Show WELLING SAYS CHECK MOVED IN HIS ABSENCE Secretary of State Tells of Journey to Fielding By JENNINGS PHILLIPS Secretary of State M. M H. H Welling Velling told a Third district court jury Wednesday he was wasat wasat wasat at Fielding Utah miles from rom the state stat capitol on the day the prosecution contends he tie received the false salary claim he is accused of having presented to the state board of examiners in 1931 Taken unaware by the alibi defense defense de de- de- de which was not offered at Mr rr Velling's Welling's first trial his preliminary preliminary pre pre- hearing or at the legislative legislative legislative legisla legisla- tive inquiry during impeachment proceedings last year the prose prosecution prosecution cu tion launched a vigorous ex cross of oC the witness to determine determine determine deter deter- mine why tho the new testimony had hadnot hadnot hadnot not been previously produced The defendant explained he had refreshed his memory as to happenings happen l ings on July 17 1931 by reference e eto to a note book in which he had re recorded recorded re re- corded engagements during that year Didn't Think of ot It You had the note book in your our possession at the time of your first trial did di-d you not the tho witness was asked by District Attorney Calvin W. W Rawlings I did Mr Welling replied Then why didn't you ou use the note notebook notebook notebook book at that time 1 I UI didn't think of it the witness replied Secretary Welling Velling testified to the new angle in the case during direct examination by Burton W. W Musser defense soon after the forenoon session opened Went Vent to Ranch He said he attended a funeral in Salt Lake City during the forenoon and early afternoon of July 17 1931 and after alter the services motored to Fielding Box Elder county where he operates a ranch Ho He said he drove to Preston Idaho on July 18 returning to Fielding that night He Continued d on Page Pae Two Column One WELLING GIVES ALIBI ON CHECK Continued from Pare Fife One On declared ho ha did not return to Salt SaltI I Lake City until tho night of ot Sund Sunday y July 19 On July 17 11 shortly after i 5 p. p m. m According to the tho testimony of ot Harold Harold Har Har- old P. P Richards former motor ve ye- hide inspector and a key witness for tor tho prosecution Mr Welling was In his office at the tho capItoL capita Richards Richards' Story Mr r. r Richards said Secretary Well Welling eU- eU ing presented him with a II salary check which had been drawn In favor fa vo vor of ot Mrs Golda Richards Richards his his wife wite At Mr Wellings Welling's request the state witness said he returned the Ule check to him after pro procuring the forged Indorsement of ot his wife's name namo to it Mr Richards testified tho the secretary secretary secre secre- tary of ot state told him he be was in need of funds to defray expenses of entertaining a convention of secretaries sec leC- sec sec- of ot state August August Au Au- gust and beca because e his sari son was vas soon to be released from an L. L D. D S. S chur church h mission in Germany Other testimony of ot Mr Richards was to th the effect the secretary of State aUte told him t to pad bl bi expense ac acCOUnt for and It would be bc approved In appreciation of the fa to Mrs l Richards' Richards check t I Denied Denied Story Prior to testifying to the Fielding trip Mr Welling denied dented Mr RIchards RIchards' Rich- Rich Arils ants allegations He said laId he delivered the tho check to Mr Richards on tho mornIng morn morn- Ing of JuI July 16 driving later to BlueCreek Blue Cr Creek Crek ek to attend a grain warehouse dedication The fhe he defendant denied ho asked to return tho the check or ortO or tO told him to pad his hla expense account Tile The defense then Introduced ced exhibits ex cx- I eX-I hi hibits to show that Mr Wellings Welling's expenses for entertaining the visitIng visit visit- In Ing secretaries of state were repaid by the state and that he was not of his sons son's release from the German mission until August 1931 Exhibits supporting Mr Welling's Wellings testimony as attendance ata ara funeral tuberal and his trip to Preston Idaho on July 17 Included a letter fr frim nt Fred A. A Richards father of Fred Fied Richards deceased thanking secretary of state for speaking at his sons son's services and the of- of exp expense account for the Idaho trip Stayed Overnight the The services Mr Welling testified test test- fied fid were held In the rose room of th the Deseret mortuary and lasted from 11 a. a tit m. m to tol 1 p. p m. m on that day dal Immediately following the services services services ser ser- ser ser- vices he said he drove t to Fielding AI I arrived there thero between 3 and 4 p. p pm a and d stayed overnight driving th next day to Preston Idaho the i 1 wi witness ness explained Th The official explained he lie arrived 1 th the of July 18 and returned to Fielding that night The Tho next da day he said he pent at his bis Fielding ra ranch ch returnIng returning return- return Ing lag to in Salt Lake I City pity that tha night V Asked by the 1 he lI h. had testified cf athis at his first trial to toa toa toa a a ac c conversation n with former Sheriff his former deputy dip dep- uty John H. H Cottain Cottam of Washington c county concerning services they I said I Mrs Richards was performing for the state Mr M Welling said he had not Given Ghen Note o Book nook your date book cont contain ln a notation concerning th this s con conversation conversa conversa- ersa- ersa tion the witness withe w was s osk asked dW d. d No W he replied Because they came to tomy my office in the regular cou couse of state state- business Mr Rawlings asked aske for and nd was given Iven the note book by br the witness The rhe prosecution prose ution then q quizzed