| Show JUDGE REVEALS INFLUENCE TRY Welling Trial Jurist Says He Got Note By JENNINGS PHILLIPS Tho The third trial of Secretary of St State te M. M H H. Welling on a charge of having presented a false salary claim to the tho state board of examiners examiners examiners exam exam- iners In 1931 took a sensational turn Friday when Judge P. P C. C Evans de denounced denounced denounced de- de what he termed was an attempt at attempt attempt at- at tempt to influence his verdict inthe In tho the case The jurist who permitted tho the de defense defense do- do to waive a jury over objections objections objections of stat states state's s 's attorneys last Tuesday Tuesday Tues rues day announced in open court receipt re receipt re- re re-I re of a n. postcard which he ho said would subject tho the writer to a contempt contempt contempt con con- tempt citati citation n if It his identity is learned The postcard was signed Observer Observer Observer Ob server Judge Evans disclosed ImplyIng ImplyIng implying im Im- Im- Im plying that the writer sought to Influence In In- fluence his verdict by reference to matters not pertinent to the trial Tho The court did not make the postcards postcard's postcards postcard's postcards postcard's post post- cards card's message public but he ho warned varned that receipt of ot similar messages messages mes mes- messages sages would subject the writer to contempt of court charges in the event his or her identity is learned If It Observer understood the tho fu futility futility tu- tu of such an action Judge Evans said the postcard would never have been sent It is persons not familiar with court procedure from which such embarrassments I spring Everyone should be assured nothIng nothing nothing noth noth- ing could enter into this case except tho the record which will bo be subjected to very close scrutiny Nothing outside outside outside out out- side the record will be bo given consideration consideration consideration con con- by tho the court The judicial branch of our government government government gov gov- may be endangered by such Continued on Page Pace Two Column Ono One JUDGE REVEALS INFLUENCE TRY Continued from Crom Pc Page One practices and I trust the Incident will vIII not be r madeno reference to the tho contents con con- tents ti of ot c the the postcard but it was vas understood the writer had hinted th the outcome of at tho current trial trial- Secretary Wellings Welling's third within year year- year would hinge bingo on matters matters matters mat mat- other than the evidence presented pre pre- in co court rt Se Secretary WellIngs two previous trials were conducted before a jury the first resulting in conviction anc and the second ending in a mistrial when the jury failed to agree after 28 hours' hours deliberation The third trial l opened last Monday Monda Mon Mon- da day with 1 a niro of ot 16 18 men being examined d by the tho state and defense attorneys Each side had exercised exercised exer exer- peremptory challenges Tuesday Tuesday Tuesday Tues Tues- day and d the tho jurors were ready to tobe tobe be worn sworn when the defense waived The prosecution fought fought- the move rigorously but Judge Evans ruled the defense had the right to waive since sinco the jury fu y h had d not been sworn sworn Th The The- prospective jurors dismissed dismissed dis dis- dis- dis missed and Judge Judge Evans Evans accepted responsibility sIb lity of passing judgment in the tho case S Receipt of ot the anonymous post- post postcard card eard was announced by y the court juat ju before belore the noon re recess ess and at atthe atthe atthe the i conclusion of ot defense arguments arguments ments on a motion to dismiss the tiLe case against Mr Welling The state rested at 1110 a. a m m. after adducing testimony from Mrs Golda Golda- Richards wife of a 8 former of ot the tho secretary of state in I wl whose ose oseI behalf the state charges Jrr Mr Welling Welling- pres presented a false salary sal ary ry claim for OO to the he bo board rd of examiners in June 1931 with intent to defraud The defense motion to dismiss was bas based d by Burton W. W Musser de- de coco on the grounds the state te had failed to adduce evidence that th t. t the crime crimo alleged in the information mati mation on had been committed that th Jh the information did not state an offense and that tho the state had failed to th prove any intent on Mr r. r Welling's Wellings Well- Well 1 jigs ing's part to defraud the state when the k he presented th the tho claim in June 1929 The Issue of ot Intent was argued ext extensively with tho the state contend contend- In that that- the act of ot presen presenting ing a false claim in itself iz evidence of f fraudulent intent Additional arguments were sched- sched ul d for the afternoon session and andi i it iVas expected ted Judge Evans would take tak th the motion uner advisement anti and adjo adjourn rn co court t i-t until 10 a. a m. m Monday M announcing his ruling at that tb t time Called as the last Jast state witness Mrs Richards testified she had never r been employed by nor was an any co compensation from I h state I She testified that first heard beard th that t a check had bad been issued in inh inh h her by th the state in July 19 1931 1 I and that during Augu Augustof t ot of th that t ty y year rw while Ue Secretary r Welling was visiting Zion national park with a aco co of t secretaries ref rIes of ot state Mr Welling meE er d her husband husband hus hus- band fd H Harold rold P. P P 1 l ono one D. D of Wellings Mr y s at the park lodge J We were were standing on the porch perch of c the lodge she she said When Mr Welling W lUng arrived with the party He Hep p put t his hand handl on my shoulder houlde houlder de der and thanked for me indorsing indorsing indorsing in in- dorsing the checks and Mr Ri Richards ardS' ardS for r returning t it to him he needed the mone money and appreciated it He invited Mr Richards Richards Richards' Rich Rich- I ar ards ards' and me to accompany him to tot t the the- cJ Grand canyon canyo Mr Richards I that he was too busy and could ld not note afford It Mr r. r Welling Velling then suggested ed that that h he pad his ex cx- pense p account and assured him it would be approved Mr Musser subjected the witness to o a a. searching cross examination an n attempt to discredit h her r- r test test test- mony Mrs Richards had previously previous- previous ly y testified she he had not ports orts to o the secretary secretary- of qt states state's t tes te's o office of- of f- f ice fica for her husband but under Mr usser's Musser's questioning admitted admitted admit- admit ted ed she had made some reports Examination of one of the states state's key cey witnesses e Harold P. P Richards former of the secretary of state c concluded ded late at Thursday and Moroni C. C Iverson another former Welling w was called to the stand tand Corroborates Testimony He corroborated r. r Richards' Richards testimony concerning a telephone call from him to Mr Richards Richarda at athe atthe he the hotel in mid-July mid 1931 Secretary Welling asked mo me to ret get in touch with Mr Richards and andI i I called caned him at t the hotel hot l and told him to come Wettings Wetting's office at t the capitol I left the office and saw aw Richards drIving north driving north through Eagle Gate later Mr Richards testified d it was late laten In n the aft afternoon of July 17 1931 that lat this incident occurred He said Mr Ir Welling gave him hint the check heck asked d that his wife's indorsement indorse indorse- m ment nt be obtained and It that It be bore bore- re- re turned to him He testified Clarence E. E Smith an an- other empl ye of the secretary of t state tate forged Mrs Richards' Richards Indorsement indorsement indorsement indorse indorse- ment to the check and that he Richards then returned It to Mr Welling Veiling Mr Smith corroborated this his Is testimony I |
