Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-02-11

l.. II. Fafnsworth cashier Of the
Union National bank, ut which w, y.
Simkins keeps his account, VIA.
| sworn 10 give testimony ~ regards the
signature. He had been familiar with
~. SINKING signature for a number
Of years and swOfe TO the best Of his
knowledge and belief that the sigma.
ture was forgery.
Mr.. Coad--fOu und erstand that this
was forged signature before you came
here; did you not?
"luR,o
"whst IL the great difference you
notice between this aud the ordinary
slRnature2"
"Well, I suppose y man certainly
ought TO know how TO spell his own
name and write n, too. There " not
the slightest resemblance between hi
and Mr.. Simkius' ordinary signature
save In the X and probably the g."
"DiJ you never see man make
mistake Ia spelling his own nam-2"
"NOt unless lie was very Ignorant"
"Do you recall such a cass7"
81 do not"
W. =. iSimkinH then teatlfied to the
geDuineness Of his signature TO n mum.
Der Of conceded checks. They were
found TO bo very great.
an A VERY rERrLENIN0 POSITION"
Mr.. Murphy then suggested, as the
court was making merely a formal
examination, that Bowman be put
upon the stand and questioned by his
own attorneys, without cros-examina-
ton, 40 that something might bs done
TO solve the great mystery confronting
the court.
Attorney Coad refused on the
ground that the court had no jurlsdlc-
ton.
"Don't you admit, Mr.. CoAd," said
Mr.. Murphy, "that thus court Ia In a
very petploxing position, and that Il
would be but an nct " Justice to all
concerned 10 have Mr.. Bowman 10
upon the stand and olucldatc the mat.
ter as far NJ he cln2"
81 take IT," replied Mr.. Coad, "thnt
when we are brought where we eau
bind and be hound that we shall make
n perfect defense. Tails court not hav-
Ing Jurisdiction cannot expect Va 10
make defense here. II will take a
week to do so.n
Mr.. Murphy-This court IL willing
90 grant you any time that you may
require In the matter.
Mt. Cosd-"We are taking our own
course.n
Attorney Hlles said that he was per-
picked over tho mystefy himself, but
did not think II prudent 10 put Bow
man on the stand la Wow Of tho com.
plica.ious IN criminal and civil way
chat were likely n arise.
Mayor Scott thought that what was
going 10 lie done ought To be- done ut
once, In Justice TO all. n the ease we're
going & another court II should he sent
al once.
Judge Bartch agreed with Mayor
Scott.
County Attorney Murphy said there
were two cOurses open-oue, TO resCind
the con,rsct.b by discharging Bowman,
and the other TO apply TO court Of
equity for ca collation.. So far a. the
present inquiry was concerned II was
merely to form au opinion to deter
mine what position the city should
adopt In future litigation.
81 SIN very sorry" said MIR.
Mufphy, "thnt counsel has seen fit ~
treat MIR. Bowman as defendant
here. IL has not appeared that any
member OF the court has formed an
opinion as TO the genuineuess OF these
signatures. II Mr.. Bowman has any
means OF assuring the court Or their
gunuinencss, lac certainly ought TO
come forward aud do so."
Judge Bartch said he thought the
bond ought 10 be considered ~ valid
regardless OF the NAMES that were
doubtful, A. the other sufrtiVs were
held.
Mayor Scott said Tint Tho rIty ahould
be allowed 10 decide this matter for
itself.
After long talk II was decided to
leave the matter 10 the attorneys to
advise the court aud council what was
beat TO be- done. And 50 the matter TO.
mains IN staIu quo.