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Show DAILY B2 HERALD Sunday, February 11,2007 The History Page GOT HISTORY? The Daily Herald is looking for interesting stories about local history for this weekly page. Make suggestions or submit material by to Executive Editor Randy Wright, rwrightheraldextra.com. Or mail to the Daily Herald. P.O. Box 717, Provo, UT 846030717. No phone calls please. Crime and lack of punishment in the 19th century D. Robert Carter could be brought before a seen Leonard in Provo and vicinity on Monday, April 20 they saw the defendant near the Provo River on Tuesday and Tuesday, April 21. Excelmorning. He was driving a vehicle pulled by a black horse sior Livery Stable employee David Loveless testified he with a white stripe down its rented Leonard a horse with a nose. The man asked about white stripe down its nose and fishing but didn't say if he a wagon on Monday evening was fishing for trout or suck-eiThis statement must have and again Tuesday morning. caused some people in the Herman and Andrew courtroom to chuckle. The Knudsen testified they had seen Leonard on West Center Madsens didn't see a pole or Street on the evening of April bait in his wagon (gold or oth20. He turned north on a farm erwise), and they didn't notice a camp by the river. lane just east of their place Officer Hill stated he had and went to the willows near seen Leonard at the Provo the river. Herman claimed Leonard was wearing the depot and watched him greet a man who got off the train same clothes he had on the with Whitmore. The officer day of the hearing. also saw the defendant drive Lake View residents Hy-ruand George Madsen said off in a wagon with another grand jury, the judges seemingly became more interested day after in gaining forfeited bond monC ey than in trying to convict a gave a pair confidence criminal. Whitmore retained Utah $6,000 for "gold bricks" County lawyers David Evans, William H. King and George worth about $5 or $6, Officer Bill Hill arrested William LeonSutherland. Leonard invested ard. $500 in two Salt Lake City Whitmore claimed Leonard lawyers, J.M. Hamilton and Charles Zane. On the afterwas the man who posed as noon of Wednesday, April 22, "the Mexican" when the Ne-pLeonard appeared before Jusbanker bought the bunco tice W.H. Brown in Provo and bricks near Provo River. Hill pleaded not guilty. Brown set brought Leonard back to Provo, and the prosecution began Leonard's hearing for the next gathering witnesses and build- Friday afternoon. ing a case against the suspect. During the hearing, the The case began auspiciousprosecution presented a parade of witnesses who had ly. However, before Leonard The s. hi m Valentines Day, February 14 man. Hill later arrested Leonard on the train bound for Salt "He looks like a man Lake City. A.H. Leviter and C.B. Snymuch given to drink and der, employees of the Roberts dissipation, but wears a Hotel, identified Leonard as a man who stayed at the hotel very stolid look, appears the night of April 20. to do more thinking than talking." The defendant testifies Leonard took the stand in his own defense. Provo's Provo Dispatch article Dis- describing Leonard's character patch offered the following description of him to its readers: "He looks like a man much given to drink and dissipation, but wears a very stolid look, appears to do more thinking than talking." Leonard testified he came to Provo on Monday and left on Tuesday. He said he made $15 or $20 a day selling watches and jewelry, and sometimes he gambled. He sold his merchandise at the Provo depot on Monday afternoon and retired to the saloon at 5:30 or 6 p.m. He rented a horse and wagon that day to see the town and peddle his wares. The suspect said he stayed at the Roberts Hotel Monday night and rented a rig again the next day in order to peddle about town. He tried to sell to the Madsens while they were plowing in their field. Then he drove to the river and saw some boys fishing. J.M. Hamilton, Leonard's lawyer, tried to introduce evidence showing Whitmore had tortured his client. Justice Brown refused to hear the testimony since the deed occurred in Salt Lake City, which was out of his jurisdiction. There was at least one fact leaning in Leonard's favor. The money Whitmore and Hill took from his coat lining was all in $100 bills. The money Whitmore received from Provo's First National Bank did. not include a single $100 bill. Cashier Dusenberry said the bank had not received three $100 bills in the last month. client's detention. After Blackburn denied this application, Hamilton claimed his client's bail was excessively high and asked to have it lowered. The judge reduced it to $1,500 even though David Evans, one of Whitmore's attorneys, warned that if Leonard were released, he would not return for trial. Leonard's bail was reduced again to $900 late in May. Bail was furnished, and the defendant was released. His discharge prompted the Dispatch to comment, "Now the query is will the defendant be in attendance should he be wanted?" Attorney Evans's warning proved to be well founded. The court never saw Leonard again, and in 1895, the case was formally dismissed for lack of a defendant. Leonard's disappearance was not entirely bad news for Whitmore. Attorney Hamilton filed a $50,000 damage suit against the Nephi banker for twiddling Leonard's thumbs against his will. Leonard did not return to appear before the grand jury in this case either, and the prosecution's star witness, David Port, the prisoner in the next cell the night of the torture, also flew the coop once he was released. Hamilton eventually let the case drop. The Salt Lake Herald printed the standing joke around Provo that Whitmore paid Leonard $5,000 "to chase himself out of the territory." Jailed and bailed y V After hearing the testimony on Friday afternoon, Justice Brown took the case under advisement until the next day. At 10 a.m. on Saturday morning, Brown announced there was sufficient evidence to put the case before a grand jury. He placed Leonard in the care of the authorities and put his bail at $3,000. In absence of bail, Leonard entered the county jail. Several days later, Hamilton applied to Judge Blackburn for a writ of habeas corpus to establish the legality of his t X '1. 'A jjpmB More suspects arrested The case against the bunco artists implicated in the gold brick scam did not end with Leonard. While the "Mexican" was still in jail in Provo on April 24, police in Ogden arrested another man thought to be involved in the scam. Authorities brought Hamilton Gregg to Provo where he appeared before Justice Brown on a charge of obtaining money on false pretenses. Gregg pled not guilty, Brown heard Continued on B3 JSJSWWPBBSWSJsJ "Gem Talk" GLOWING GEMS r '. Wil Feller ... All gems are pretty in the light, but some are even more beautiful in the dark. Luminescent is the word for gems that glow with an inner light when disturbed by. heat, rubbing or an ultraviolet lamp. If a gem glows while under a black light, it is fluorescent (the mineral fluorite was the first discovered to have this property). Some members of the plant and animal I I 111 Suites. 1 1 i CHOCOLATES I off 10 I w 1 IS i i BUY ONE ITEM & i y I pnttit ctspH. 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