Show i HENRY H Ht BLAKE BLUKE I GIVEN NEW TRIAL Supreme Court Reverses Decision In Case by Lower Tribunal Cl CI 1 HARG E Clue lu I n D V x Writes Ural heal II al d at 0 o oIn In a 1 decision handed down lI tide tI morning by Chief Justice D N X Sunup of ot th supreme court Henry HenryH H If 11 I k convicted ot of criminal oon f pi nicy to defraud K H h A Horn of or real tate valued l at 1600 l eO by 11 selling him mining stock was wail granted grante a new trial H It was all held that a 1 peculiarity arlt aIll arity In III it the typo of ot the letter hon h hon hon on n It typewriter and the Colorado Honit Mond ou on which the letter was written w RS s not Ilot sufficient evidence to If prove the tho authorship author hll of ot two letters IllIer which were produced 01 as evidence Judge Booth of the Fourth district court who tried tho the case erred rr In allowing this thin evidence to bo be sub submitted submitted ull to the jury the opinion says jays Its and because it was Incompetent and the tho judgment of or the court ourt wu was reversed es trifled that the same me peculiarity pt might exist In the Ih typo of other machines and that mat the Colorado unit paper could be secured In hh an any market This evi 01 dence the supreme court holds hold was not given sufficient value despite the fart fact that It h was wan all shown that writer which bore boro title this peculiarity was sold old to 10 William A who wag was named an as one ono of or the thu conspirators Tine The T e circumstances shown though of or a suspicious llou character yet were not cut auf to 10 raise such a logical In ference fer ne that these then letters leller were writ written written ten In bj hf h Brittain or Blake U In it tho the face tae of the that W L I 1 Johnson of ot San Francisco wrote the tho letters Without these let letters tors there Is la lano no evidence to 10 prove the e essential entla al 11 the Ihl opinion reads with respect to 10 the Ihl falsity tal of or the made by h Blake of the character and value of the tha mining stock STORY OF OP CASK CASE The Th 11 shows shone that thai K E KA EA A Horn Hore at It Independence h cj Utah received a letter leUr purported to lave Have been written bj by b W IV I Johnson of daa ui 11 Francisco Nov NOT JO 30 1908 1108 to the effect that Blake who lived at Fort Duchene Utah had something like shares harot ut tit Mining stock tock and that thou the to property wax was good Johnson said mId that he had huil h d tried trill to get Blakee price ten bit that he h would could not sell cell It Johnson ad 1111 advised advised Horn to tn iff m Blake slake and buy the stock and hold It for lor him Johll Johnco oi t 1101 n not to Iu pay more thun S B n tOt J he h had haJ fome folse r 17 ft cent cents in another letter a tp to t ifo HO Wake and anda a yut lIre a pr price pricer ri r hP ed a of ofal real al estate fur the stork Mork Then Hoi 1101 limo n wrote tn to I tie the hI secretary of Ih he company ny anil anti found that the wan as Q lose less that the o CI pang Was all and that there therl waft willi no to II J profit n the tho ore orr 0 on account or of the mine being Si 6 mlle miles way away a from a 11 railroad Horn Hom attempted to recover Ibis iU 1111 real estate but It II had been bp transferred frred three thra or four tour lima and he hI was unable to g get t hold of It II again Ills investigation Int Into the he deal led Id to 10 the filing of ot the nal Inel charges charge against Blake ninke mind Anti twin aln Horn torn of or writ pug ng the th letters letter to him and signing the name of or Johnson to them which re resulted rv In his hili purchasing the worthiest mining stock of or Blake ninke nv nT CONSENT CO T Gus Cue Bartell a miner n oho ho was wan Injured In n the workings of ot the th Alining plant at Eureka and who sued for J DO dam damage damages nICe ages U is b bAtler off of by 1000 than he was voa before the accident Th The epee en no came ame UP before b Judge Morris Metric In III th Ih the federal ral court and a Judgment by b con eon I Kent nt for tor the th amount named wax was W JI given gUen I |