Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-04
GlFFPORD'S SECOND TRIAL,
This Time POr Utisrins a Forged
Railway Ticket.
A FORMER AcQUirrAL PLEADED,
But the Court Declines 10 Enierlaln
1.-THE Evidence. Other
Buslucss To-day.
A FORMER AcQUIrrAL PLEADED,

An important criminal case was
tried In the Thlrd District Court today
before Judge Anderson. II was that
Of the People OF the Terrritcfy W.
FnnkiB. Clifford, charged with Ut.
terlng forged railway ticket Of the
Union Pacific. The Importance in a
legal sonse was the judicial construc-
ton placed upon the statutory defense
Of previous acquiltal or convio-
ton, neither appearing except as
n presentation OF II by the defense.
II will be remembered that the defend
ant wns tried on Thursday last on n
charge growing out OF the same clrcum-
stances or set Of circumstances, and
acquitted through n variance between
the indictment and the proof, the
charge then being forgery. This time
the indictment was for uttefing and
disposing ofihc same instrument which
he was then charged with having
forged by changing it, date.
Christian Jensen, tho victim Of the
misfil pasteboard, was the first witness
called by the prosecution represented
by Mr.. s,ephens). Before hebrgan his
statement counsel for the defense tMr.
Morsc) objected to any evidence being
given for the reason that tho complaint
did not state facts sufficient to consti'
tute nh offence, the question being
whether n railway could sell limited
tickets iof lees than the regular rates. II
not, therc waa no defraudlng.
The Court thought this ground for
| demurrer, and overruled the objection.
The witness then proceeded. He
bought the ticket from defendant
on the 9th of December last. Noticed
him placing isinglnss Ola tho ticket
aud changing the date. Gave seventy
five cents for IL.
Conductor Brown took this ticket
| from Jensen and returned II ~ no
good; then collected full fare.
Mr.. Cfalg, agent of the company nj
Provo, showed by his record book that
| tho tlckot--good for round trip TO
Salt Lake In nine days-wRs bought
Ia his offlcs ON August let. The
regular rate was 81 each way, but this
one sold for 81 the TIP; II was the
regular round round trip rate.
Mr. Pinder, Of Ogden, had had n
conversation with Clifford about
changing tho dates on passenger
tickets, the latter showing that there
WIS money In It. Witness asked him
| II he couldn't make money without
fesortlng 10 such measures AZ this. lie
was In business with defendant tnon
but not lately. The latter ALEC ex-
planned how isinglass could be used
effectively In tho accomplishment OF
the purpose named, and showed up the
whole performance. Clifford took
$1,000 Of my money and squandered 1t,
and once threatened him with the
penitentiaTy II he did not do me
Justice.
The ticket, or rather coupon, was
then admitted to Evidence.
The defense put the defendant on
the stand frst. He In u ticket broker
on Main Street, this city. He made n
general denial" OF all the foregoing.
| Never used isinglnts and didn't know
what 1t would do. Had nothing to
change tickets with.
Mr.. Carrlgap, who occupies the
same office with Clifford, was familiar
with the latter's desk, pigeon holes,
etc., and Ind never seen any such
raph.rnalia there as that spoken Of.
Mr.. Mcdowell was working Tor de.
PENDANT In December last, and testified
similarly to tho previous witness.
Tho attorney for the defense. then
offered In evidence the record Of the
court containing tho former trial and
Aequittal. This was objected to by
| the prosecution rs lmniaterial.
Quite n discussion here took place
over the question previously stated,
participated In more or less indis.
criminately by his honor and
both the attorneys. The for
mer held, aud he Ind previous.
| ly announced that 1t was one thing
TO forge an instrument In writing aud
another thing altogether to utter or dis
pose ofthat thing; while growing out
| OF one transaction, they might, In Tact,
be committed by different persons and
tho conviction or ncquittal Of ono
would be no bar 10 the prosecution OF
other. IL Jensen himself had passed
tho forged ticket with the full knowl.
edge that It was NO, he would also be
guilty under this statute. The obiec.
lion was sustained.
The arguments OF counsel were con.
cluded at 2 O'Clock, and Judge Ander-
son at once charged the jury, who then
retired.
OTHER PROCEEDINGS.
John q. Smith ct al. vs. A. y. Sip
perly Ut nj. Leave to answer ON In
tervention by NJ. ]. Gray Vt nj.
j. A. Mcdonald n Co. vs., A. +.
Sipperly ct nj. Leave TO NJ. j, Gray ct