Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-07-18
A new TRIAL GRANTED
In The Case Of Charles /. Blazer, Con.
yICted Of Bmbeislsment.
ArPIDAyITs AND COUNTER AffI.
DANirS.
Judge Zane Decllres TO Reduce the
Defendants Hall at Present.

cNnrHt oi emu aAlluF money utluuklhk
to the Utah National Bank In this
city. This having failed,
counsel then moved for a new
trial, ON the ground Of newly.dls.
covered evidence. After considerable
argument, Judge Zane directed that
tho matter stand over til today, 20
that, In the meantime, the ailidavlts OF
two fresh Witnesses named by the de.
fcuse, and who, II was stated, would
Throw new light upon the case, might
be obtained.
This morning Mr. Hamilton, the de.
fendants attorney, attended before
Judge Iaue and presented his aillda.
Wits, the substance VI which Is given
below.
Johu y. Davis, Of Omaha, Douglas
county, Nebraska, states that during
the past year lie acted on divers occa-
sions ~ an agent and employe Of the
Don Carlos Lumber Go. lie was In
the banking office NJ the Commercial
National Hank Of Omaha on the day
when n dram fof $500. In favor Of the
Utah National Bank, made by Charles
l.. Blazer upon said company, was ac-
cep,ed Al that time he was asked by
Mr.. Willard, whom afilant took 10 be
the cashier of the tank, or n person
having authority In II, whether
the draft would be paid when
due. Aiilant answered that he
could not state authOratively
whether II would or not, but that the
company was In tho habit u paying
drafts accet tod by II, aud that Blazer
had always lad authority = and
had at that time - 10 make
drafts upon tho company Mt
his discretion. Aiilant further stated
at the time that the Don Carlos i.um.
lor Company, ~ lie believed, was not
insolvcnt, bat had property worth nom
go, 900 10 $4,000. on the day when
the said draft became due no one rcp.
rrsrntlng the bank called at the office
10 collect the amount due thereon,
though ailiant had expressly directed
Willard TO present II or have II pre-ent-
ed Tor payment at his (DsvlAD Office.
Aiilant was Ia tho habit frequently OF
paying draf,s AMI other obligations out
Of his own MONEY, aud OF being rrim-
bursed 10y the company Afterwards. II
said draft hal been presented 10 Riiiant
at maturity, he would either have
paid II out " the company's money In
his hands or out Of his own. Ailiant
truly believes that the company N still
solvent, having means aggregating
from so, 900 10 $4,000.
Frank a. klngnian, Of Greenfield,
Ohio, declared that he had known
Blazer Tor nj least twelve years. AZ.
fiant had business Interests In the Don
Carlos Lumber Co., being also It's sec.
Rotary. He WINS present on or about
the 18th of March. 1891, when GER
tain draft, dated March 18th, 1891, f0r
$500, In favor OF the Utah National
Hank, Salt Lake City, signed by g. l..
Blazer, manager OF the Don Carlos
Lumber Co, was presented for ne
ceptance. said draft was duly aud
legally accepted, aud was 10 have been
presented soon AFTER for payment, hut
" never was presented except at the
time II was accepted. The Don Carlos
Lumber Company was then and N
now indebted 10 q. L.. Blazer In the
sum OF $500. At the time tie draft
was accepted the company had ample
funds with which TO play, and intond-
ed 10 have paid, the 5000 draft had II
been presented for that purpose. Iu
March last the company was perfectly
solvent, and Blazer owned over 5000
u the $50, 900 Of capital stock.
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