| Show prosecutions DISMISSED friday july the following motion made by mr varian was granted by judge zone zane in the district court for the third Judic judicial iiI district territory of utah the people of the territory plaintiff vs elias asmith francis armstrong elijah M dweller MW weller eller and samuel dennion bennion defendants now comes C S varian esq united states attorney for utah wiio in this behalf prosecute th and represents to the court that the indictments above mentioned were found and presented against the defendants above named on the day of december 1889 and charged the said defendants with conspiring cons conspiring in their official capacity as mem members ers of the court of salt lake county in the territory of utah to defraud the said county of salt lake and the treasury thereof by procuring and causing to be drawn certain warrants in favor of the defendant fen fAn fondant dant ellas elias A smith for the payment jentof of certain moneys out of the treasury of said county for alleged services as superintendent of county affairs that the substance of the matter out of which the indictments grow grew was the attempted creation of an alleged iff ate designated as superintendent of county affairs and the appointment ointment of the said smith the pro bate judge of said county as the incumbent cum nt of said office and it is further represented that continuously and for many years last past the various county courts of the said county had claimed and exercised such right in the premises nes and the several j judges orrem of probate had accepted the offices so created and the salary ampro and it is further farther represented that until the presenting of the indictments herein as the said district attorney is advised and believes no question of wrongdoing wrong doing or criminal intent on the part of the officers has ever been made and it is not believed that the criminal intention necessary to warrant a conviction existed in either of the cases that the supreme court of the territory has decided that the county court has no power to act as aforesaid afore faid and there is in no question that in the future the law as announced by said court will be obeyed for the reason stated and believing that the civil remedy for the recovery of the moneys unlawfully paid is the only one properly open to the peo people I 1 stat ae the said attorney moves the court that indictments be dismissed CHARLES S VARIAN united states attorney istah utah |
