| Show BANK LOSES ON BOUNTY FRAUDS CONLISK AND SWAN SET FREE BY MURPHY decision given in the municipal court in favor of defendants fend ants from tuesdays standard after hearing arguments of counsel for the defendant and plaintiff in the case of the state is swan and conlisk judge murphy gave his deamon at 11 a in today the fight has lieen contested so strenuously that the spectators and lawyers in the court remained in expectant silence while the court was delivering the verdict 1 I have examined all authorities I 1 have exhausted tb number of similar casis which have come under my observation the state law regulating the disposition 0 bounty money and regulating the manner in which a certificate may be issued has been exam inca in not one instance can I 1 find that points to the first na bank having been defrauded you may make the order mr clerk that I 1 sustain the objection which was raised by defendant in rei re i gard to the introduction of testimony junices the county attorney contemplates another move the case is thrown out of court permanently this was the final statement ot the judge many points were considered which led up to the final decision great stress was laid by murphy on theeb plasticity of the gov ernine the issuing of warrants and certificates in bounty cases the state of utah has appropriated money for bounty to be paid on the hides of wild animals it has placed as guardians over hat money county clerks and deputies if the law governing the paying of bounties is so loose that unscrupulous persons may obtain the money by fraud thon the certificates which are given in the manner prescribed by law whether they be obtained by fraudulent or lawful procedure income valid certificates payable in any county in utah the point raised by plaintiff that the fraud vitiated the whole transaction did not find support in the opinion of judge Sr urphy lie contended that the certificates wera obtained in the specified way and that after passing through the course prescribed they became valid judge murphy gave as bis opinion that the state was the only party da frau ded there must tie four steps which lead up to a action first intent to defraud second false pretenses third the parties must be defrauded by those false pretenses fourth then it follows that the parties were defrauded had the defendants swan and cashed ahoe certificates at the bank through false and fraudulent pretenses then they would be guilty but I 1 can not see that they used such methods to obtain the roone from the bank the county attorney stated after the decision that he had nothing more to do in the case one day was given him in which to decide upon future action in the meantime swan and conlisk aro treed from the charge preferred against them bytho first national bank |
