| Show FOR FOB embezzlement simon bamberger and F K R morris being prosecuted simon simen bamberger and F K morris were before commissioner norrell today on two charges of embezzlement preferred by theodore Tn eudore bruback broback now manager of the sanpete valley railway mr bamberger Baroo erger was formerly the mana gerand mr morris secretary owing to developments that did not satisfy the owners of the road the change was made and suits instituted against mr bamberger to obtain certain moneys alleged to belong to the railway company the complaints in the cases heard today charge that the defendants while in control of the road embezzled some of its funds two of the items stated to be in the of aprill 1886 and 25 in january 1887 jacob bamberger brother of the defendant simon bamberger was th the first witness for thi the prosecution which was conducted by A brown E B critchlow and assistant district attorney clarke the attorneys for the defense being W H dickson and J L rawlins Raw llna mr J bamberger testified as to the official positions formerly held with the railway company by the defendants on looking over a lot of pa papers ers presented to him he identified the the writing thereon as that of F K morris except on one sheet which he be could coula not identify A bundle of letters was also shown sh own the witness who said they were all written by F K morr morris one eing being signed by him and the ot others e b by Y 8 bamberger 11 S kerr gerr of M moroni aront sanpete county te testified that h he e was superintendent of the sanpete San pete va valley I 1 ley railway ballway raili balli and had bad been since 0 october tober 1 aw having been appo appointed 1 anted by simon bamberger who wa was a then its manager I 1 received the moneys of the company paid the running expenses of the road and transmitted the balance of the funds to the defendants my reports were made to mr morris when they were down the road they always looked at the books last winter I 1 had fa a co conversation about the accounts of 1887 1 I do not remember his conversation regarding the accounts of 1886 on april the vasse passenger iager receipts were 1975 aar and the freight the receipts another on other dats dated in april were also testified to the account of may was objected to by the defense mr brown insisted on the proof claiming that the prosecution would bour show that the defendants had bad made a practice of abstracting str acting ng large sums of money belonging iongi ng to the railway company it was not all taken at once they falsified a whole series of accounts for a much less sum than that received the court overruled the objection the witness kerr continued and gave the amount of the recel receipts on various dates to september 30 1886 the sanpete valley connects with the utah central and we paid their agent their share of their freight accounts I 1 remitted money monthly to the defendants fend ants in various amounts in april 1886 it was and in october it reached 1125 we carried the mail and mr bamberger received the money from the government theodore bruback testified I 1 am president and general manager of the sanpete valley railway succeeded hive have received ived from Engl england alid the reports of the roads business as made by bamberger also the letters he be wrote the letters were offered in evidence to show to whom mr bamberger reported and his manner of transact transacting ting business for the company there was quite an extended argument over oter the admission of these fetters although as though they related to the bus business liless of the sanpete valley railway the they were to te the secretary of the central W pacific ac efte co coal a 1 a and nd coke company A certificate was waa read showing that the sanpete evajoy stock was held by tru trustees steeR for clr coal and coke company which was the actual owner of the road the letters and certificate were admitted in evidence and at 1 pm a recess was taken till a later hour in th e afternoon |
