Show w rayy 1 1 tt I 1 CV ca URT rl lol the NeI Isoa case diew for uncle sam at ten this morning on opening g of court 0 C richards moved the court to bet iset aside the in indictment against abraham chad wick on the ground that one J jphn S chadwock ck a appeared P before the grand jury and was examined but bis his name is not ind breed upon the indictment counsel understood that the name of each and every one who testifies before a g grand rand jury mus duft S t appear upon the indictment me nt hie his honor deferred a ruling until thi s afternoon the case of the united states ve vs P A the defendant being charged with intersecting a letter taking it out of the postoffice Post office in loga u cache co utah in in july 1885 was put on trial mr hall of salt lake appeared for the defense the following jurors were andaas G grant atit daniel woodland joeeph wood IV 11 barry baru george alm rows oliver ve r 11 dudley frederick frederck foy jessie Vander vanderhoof thomas 0 connor john jolin germer and john standing the cution then outlined outline d the case and exhibited exhibit cd an assay certificate which was made frank foote of salt lake like cit city ln john Ober landev waa was called by the afo prosecution pe cution and testified that he be resided in logan bad had known the defendant since june 1875 was acquainted with frank foote of salt lake city bid a correspondence with foote in july sent tent a specimen of ore to him to have it as sayed on or about july and signed bis his own naine name to the letter his wife wrote the letter th letter request edthe assay to be badent sent back r to p witness the letter biad was presented to 0 w witness it ain court andee he said it it was the same esme letter b a e had bad pent witness then made a statement to the effect thi that at defendant on 1 b or i r about the of july called witness into his hotel in iu logan and informed that he had something to show him and going into the house he put pdt his hand band into his pocket and laking out a letter nied d an assay and asked witness what hd bd thought of that witness cited asked him i i how the there r e cama came to bi be e two receipts inthe on the assa assay when be only sent one specimen defendant replied that he opened that wit lett letter erand and offin three dollars more witness aai asked ed vim bow it was that mr foot charged him three dolla rs while he nevar never chang ed witness but one had haa given i defendant no permission tp to open 1 bis letters lel and mr nielson had never done sy sa bare to td the defense avit witness beks had I 1 lived ived in cache co about two years had deviously ly resided in iowa owa had hid an an interest in a certain mine known ax catbe cache coloine co nine defendant bad an interest k in baid said mine defendant claims that wi wib t ness is not at present an owner in in the mine witness was acquainted with H IV crookston but did not remember ever saying anything to crooksten about the assay aay bad had stated to one that be he would show swansea an assay and told him that neilson had bad said that be should say ay nothing about tho the assay but as was wash putting up his money I 1 he bad bid a agh right t to know all about it L had a shown the assay amay to mr turner and mr glass of salt lake it was about one or two days after be had bad received it il never told witness that he had bad raised this assay witness first learned that it bad been done when ho visited salt lake andrad and bad a talk wither with Mr tur turner ner it might have been a week and ind might have been two or three weeks alter exhibited the assay to one scott in logan never had any conversa tion with him concerning tho the assay lie ifo directs the assay was shown wa to witness and several changes were pointed out which were not in bia his handwriting witness first became aware ot of ahe the assays having been tampered with 1 ith about a month after first reci receiving ivIng it mr turner remarked to witness that if that was vas a straight assay say it was a R pretty good thing but i it teemed to him that it was a iiii pretty tty big assa assay y gitnes thought it was from mr turner that he first heard beard fhe the assay had bad been been raised r mrs john being worn sworn testified as follows Is the wife of john and lives live s in logan witness knows the defendant ded fen dant she rem remembered embere d her bus band sending a note and a sample of ore and one dollar to salt lake late city be he received in fn return the sample assay witness then corroborated ro tho the statement made by her husband concerning lie the assay is being shown to them by mr the certificate bad had not been changed to the best beat of her kno know w ledge since she first saw it crosa cross examined heard nielson say that they must net not eay say anything about the high valuation of the assay say saw her husband start off to post the letter the prosecution rested an and the defense called S L sw ensen who took tho the stand and te testified Ai fied that wit be he had done fineis business with mr had with derin july jul 1885 Ober laeder sai eaid id that 1 he bad had something to tal witness if he would not tell the old in man 33 mr Ni elten the then n p pulled aled atthe out the assay witness said there is something wrong but said it was on the squire square a few words occurred and aidee aid be knew it waa was wrong but eaid mid he ainee we fixed it 1 x W J the evidence on the conversa tion wae was objected to but the objection wae was overruled witness yit ness co continued n tin aed Ober lauder came out at him with a knife a mhd bd endeavored to td injure witness with it witness eaid said the reputation of john ober sanderfor lander for truth and veracity wa was bad the cros cross examination of wa was deferred till 2 pm at 2 pm at the opening of court 1 andrew king a caledonian and a resident of logan m as ad milted to citizenship egbert anderaon And ereon nii a swede wa was also naturalized the examination for the defense in the nielson nielsen case wa was then continued and was still in progress at a late hour |