Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-29
CASES IN THE COURTS.
The Smith-Middlemiss Libel.-fhe
L. s. Marshal After Bagnios.
rn1Rn DISTRICT COURT.

libel IN publishing = IA
! John r. Middlemiss. Mr.. Critch
: low is being assisted in the prose
: cution ~ ;. ". Darke, while Ste
/ ! phens and Schroeder are the at
5 | torneys for the defendant.
The circular alleged to be libel
: Gus reads as follows:
= Chief of PoIice-Jnhn p. Middle
miss, alias Captain J. r. Middle
miss, about forty-eight or fifty year.
Of age, weight about one hundred
and seventy or one hundred and
eighty pounds; about five feet ten OF
eleven inches in height, dark COM
plexiOn, black eyes, gray hair, cut
short; stout build, big fiat boot, No.
10. At present tune he is clean
shaved, excepting a small dark or
artificially colored moustache,
which he usually wears pointed at
the ends. At times. however, he
wears q large, fun beard, heaviest
on the chin; dresses well, looks gen.
teel. II is said he has kept n drug
store; has also been a life insurance
agent and claims 10 be n mining ex-
/ pert; talks German and French, but
| il is believed he l. a Canadian of
Scotch and French descent. He has
a good eddress, with much cheek
and impudence, and is what is called
| by crooks n smooth mug" He is
much addicted to drink, and when
under the influence Of nquer, " hich
is about twO-thiris Of the time, will
become engaged in saloon broils and
fsticuf. He has no doubt operated
in various parts Of the world under
| different names; he is a good scribe
and writes very rapidly. His hand
writing in letters and bills Is in my
possession, and I am satisfied he is
crooked and Is wanted in different
localities. 1t is said he is well
known to Hughy Geary and has
done time with him. Geary has
worked as all around confidence aud
sure thing man in Denver and other
western localities, including the Pa
cific Coast.
Middlemiss, like all other chsrac-
ters, viii squander mcney freely
when he has e and will not hesitate
to blk hotels and run his face IN
saloons when without money. In
saloons he will assume all the dig
nifty OF a man OF unlimited means.
He will sing comic Scotch songs
when meeting Scotchmeni in saloons.
He has asserted that he was a cap
/ tain I'm the Confederate service and
mas endeavOred 10 get the MOTmOns
to baptize him into their Church,
telling them that he could go south
and by making one speech raise an
army Of lO,O9J men and lead the
children Of Israel out Of bondage,
etc. He succeeded in swindling an
old man here, over the age Of seven
ty, out of eleven town lots, the pro-
ceeds Of which he squandered. and
the transaction was done in such a
clever manner that 1 doubt If he
can be convicted. As 4 mining
man ne is a fraud; he knows moth
ing, neither theoretically nor prac-
ticIlly about mines nor minerals.
He has been "pulled" in vari-
Gus places on the Pacific Coast
and Canada: was arrested for
embezzlement in Virginia City,
New. about 4 year ago. Some years
ago he SKIPPED cut from Montreal,
Canada, where he left many credi-
tors to mourn his very sudden dis
appearance. From his general
makeup, his actions and eXpressions
Jne Of which is, II fear no man,
but fear my GOd,'' ! believe that
he has at times in his checkered
career turned his attention to
preaching in the capacity Of what is
known a. the itineTani preacher.
His assertions that he has been a
captain in the Confederate States
service is not only shameful lie,
out it Is an outrage and gross libel
on the people o. the south. All Off
GERS OF the law whose business il is
10 hunt down and bring to Justice
rAgues, frauds and travelling bilks,
are respectfully requested TO furnish
me any information they may have
or may obtain concerning the above
described character.
Respectfully,
JAMES l.. SMITH, detective.
OGDEN, Utah, L. :. A., Feb. y.
1888.
Captain J. II. NIiddIemiss was
called and testified that he was the
party mentioned in a circular. He
saw smith IN the land Office in this
city AID received from him one Of
the circulars.
L. ID. r. Thompson testified that
he was familiar with Smiths hand
writing. He was shown a letter
purpOrting TO have been written by
the Defendant to Governor West,
and said the writing looked like
Smiths.
Mr. Ellis, Of Ogden, testified that
Smith some time ago handed him
circular. but was unable to identity
the above As the one.
The prosecution rested and Mr..
Stephens moved for n dismissal on
the ground that no publication Of a
libel had been shown.
The motion was taken under adj
visement, and r. n. Allison was
called by the defense and testified
IN t some time ago Mr.. Middlemiss
told him that one J. r. Middlemiss
had been arrested in Nevada for
embeZziement, but that he was not
the party.
Judge Anderson this morning
Overruled the motion 10 dismiss the
case and the trial proceeded.
J. r: Middlemiss was called for
the defeI4se, and testified-I have
resided IN salt Lake one year; before
that was year in Ogden; came to
that place from San Francisco.
Mr.. Stephens-What is your
weight?
Mr.. Critchlow-we object to that.
Mr. Stephens-1he defendant is
charged with libeling Middlemiss
10y publishing his weight.
Then followed a discussion Of the
question, at the close Of which the
court ruled that the question should
| be answered.
Witness weigh about IS2; am
- years old; wear a No. 5 shoe. not
No. 10; never artificially colored
my mIstache; never wore a full
beard; never kept a drug store; have
been an Insurance agent; was born
either in Stafford County. New
/ York, or in Montreal, Canada.
Mr.. Stephens-Are YOU cheeky,
or impudent!
Witness-You may answer that
/ yourself. 49,
Mr.. Stephens-Are you addicted
TO the use Of liquor?
Witness-I allow no mau to say
what ] shall eat or drink.
Mr.. Stephens-Have you been
under the influence Of liquor?
Witness presume | have been.
was on the night Of the Liberal
victory.
Mr.. Stephens-were you sober
the day before:
Witness-I don't know.
Mr.. Stephens-Haven't YOU been
full a good many times?
witness-Yes, I've been fall a
good many times and I'm not
ashamed of it.