| Show M i iIi i W Ii or I I II BE 1 j Indict n Hiir AsB R l DISTRICT ATTORNEY I I I l i s Ii Case C In III Iles 11 III f f I y I i iJ 1 1 II r I II 0 Federal fl Court T liver lor singe sh oJ A W v Nelson was a indict cl In connection on with wilh tho jobbery ol 1 from from the Utah Ut National bank l question l as a to t w le h or not he bo j nod lr to r bp b un of the looted I bank It has been de 10 decided by hy tho lilo department of oC justice nt a I Washington D C hp IlP was wu not an un agent b nl under tho tI o departments con Function of oC the h law and fn l that fure his hla caso 1101 under the tho jurisdiction tion of federal fea c urt Ally Att m Booth th ban 1111 been so for 01 this the tho cupe aso will not n l rome to trial on Dec 7 tho In Inthe the thc federal COUlt Instead d the defend defendant ant will 11 bo freo freo for fOI the tho P f Ity It of the c I of or a complaint t by bythe bythe the county c attorney altorn ls office The rul ruling rulIn ing In of or the department r ent Is given In 10 I c from Unit United Un 11 to a letter ot of inquiry ed NI State Allot noy Booth an of or the evidence and la a state stall statement ment ot of tho lh cost for expert lh trl l lAt At the time of of the drawing l of iC tho the question f tl lI of f young Oung Nel ns being an agent was a considered c federal r jurisdiction jurls over Mich I l h In hi National Nal nal banks ex extends tends only to those enjoying enjo ln tho Ih con confidence of the bank banI and In describing liin In section 20 of the tho coda cod tho vo Is for fol t Thit I of 13 Io used In with ith r e clerk cIerI teller cashier wa WaS thought to Include i any nn one one given special s Young i Nelson It was in the i derice has lut used i R y to the bank banI out auf outside I side I l of banking home hourI which key was waH given him with tho understanding that ho would lock tho bank after going away awny with tho fund placed In Ina a safety box to be taken by b him to the tho West st Jordan bank Whiles no no halary j or 01 remuneration had been beon paW paid him as tho banks agent It was thought though I confidential would bo sufficient and was as accord accordingly tion drawn wn to cover coVal such a construction e i CASE OF TUB DEFENSE I In preparing tho Iho ease case for fOl trial it be bo became boI came certain that the tho buh arl of tho I fight of tho th defense would be bo con on the claim that young Nelson was not the th banks agent and there therefore fore that Ihal the had no Dist Ally Att Booth wont went over ovel decisions d in similar case and found the question was one that courts IVerc In no sonic agreed a r d upon and that any an phase ot of tho case c i could be bo taken as the essen essential essential one with a possibility of a Ion fion being given on either side To the tho case to trial under the In Indictment Indictment would another trial on O I the plea pica of Jf once in jeopardy s i Ulee urt bo thal the lh defendant alt not banks t I agent Ti e in matter ler x sf m J ted led to Washington the insult 1 sult that 1 jit jl decision d was vas d ordering tho case cas dismissed d for COI lack of Jurisdiction ni 1 and anit this action was was taken today by I DI tAu Booth n oth What Vh the future f t ot tho h case will bo be It ItIs ItIs Is t i hit It tf Is now ItOW ton t n nt t the tl became pub Il l lie lI through q i g I an ll announcement u cc l l by W S president of oC the tho bank ban This was given out Feb I eb 9 and placed the tho total loss I s at lit the figure which wl lel as s the net 1 Joss after I ho had ad r eoy c cInto Into the bank and JOB Jos Nelson hud had I In hI to t the thi legal leg l receives r vesi and keep the th bank Inta h sound condition coi The money l ln y came ns as a 1 gift instead In lead ot of n loan was M Illegal to maUu h i loan ns 11 the bank examiner r requited d the tho banks bim Il to 10 bo b boned owned tie fl c Shortly after lIft this statement stat was given out the fact became known that the list Irregularity hud had been noticed n on Jan G tho discovered Jan Jun 14 H when the vault was opened by I expert after the th combination tion had been found to be he Jammed 1 on Jan S r The local police were not con consulted in III the tho case but t ton delee Ilee thes carried on op an exhaustive Invest gallon gallen In which a letter I from to Mr 1111 Adams of the th bank eon con conspicuously The fact that Mr 1111 the San I ran handwriting declared this letter to been be writ written ten by b A W Nelson Is thought to 10 have havo largely largel the jury jUl In bringing in an indictment It was as written he Core the th fact of the robbery had become known and showed clar ly b by b Intel mil evidence that the writ writer er know of the robber rabbet y After being In from April A 22 to 10 June 31 with a recess early In June the Jury jur an Indictment against Nelson him with the tho theft of with six counts to the tho Indict Indictment ment Upon his arrest young Nolson Noison placed under bonds In the sum o of released from custody Since then the tho case hus awaiting the date of Its trial hot et for Dec 7 |
