Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-07-29
The. KELLEY LIQUOR CASE,
One Witness Examined And Case
Postponed Until Tuesday.


After the NEWS had gone TO press
last evening, the ca.e oi Edward kel.
hey, proprietor Of the BJou saloon on
State street, charged with selling
liquor on Sunday, came up before
Police Justice Kesler. The courtrooh
WINS filed to OVERLOOKING with police
ofiicore, salDou.men and hubituce Of
whisky shops.
In the absence Of Judge Powers
Attorney s,raup appeared for MIR.
Kelley. He asked that the case be
continued for the reason that Judge
Powers was engaged In the Third
District court. Assistant Prosecuting
Attorney Cpad refused to grant the
continuance unless satisfactory at
fragments could be- made to take the
deposition Of Witness Lumpkin who
WIS about % leave for Idaho.
This was agreed TO and soon after .
O'Clock, Mt. Lumpkln appeared In
court M did also Judge Powers and
Court stonographer Mcdurrin.
Lumkln test fed that ne aud
friend named Benson had called NJ
Kelley's naloon on Sunday las, ut 10
O'Clock am. aud bought two glasses OF
beer for which he paid ten cente.
Judge Powers questioned the witness
closely aud confirmed what had been
intimatcd, that he was going to Idaho
10 engage IN mining.
Judge Powers read the following
which he said had been torn from one
VI tho walls In the police station few
minutes before;
This agreement wltnossoth that :. J.
Lumpkin proposes 10 40 on n prospecting
tour 10 make locations wherever prac.
tIcablo Of miuos bearing IMMORAL. partlc-
ularly gold and silver, and that tho
undersigned proposes 10 pay tho sum of
s. per month each, aud In oonsidura-
ton OF snid payment each subscriber N
To- huyo an Oqual and individual share Of
all discoveries made nv tho said Lump
kin. Tho said lumpkln reserves 10 him
sol the sum Of So pur month ~ cOmpen-
sulion Tor his services, aud the remainder
OF the money subscribed to bo devoted 10
tho purchase uf "a wagon and team Of
horsca and general prospoctor's outilt,
titlo tn which shall be- vested equally la
all the subscribers. Tho payment OF the
sum oi money before named 10 be
monthly aud placed toag neral fund, to
be paid out a. occasion requires on
Vouchers OF said Iumpkin. In witness
whereof We have horcunio set our hand
this 2Oth day Of July, lspa.
The witness said that he waa the
Lumpkin referred 10 In the above docu.
ment, ana that the paper was drawn
up by City Recorder Stanton; that he
had posted Il In the police department
where II could be seen.
lilo had never been employed by the
police department; denied that he
expected remuneration for his testi.
mony In this case; denied that he wac
endeavoTiug 10 work the city officials
In any kind Of n scheme; ad.
United that he would as soon work
for them as any one else, admitted
having approached tho chief Of police
on the matter; the chief did not sign
any document, no One had suggested
To him thc impropriety OF posting the
paper la the police station; was not
asked TO 40 TO Kelley's saloon ON sun
day last; was not spottoE; could not
remember whom he told that he
bought beer nj Kelley'- place on Sun
day; did not appear ~ n witness because
he wanted 10 injure Kelley; no OBJ
Jec,ions had been made 10 him posting
the notice referred TO In the police
station; Kelley did not sell him the
llquor but believed hts partner Mr..
Reilly did; had also bought bvcr Mt the
Valley House, st. Elmo Hotel and
the Californian saloon on Sunday last;
did not tell Kelley aud Reilly that he
would leave the city without tcstifying
II they would pay him for doing Il.
This closed Lumpkins testimony and
further inquiry into the case was post
Ioned until Tuesday next.