of the safe when I 1 asad nm for it the safe in the day time was aeton theda notion idaa abot necessary for anyone to yet into the aff when mr killeen could have a key to the ead without any should nave considered killeen bible for adv bonev that was lost I 1 asked mr killeen what he could do about the shortage he said he did not know he would write to hi brothers and if they would not help him he did not know what to do be claimed to be eick when T went to see him at the hotel about thi shortage bills were taken in account before the freish fc waa received the bills I 1 discovered were held back after abo freight had come in and was delivered to mr ebberts one of the jurors it is not customary inthe office and wait several days before it is on the books re ld receiving rece ivine money for freight sir killeen acted aa agent for the union pacific railway co and it was his duty to turn the money over to the company Gross examined I 1 presume I 1 am responsible to the railway company for the lass of money that comes into the possession of ahe office I 1 am bonded to them mr oakley was in the employ of the railway company during september while I 1 was away cassady left the employ of the company in june or july mr lea told roe he was in osceolo michigan court took a till 2 coart session at 2 johanthan John nthan bucaloy waa admitted to wm mckeevar McKee vcr was callad by the prosecution in the killeen case hay bees traveling auditor of tho union pacific railway tor five beare esmai cd the books of the union pacific railway company in provo up to juno inclusive and found a of 94 tha proof sheet of the auditor was in evidence mr graiff was recalled and identified copies of balances made by mr killeen the copies were offered in evidence mr crag testified that it was mr Kil lcena business to tako care of tha cash ii the office mr objected to all the papers submitted in evidence except the auditors proof sheets for the rea son that they wera all signed by air craib objection overruled and an exception taken tha prosecution rested |