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Show A NEW TRIAL GRANTED la Ibt Cast ol CbirliS L. Bluer, Con-Tided Con-Tided of Emtw.letntnt. AITllUiirS AXH COUSKIt AUI-IIAVIM. AUI-IIAVIM. Judge Zntis lirrlli" !lc Ileilnrt Hie llcfcmlanfa Hill at Prcicnl. About three weeks ago Attorney llamlllou male a niotbii for arrest of Judgment In the caw of C li. lllaier, convlcttil bya Jury lu tho Third dlalrlct dla-lrlct court a few montha since, on a charge of emUailiDg money Uluuguig to the Utah National llauk lu this clly. This having Mini, counsel then moved for a new trial, on tho ground of ticwly-dla-covered evidence. After considerable argumint. Judge too directed that Ihomittcr stand over till Unity, to that, lu Hie meantime, tho aflldavlta of tuolrmli wltueweainmeil by lh ale. feuse, an I who, it was stated, would throw new light upon the case, might bo obtained. This morning Mr. Hamilton, the de-fendant'e de-fendant'e attorney, attended Ufore Judge Xsne and presented hlsnfllJa-vlls, hlsnfllJa-vlls, the substance of which Is given below! John P. Davis, of Omaha, Douglas county, Nebraska, state that during the past year lie acted on divers occn-alona occn-alona aa au agent arid etnplot e of the Don Carlos Lumber Co. lie waa In the hanking niltcenf tho Commercial Natlouil Hank of Omaha on the day whou a draft for JV), In favor of tho Utah National Hank, luado by Charles Ii. Ilbtzer upon etld company, waa accepted. ac-cepted. At that time be waa asked by Mr. Millard, whom afllant took lo be tlmcaahlerof tho tsiiih, or a ja-rsou having authority In It, whether tho draft would lie l1d when due. Afllant answered that ho could not state suthoratlvtly whether It would or not, but that tho company waa In the habit cf living drills accet tod by II, Hint that Dialer had nlweye had authority and had at that time to mako Iraffa upon tho company at his discretion. Afllint further stated at the time that the Don Carlot Lum-IvfCorupany, Lum-IvfCorupany, aihobslleved, was not Insolvent, but had properly north floin f9),0(M lo tsu.iwu, On the day wheu the said draft became due no one representing rep-resenting the hank called at IheoMcv to oollect tbo amount duo thereou. though afllant had expressly directed Millard to present It or have it presented present-ed for payment at lilsfDavla'Jnlllre. Alllantwaa lu thu habit frequently of sayliiit drafta and other obligations out of tils own money, and of being rvim-hursi-d by the company afterwards. If said dralt haj been presented to alllaut nt maturlly, lie would either have tul, I It nut of tho cominny'i money In Ills hands or out of hlaown. Afllant truly believes that the corapntiy la still solvent, having mean aggregating from Jlo.ooo to 10,i W. Krank A. Klugmati, of Ureenllsld, Ohio, ilectareil that ho had known Itlazer tor at least twelve years. Af. fiant hsd butlnesa Interests lu thu Don (.'arloa Lumber Co., being also Its seo. relary. He waa present on or about tbe nth of March. Isfl, when a err-Ulmlraft, err-Ulmlraft, dated March Utli, 1331, for t-VW, In favor of tho Utah National Hank, Halt Lake Clly, elgned by C. L. Hater, manager of the Dou Carlos Lumber Co., was pnaented for ac ceptancr. Hald draft waa duly aud legally accepted, and was to have been presented soon after for payment, Imt it never was prceeuted except at the lime It was accepted. The Don Carlos Lumler Company was then aud Is now ludahte.1 to C. I., lllaier 111 Hie suniof$:,8O0. At the time Ibe draft wax accepted the company had ample funda with which to play, ami Intended Intend-ed tn have laid, the Wis) draft had It been presented for that AjrKae. lu March lost the company was erfeclly solvent, and lllaxur ow nod over $VHJ of the JVI.'H) of capital stock. Counter aflldavlts v, ere then handed In by Attorney Klchuor, ou behalf of tbe prosecution. Thullrstwas that of V. O.Taylor, manager of llradsireet'a commercial agency at Omaha, Nebraska, who says ho ki.ow C. L. lllizer as organiser and principal manager of the so-called Dou Carlos Lunil-erCo. He waa acquainted acquaint-ed with several rsoue Interested In thu cotniany iiatnod, but had never known mill n person aa l'runk King-nan King-nan to lai In any ruanner counected with It. Ileorgo Jeirrry, of Omaha, attorney-at-law, states ho knew that lllaier waa iiinnected with the Don Carlos Lumber Lum-ber Co., which formerly had anofllcti ou tho seroud floor of tho U, H. National bank building Omaha, iln never knew l-'rauk Kingman aa auoltlclal of tho coiuuuy orothrrwlao connected with It, Ho had slucu karneil from John I', Davis, attorney of Omaha, however, that aald Frank Kingman was the secretary of the company for a brief jHirlod, at the time the company was urganUed, butthat he now has nothing to do with It. Mr. Divls also toll him that King, man was not financially responsible, for tho company. ICIngmau, lie aald, had not boon lu Omaha alnco Novrm. ber or December lait. Tho Don Carlos Lumber Co., ao far as be knew, bad no representative lu Omaha for months aut, except affiant himself. Davit also said Hie compauy had lieen tor aome time without assets. Ho himself wassupiosul tolHiliaudllngthe financial finan-cial allalrs of the company. Atllant referred to tho draft which lllaier had drawu on the company, and which had been prtaeuled to Mr. Alfred Mil-lard, Mil-lard, as catliler of the Commercial Natlotic.1 lank, to said John I', Davis, who admitted that at tint time he ha 1 no funds belonging to the company with which to pay the draft, so far aa he know. He (Davis) had authority, as agent or reprcecutatlvo of the Don Carlos Lumber Co.,to accept said draft, but then ho had no funds wherewith to pay tho same. Attorney Klclmor opposed tho motion mo-tion Icr a new trial, urglug that no illllgrncuhad bcou shown by the other side tn bring forward tho facts now set forth on tho original trial. If there "aaanythlng In this so-called newly, discovered evidence, was It likely tlut the defendant would ha veheensuHorcd to remain In Jail since March hit, awaiting sentence, whllo Mr, Davis sat at his disk In Omaha and could have Urn produced at any time? Judge Zano tald that assuming Hie atllaiits would testify to what was set forth In Ihelr tlllduvlts, he thought there ought to be a new trial, which s ho accordingly granted. I Hr, llamlllou applied that the d. femlant I nMmltled to ball In a reaonal,n amount. Mr. Klchimr asked lliat thu ball re-maliiasbeforc re-maliiasbeforc JI.OOO. Jiileo .mo directed that, for I ho present, It should stand At Jl,0. telling tell-ing Mr. Hamilton ho might renew Ills uppllcatlon at a futhro tlmn. |