Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-03-18
AUSTINS EXAMINATION.
a Long Story Listened to By Com
missioner Mckay.


manager of the late London Bank OF
Utah, charged with embezzling So, 100 OF
the money of Sarah J. Williams, COM
menced before Commissioner Mckay at
10 o'clock this morning. Miss Williams,
accompanied by her attorney, Farley l..
Williams. Esq, entered the office prompt
ly at 10 o'clock, and her appearance was
shortly followed by that of Mr.. Austin,
accompanied by Messrs. Marshall q
Royle.
Mr.. c. S. Varian appeared for the pro-
secution, and Mr. Royle stated that the
defendant desired to enter plea OF not
guilty, and was ready to proceed with the
examination.
A. H. Winn was appointed and sworn
as reporter. The examination was COM
menced by calling
FARLEY L. WILLIAMS.
! Counsel for the complaining witness. He
stated his first business connections with
Mr.. Austin on behalf of the complainant
commenced the latter part of February OF
this year. He had an interview with the
defendant for the purpose OF settling GER
tain money matters between him and
Miss Williams. During the conversation
that ensued Mr.. Austin told witness that
Miss Williams by letter, dated July, 1884,
had requested the remittance of
$4,000; that he had sent her
81, 900 soon afterwards, and col
lected $4,000 more, which had been
placed to her credit, or to his credit as
trustee, in the Deseret National Bank. He
had not RENTED the $4,000 because no
acknowledgment of the receipt of the
81, 900 had been sent him, and he did not
know Miss Williams whereabouts. Aus
tin also told witness that he subsequently
invested this $4,000, or a portion of it, in
claims against the London Bank of Utah.
A proposed statement submitted by
Mr.. Austin to Miss Williams was here
produced by witness. One item
was as follows: Loss by realiz-
ing claims against the London Bank
of Utah $780," The witness had asked
Austin for more specific information con-
corning these claims which defendant de-
clined to give. Mr. Austin claimed 81 900
as compensation for services and other
items were included in the statement as
offsets to the $4,000 deposited, among
them $52 for cablegram sent from Lon
don in reference to an article that APP
peared in the Tribune In addition to the
$4,000 deposited, Mr.. Austin told the wit
ness he had collected $1,l00 on a mort
gage, which would make So, 100 deposited
to her credit.
Cross-examined by Mr.. Royle; De-
PENDANT told me that in compliance with
Miss Williams request, he had RENTED
81 700, and collected $4,000 more, which
he deposited to her credit, but did not
remit the balance because he was not
certain OF her whereabouts.
He showed me his pass book of the
Deseret bank; called my attention. to the
back of the book, which was marked,
" E. Austin, trustee" and then pointed
to an item of $4,01S, which he had de-
posted.
/ The witness was here shown two pass
books, one of which contained the deposit
entries of Mr.. Austin as trustee, and the
other his private personal account, and
the 4,01S entry was found in the private
book
The witness continued: l am positive
defendant told me this $4,01S was de-
posted to his trustee account. Don't re-
member that he called my attention to
any other item. He showed me the
words, ''E. Austin, trustee" on the back
of the book, and then opened it and
pointed to the $4,O1S entry to show that
he kept his account as Miss Williams
trustee separate from his private account.
observed that Austin took two books
from his pocket, and | now think he must
have manipulated them in such manner
as to show the back of the trustee book
and the entry in the private book. 1t APP
pears to me now there must have been
manipulation.