Show IN id THE COURTS a harding is oulley of embezzlement SENTENCE POSTPONED A judicial farce enacted in the district court demott not guilty the trial of thomm thomaa harding on tho the charge of 0 embezzlement alleged to hai ha a been committed in appropriating 2 from the provo operative cooperative co institution on starch larch 3 1893 took olace th s morning before justice wedgwood moors king and gash prosecuted aca thurman and christensen defended albert jones jonca bookkeeper book keeper of the in atit tion ution testified that on march 1803 1893 defendant was in the tha employ of the coop oa that day defendant up ap 2 belonging to the coop co op to his big own use on the morning of the date mentioned witness marked with a cruice crescent nt three silver dollars dated respectively 1885 and 1805 four half dollars dated 1870 1876 and 1861 and a aye dollar gold corn coin dated 1833 he gave eav the money mon by to superintendent Super bennett and subsequently lie he saw two silver dollars of the marked coins produced from the of defend defendant mr Hardi harding nit on tie tao afternoon of this thia date came anio anio the presence of SUDer bennetto director john 0 graham and the witness mr graham stated to defendant that the management of the COOP CO OP his honesty on the invitation of mr graham defendant ant took some come silver from his also a purse containing 55 at the same time declaring he had nover never stolen 5 c ants from the institution mr harding and mr graham went from tats th room and returned and again went from the room and returned mr harding hailing took another purse from his hia pocket contain over in gold mr graham then aug suggested gestel to mr harding that if he were wera an honest maul man be would not object to being searched he then took out of his pocket two silver ilver dollars bearing the crescent marks witness then said mr harding this is 19 a serious charge against you and you want to be careful la Is there any chance chance of the coin of the institution be ba ing mixed up with your own money this question was asked six times timea three times relative to gold and three times relative to silver and each time lime the defendant answered in in the nega nee tive live tle two marked coins coins were then poin pointed t ed out to him hia defendant then bated stated that in the morning he had civi n a woman gold for silver subsequently he be stated that it was in the afternoon after superintendent bennett confirmed the statement of mr j ones iones after receiving the money from mr jones he ha came over to the court house and gave it to wm mitchell who came to the store and tradel traded with mr Haro Ha inz and mr harding informed witness that Ali had purchased eight dollars worth of goods and had paid aid cash for them witness then emptied the contents of the legister register into a paper sack befrs mitchell john and the witness went into a room and found the 5 gold piece and one dollar in silver of the marked coins mr mitchell produces two additional dit ional dollars in in silver the witnel thela thea related the incidents of the interview between graham jones jonea and himself and mr harding substantially as told by bj mr jones after some argument between the at tom eyt the court admitted the following ovia evidence ence un on the of march 1891 witness m marked arced a 5 5 gold coin and a number of silver coin coin and gaye gave it to a and that person came and purchased goods immediately after this thia transaction witness n went to the register and found all the marked coma coins except one silver dollar william mitchell te testified stilled to yace receiving iving the tha marked money ing goods and paying 8 for them of tho the marked coins a 5 gold piece and 3 in silver this was about 1230 12 30 0 clock harding came into the store while witness was waa there witness aubee returned the 2 to mr bennett john C graham corroborated the tha testimony of bless rs coues and bennett in in relation to the interview with mr harding harding dodged behind tile the screen once and witness followed harding stained stai fed down stairs tor for lit hi overcoat oer coat witness still follo following but hall half way down stairs defendant defan dant con eluded to turn back david john jr testified that he had watched the register while su erin bannett was at dinners dinner no other clerk than harding hardine placed any an money in in the register during that time witness was wi with th superintendent bennett when the money was taken out of the register there were wera but six dollars in marked ct cilas ins this concluded the evidence ibi the tb prosecution and the defense bad none to offer the case was submitted without argument and the court adjudged the he defendant defan dant guilty of embezzlement sentence was postponed until monday next at 10 a m when it is la understood mr churman has bs some come legal point to t spring pring relative to the validity of the complaint district court al the case cage of the people vs va hector green grand lar larceny cany was continued