Show TRIAL OF fY YOUNG UNG ON fRAUD COUNT COUNTIN C UNI IN STALEMATE E District Attorney Vigorously Vigorously Vigorously Vigor Vigor- Opposes Dismissal The Robert Hobert N. N Young embezzlement embezzle embezzle- ment trial was stalemated Tuesday pending decision of ot District Judge Roger L I. McDonough on a defense motion to discharge Young Toung and rule the tho indictment out of ot court on the ground that the state had failed to prove the allegations District Attorney Rn Ray Ra Van Cott consumed tho the morning session Tuesday with arguments in opposition opposition opposE opposE- tion to the motion for dismissal He attempted to show that there ther was no question o of law involved to Impede the regular course o of the trial and that It remained for th the tha Jury to decide whether the monc money t Young received ed In regular payments from Crom the bank belonged to the city or was earned by him On the other hand tho court contends con con contends tends a a. question of ot law presents itself as to whether Young Is la guilty of embezzlement In the eyes eye of It Ithe the he court a a. difficulty presents present It Itself Itself U- U self in determining the source of ot the alleged peculations and In determining determining de determining de- de whether or not sufficient evidence has been introduced by the tho state to show Young Young- received the tho alleged sums by Uy virtue of ot hI his cf- cf fice CITES DECISIONS The dis district attorney met these questions with vigorous arguments in which he cited length lengthy court do de de decisions statutes and rules of evidence evidence evi vi dence and told the court that the documentary evidence showed manifestly man manifestly th that t Young received th tho money as an agent of ot Salt Lake Resisting the questions propounded propound propound- ed b by the court Van Cott Colt declared It is the duty of or the court to pull pun the mask off oft In the case where an official is in conspiracy with a bank every subterfuge will b be employed cd but W we have no evidence evi evi- evidence dence to show that Young earned X the money If It the defendant earned th the money then let him go upon th the stand and show how he did it It If h he bs c continued We have been told t that ad he ho was employed as a a. bank solid tor Did you ever bear hear of ot c. c bank solicitor I 1 have been here for tor thirty y Continued on page 7 1 TRIAL OF YOUNG ON FRAUD COUNT COUNTIN IN STALEMATE Continued from page 1 years cas and have never had one darken daken dark dark- en my ray door ho he said The Tho whole thing Is 15 Incredible and Is Is' Isa a a. n camouflage camou- camou flago flage to cover the m illegal Gal acts act of or both the tho bank and the tile defendant Throughout his argument the district district dis dis- attorney contended that Young violated a trust vested in him hits as treasurer of or Salt Sal Lake CI City and declared this tills be the basis of or placing the tile evidence b be before bp- bp fore ore tho jur Jury Judge McDonough ho remained re- re firm In his contention that that it t was necessary to show that ac- ac ual embezzlement had ha taken taen pl e. e The defense motion moton for dismissal was made Monday afternoon after an n attempt to strike records concerning con con- the tho Internal affairs of the bank sank from tho evidence had been blocked Frank A. A Johnson attorney representing Young YounG threw another barnor barrier bar bar- rl nor rier r In the states state's path Monday when he took exception to the phrasing of the Indictment that Young Youn embezzled lawful mone money money of or the United States of or America AmerIa Ho lo asserted there was no evidence to show Young had re received re- re an any legal tender Tho legal leal skirmish which occupied occupied occupied pied most of or the day da day onda l Monday was expected to reopen Tuesday afternoon afternoon after after- noon when the defense resumed ar arguments arguments n- n ar- ar for dismissal dismissal 5 |