Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1879-05-16

Summary or the Evidssee Tskss
On E3smiaasies-Ths Csss Aes
Decided.

The case Of the State VI. L. B. Cohen
arrested on q charge Of e~mbezzling funds
belonging to the estate Of William VIII
ton, deceased. yesterday came up in the
court Of Justice Moses. Following Is Q
summary OF the evidence given:
r. T. Brodek: I twice demanded .
poto for 5 1000 made by Cohen 70 WIZ
ton and supposed to DO in Conen's
possession, and Cohen told me he had
nothing belonging to deceased. de said
that il he had as much ~ l supposed ne
would give mo $500, OF some such
amount-I will not re positive as to the
sum NEWFOUNDLAND / would say
nothing. said. els that soT" The
next time I went to him / demanded not
only the 81, 1000 note but also sfoo IN
money. He said he did not have the
property.
Witness then referred to the testimony
given by Cohen before the District
Court. which has already been published
in these columns.
Marcus Banner Last November
Cohen came to my store and said he was
afraid his brokers would attach his place.
and wanted to sign over his property to
me for the benefit OF his creditors, but
would have nothing to do with the bust
ness. went with Mr.. Packsher to see
Cohen, when Cohen said he owed a
miner $4,000. A few days after this
Wilton and Cohen came into my store
and Cohen gave Wilton his note Tor
So, 900; at least that is what they said
was done. / did not read or examine
the note. My claim against Cohen, and
for which I attached him, was for not
over $500. This claim was finally set
tied by Mr.. Samuels, OF San Francisco,
for Cohen, after the note was given to
Wilton. 1t wa but q few days before
the note was made that Cohen said he
owed q miner $4,000. My suit was
brought against A. Cohen, to whom the
goods were sold. Mr.. Cohen might
have said A. Cohen would make tho as
sipnment to ms-do not rscollsct. 1 re-
member that when they were making the
note to Wilton, Cohen said to me: "This
thing is fixed up with Wilton; you may
as well take of your attachment
Simon Packsher, sworn: Messrs. Bro
dsk and Banner came to my place after
Cohen wal attached by Mr.. Banner. Mr..
Banner said he had attached him for Q
sum somewhere between $500 and $500
do not remember the exact amount
when | said l thought Cohen was solid,
tina, be was worth not less than Sl5,O 600,
and that the business might be fixed up.
/ asked Cohen how much he owed, and
asked him to secure Mr.. Banner. Cohen
said he could do nothing, as the Sheriff
was in possession. He said he owed
Pendergast 50, 900, parties in San Fran
cisco from $500 to $500, and had not
figured up how much he owed his bro
kers. | asked II that was all, and he
said he owed q miner $4,000 and some
odd hundreds Of dollars. He was afraid
that il the miner came up from his work
and saw the Sheriff in possession OF his
place he might demand his money. He
didn't give the name OF the miner. l
said he should pay the minor in prefer
snce to the others, and gave him some
plain talk. He said nothing about the
claim Of the miner being bogus. A few
DAYS afterward Cohen called to me near
Wells, Fargo X Co. 8. and said: Pack
sher, there il the note / gave Wilton; 1
have got his note back" This was two
or three days after tho first converse
ton.
NJ. s. Pendergast testified as to the
drawing Of o certificate OF deposit that
was in the name Of Wilton by Cohen.
April &c. 1878, for $4,000. The two
men were together when the money was
paid on the certificate.
Samuel Harris testified that he roomed
with Wilton from ten to twelve months.
Had never seen him deposit money with
Cohen, but knew that when paid of he
would take no chances with his money,
but took il to the pavnbroker's to do.
posit without waiting to eat his supper.
Wilton was killed in the Overman mime
by n rock falling upon him.
Coroner Brodek being recalled to tell
what property he had found belonging
TO the estate OF Wilton. said hs found
some wages due at tho Overman and
California shaft and some clothing IN
his brothers possession. The trunk
was in the possession Of Cohen when
Wilton was killed.
James Wilton, brother OF the de-
ceased, testified that he found the trunk
at Cohen's place. 1t contained some
clothing, four shirt studs, q wstch-chain
and Sl4 in money. His brother took
the trunk to Cohsn's place. Cohen told
him there was no other property in his
possession belonging to his brother ex-
cept q shirt. When he first went TO
Cohen he would not give up the trunk,
but when he started for an officer Cohen
called him back and said he might take
il.
j. II. Graham testified that Mr.. Cohen
told him he owed Wilton in the neigh.
borhood of $50 His entire indebt.
edness was Sl2, 900 to SIS, 1000, ons-half
or more being held in Virginia and the
greater part Of that by Wilton.
Here the prosecution rested and the
counsel for the defense moved that the
defendant be discharged on the ground
that there was no law making the con.
version Of q promissory note embezzie,
ment. This question was being argued
when the News representative left.
Serious Accident.