for the term and the witnesses were permitted to return to their homes bomea in view of the civil ca landar being entered upon next week a venire of eight jurors j arora was issued aa follows A J nelson castle gate rod wheeler silver city thomas D martell span ish folk tie leoree orgel inard levan X N N brown eureka thomas ord nephi pi walter storrs Spring ulie and IV V D 0 markham idanish fork in in the the case of erick Roa Rog envall forgery the jury jary reported they were unable anable to azree agree eight wern were for acquittal and four for conviction Therun pon the court instructed the te jury to return a verdict of not guilty ou the grounds that the evidence did not justify a verdict of guilty A JUDICIAL FARCE the case cage of the people vs va eagens demott proved to be a farce from begin ning to 0 end 7 the defendant was charged noney with obtaining 1 money under fa false P pre bences by representing that he was the owner of a horse and buggy which it ie is alleged belcon belonged ged to james jamea E lee an insurance agent and selling the same to W P bennett and mall johnson John Bon through tle the negligence of some official I 1 demott was waa confined to the tha caun ty tv bail jail three months before his hi case was submitted to the grand jury the grand jury then resubmitted hi 3 case to the next grand jury jum but bat frie frieida ids sue euc in getting him out of jail tha rho last grand jury returned an indict me t against him he has baa a suit buit to fo f against IV P bennen isi nally swore out the complaint for false imprisonment zane and gash krosec prosecuted buted the case and king houtz aphea appealed ed for the de defense feuse the first witness was W P B cuett he testified that lie be had pare purchased based the horse hors and ad agg from eugene da mott through johnn johnny y lewis lewia the livery stable man who acted ns as his bis agent he explained how mr mclewis lewis was his agent there was no coa contract tract of principal and agent written or verbal between them but mr lewis lad had denoted hy by hits hia actions that be would act as agent of witness in ia the purchase se of the bug buggy 1 and actions momet inies added t the 6 witness wit nesa speak louder loader than words he then detailed the circumstances witness on february 3rd ard 1892 asked lewis how bow much he h would take for th the a buggy and lewis replied that it belonged to do del mott at this juncture da mett matt aPDO appeared on the scene and lewis asked him what wha t he ha I 1 take lor the horsa borso and buggy you yon can have all you yon can get over 50 for it replied that individual lewis accordingly gave demott a 50 heck for the horse horae and buggy and turned around and after a little dickering sold it to bennett for 65 the horse and buggy was subsequently replevin ed by james E lee james jameal E lee was the next man in the lox this interesting all appearances had been soaking himself fi in liquor lee lea said maid he be know knew defendant to his sorrow borrow ho he had cabie toas defendant once thrashed him 1 de fanfant was once in the employ of witness band and witness left the horse and buggy in defendants care to use in writing up insurances he did not authorize defendant to sell the horse and buggy on cross examination mr houtz asked the witness if he remembered one occasion when ho he had met def defendant fend at the livery stable the time of the thrashing thra ahing and if that was why he know knew defendant to his bia sorrow morrow this as tickled the witness that he burst into a loud Koff guff haw hav as A horo he remark marked od that ha be rg the occasion are you drunk asked mr houtz haute not sj as much as you are was the reply mr zane zana put bennett on the stand agam again and asked if houtz had commenced these proceedings the defense objected to the question and the objection was waa sustained but zane plo proceed ceadel ei to score houtz for commencing such proceedings and then taking th the e ther other side of the case this thia angered ff houtz and he be denied being the of the case notwithstanding what bennett or zane might si sa ear to the court finally succeeded in quiet the disturbance and on motion of mr zane the jury iury was instructed to return astar a verdict of not guilty MORNING joseph van gross gran and fred simpson indicted on the chalce of selling liquor on sunday changed their pleas of not guilty to tn guilty mr sutherland an ant bounced that mr zino had consented that upon their entering pleas of guilty that sali tanes should be postponed until may let the postponement was made in tha case of edwin T jones the argument which was to have hare neen deen made mada today was waa postponed until mav lat when mr zane would be present it will be remembered that mr jones was wa recently convicted of rape wad and woods king his bia attorneys attorney had applied for a new trul by a agreement cre ement M hia Is honor overruled the motion for a now new trial in the case of samuel bennett vs range mining co court adjourned until un til saturday at 1 a m |