led the secretary secretary-of ot s state 1 reg regarding his testimonY testimony tes tes- timon at three previous Inquiries J In the case the original trial the preliminary hearing and the legislative legis leglE- laUve committees committee's Inv investigation you testify a at the other hearings th that t Frank E. E Lees your secretary delivered the Golda Richard Richard Rich Rich- ard Si l check to yo you In J June nel Mr Welling was asked Couldn't Recall He said he couldn't r recall his testimony tes testimony testimony tes- tes Ray lings read from the transcript of ot the first trial wherein the secretary of state testified testified tes tes- tes- tes fied he sent for the tho Richards check a couple of days das before June 30 R Records c In the secretary of oI states state's l office show that Mr r. r Richards leUon left leU lefton on his vacation about this time Admitting that he had testified then to th the c check eck incident z- z ring probably a couple of ot days ays be- be be fore Juno June 30 Mr W Welling said the statement was incorrect and that Mr Lees delivered the tho check in July The rho witness wItness' admitted he be knew the tho secretaries of state convention was to be held here when the Richards check was issued on Ju June e 29 29 1931 and at that that f time had ad no no o understanding understanding under under- standing that the state would pay any expenses he might incur in their entertainment Mr Welling said sala he paid for their entertainment including for fora a banquet at the Hotel Utah out of his own pocket and that the state later reimbursed him Quotes Dern Dem o Yet had d. d no assurance assurance- the expense would be paid by the tate state prior to that time ry Yes I did cUd the witness witness' replied Governor Dern told me he thought the board of ot examiners could properly properly prop prop- erly approve such sucha a claim The witness admitted that he had hadnot hadnot hadnot not t testified to this at the original triaL rial at Mr fl We Welling lUng denied he ever re received received received re- re any money from the tho salary salary salary sal sal- ary check he ho ordered dr drawn in behalf behalf be be- half halt of Golda Richards The defendant said the check was delivered to Mr Richards at the capitol the morning of lot J July ly 16 1931 and that he told Mr Richards thenan then thenan an Inspector in the motor vehicle dep department under Mr Welling Velling that money was available in the motor vehicle f fund nd to pay Mrs Mis Richards I 1 never saw the tho check again until until un un- un- un til in connection with this case Mr We Welling lUng testified The account showed wed expenses es of including for Mr Mn Wellings Welling's railroad fate fare to southern Utah parks on a trip with the visiting vis lUng secretaries a and d 78 5 for a banquet banque at the Hotel Utah The defendant said he paid personal personal personal per per- expenses of about 20 or oz 25 Mr Welling g b began gan his hb testimony late Tuesday He admitted he direct di- di dFrank E. E Lees his secretary to place the name namo of Golda Richards Richards Rich Rich- ards on the payroll and testified he honestly b believed she Lbs ho was en entitled tIed to remuneration for work she ho had done for the tate The rho prosecution ion contends contend Mrs rs Richards ard performed only minor service services ser ser- vices vice for the tho tate state was entitled to and received ho rio remuneration from tho the state and U that t the a salary lary claim Issued in h her r b behalf halt half by Mr dr yelling in inJune June 1931 was false faue and presented ted by him to the state b board ard of examiners iner with Intent to defraud Referring occasionally to a small notebook Mr Welling recalled the names namu of eight persons who told him Mrs Richards wife of Harold P. P Richards one of his in 1931 was aiding 1 her husband on In- In in inspection trips trip Talked to lI Her r Mrs r Richards Richard came to tomy my office in It 1931 Secretary Welling ex ex- Wo talked of state services set ser vices she he had rendered I told her herI I hoped to be able to compensate her in some somo degree for tor her work The witness said he delivered the Golda Richards Richard check to Mr Richards Richards Richards Rich Rich- ards on July 16 1931 The claim had been Issued on June 28 he explained ex ex- but Richards did not not re return re- re turn from his vacation until July 15 Mr Welling d denied there thero were several salary checks on his desk delk when this incident o occurred currea Mr Richards Richards' had testified to the con con- Testimony of Ruth RuthC C c. Lamoreaux of Downey Idaho was was' read into the retrial record by the tho defense Mrs Mr Lamoreaux wife wire of a Downey cafe operator testified in connection connection tion with the defense motion for a anew anew anew new trial following Mr conviction last lut June Her testimony was waa to the effect In September 1934 at Downey Mrs Ira Richards told her while whUa discussing the Welling VeIling case cue that she Ih received r for work she ahe had performed for the state that she should have received more because she did most of ot her husbands husband's inspection wo work kI k I TJI ru l Have to Lie LieS 10 to tobe bo called In the case cue and TIL have t to lie like Mrs Lamoreaux quoted Mrs Richards Richards Richards Rich Rich- ards as saying Mrs Richards t testified last week she had met Mr Mrs Lamoreaux but denied ever having discussed the tho Welling case cue with her G. G G. G Sweeten Garland merchant merchant merchant mer mer- chant t testified tItled he be saw Mr Welling in Garland between noon and p. p m. m on July 16 1931 while the tho secretary of ot state was on his way to attend a grain grall warehouse dedication dedication dedication dedi dedi- cation at Blue Creek Cr |