The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-08

Va
contracted with Rachel Williams to
pay her So 500 as soon as that amount,
over and above expenses, had been
realized from the mining property in
question. The note and the contract
formed full payment. AS Shell and
Williams were negotiating near the
Clerks desk at the Cullen, Will
Iiams let fall package of
papers, among which, he claims,
was this contract. Shell helped him to
recover the documents, and Williams
alleged that it was at that time Shell
got hold of the contract and stated
that he had never seen it from that
evening until it was produced in coult
Yesterday.
Shell took the copy of the note to
George Barr, and on it raised $3.50,
which was paid to him in cash. Later
Shell met Williams and told him TT at
the note was not a genuine one. There
was considerable more talk and finally
Barr put up check for $500 and Dun
ford surrendered the genuine note,
which subsequently found its way into
Bars possession. Barr sold it
to Richard Macintosh for $1,000, and
the latter transferred it to R. c. Cham
bers. In the meantime DIR. Duntord
held the check given by B irr to secure
himself, and still holds it. At the close
of the testimony of the prosecution,
Mr.. Hoffman moved for the discharge
of the defendant on the ground that
there could be no enlightenment when
the $500 he was charged with approDrl-
ating was in the possession OF DR.. Dun
ford.
Judge Powers insisted that the de-
! PENDANT should be held on two charges
1t was true the charge of embezzlement
had not been made out, but the the eVi.
dence showed that the defendant hao
been guilty of obtaining $35(
on a parer which he knew was merely
the o9pg of note. and further that ht
had committed grand larceny when he
had taken the contract, valued a
81. 800, from Williams at the Cutler
Hotel. There was every reason to be
lieys that he had taken the paper anC
converted it to his own use. Their
again was the evidence that the margin
of the note on which the wore
"copy" was written had been carefully
cut off, leaving only faint traces OF tn
lower end of the letters ~" and ''p.
| It certainly loo ked bad for Barr as well
He took an unendorsed note, mad
payments to Rachel Williams. HI
would not ask that Barr or others b
held for conspiracy just at present. b
did ask, however, that the defendant b
requir ed to answer to two charges on
of grand larceny, the other of obtalnln
money under false pretenses.
Mr.. Hoffman did not think the de
PENDANT should be held, but the Com
missioner brought matters to focd
by interrupting with: II am going t
discharge the defendant: but also IN
struct Deputy Rench to hold him urt
another complaint can be made agains
him."
sThe defendant was held until anothe
CO M plant, charging him with obtain
ing money under false pretenses, Wa
made, His bonds were placed at S5Ot
and they were signed by George Mullet
and George Barr.
THE SUPREME COURT CLERK.
Judge Sanford issued Che followin
order yesterday:
To ". Clarke, Esq:
You are hereby designated to at once tax
possession of the dockets, records, mes an a
all papers and property belonging TO IN
Office of the clerk of the Supreme Court
this Territory, and take care of the sam
until suitable person is appointed TO sue
office. You are also requested 10 prePa
for the next term Of SAID court, the GALE
dar. HLLlOII oANDtOhD.
r Chief Justice, Supreme Court OF Utah.
In accordance with thu above, NJ
) Clarke took charge OF ali recorus, p'
pers. etc, and they vera removed
: his Office yesterday. There is son
little curiosity as to who will succee
the late E. T. Sprague. Commits sion
/. NorreIl is among those who are name
: as aspirants for the position. The
can be no doubt but that he would glN
:, good satisfaction.