The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-08


were filed by Mr.. w. c. Reilly. who stated
there was deed among them concerning
which there was some dispute and 1t was
important to preserve in. Shortly after
they were brought there Reilly & kaine's
tenogTapher cams in and copied thsm, and
they we're examined by several parties at
different tirss. On the evening of Satur-
day, Feb. 6, he took the bundle into Com
missioner Greenman's Office and read
them in evidence in the criminal pro
ceeding against jackson Bolton, and
on the Sth United States Attor-
ney Varian came into the clerks
Office and he handed them to him telling
him they were of Importance in matter to
be investigated before the grand jury. He
did not recollect whether Mr. Varian took
them out with him or not. but that was the
last be remembered Of the paper.
W. Z. Reilly. assistant attorney in the
criminal examinations and in the civil
action now pending, testified that he had
carried the transcript or bundle of papers
from the Justices court to the district
clerks, stopping in the court room short
time while en- route; that among the eX-
hibits was the deed in que ton. Soon
after the grand jury convened he called
Attorney Stevens into his Office and they
talked over these cases and at that time
| Stevens had some papers iu his possession
which he said he would examine.
Ten days later he heard his CO.
council, Wampler, charging Stevens
with having really defended the parties
and being instrumental in their release
and joined in the upbraiding, because Ste
vens had allowed defendants to appear be-
fore the jury. He last saw the papers in
charge Of Deputy Clerk Loomis, on Feb
ruary 9th. AT that time they contemplated
bringing a civil action, and he went to
| Omaha on the 9th, and few days after to
Atchison, where he saw Tote concerning
the deed and his wife's signature. The
| charge against Donovan was dismissed, for
the reason that he agreed TO unbreast the
whole scheme of the conspiracy, and he
afterwards made an affidavit.
Glen Miller was clerk of the last grand
jury, and as such received the papers in
the Bolton case, but the deeds were not
among them. He had seen Attorney Reilly
in the grand jury room, and heard him
protesting to the consideration of the
criminal case then pending in the commits
sioner's court. Wampen was also in the
jury rooms, and made demands concerning
the manner of the investigation. The de-
PENDANTS were permitted to testify in the
matter
THE DEFENCE
then placed on the stand c. S. Varian, who
| said that he had never seen the papers and
did not know where they were; If they mad
been given to him he did not remember it.
! Such papers would naturally go to Mr..
Stevens for use before the jury.
f. b. Stevens, the assistant attorney,
did not remember to have ever seen the
papers. He had talked with Reilly about
the case and permitted the defendants 10
appear before the jury as in other similar
cases when the case was made. He had
never interfered in the slightest degree in
the civil or criminal matters regarding the
Afr,
| When Reilly served this complaint on him
he stated that these proceedings were in
stituted merely to show diligence and in
order to use secondary evidence In q con-
versGtion had at the entry to the court
room they had quite an exciting talk, in
(which Reilly said their theory of the whole
matter was that some interested party had
fixed the grand jury and stolen the papers
Fred Il. McGurrin, who reported the
hearing before Commissioner Greenmap
testified that during the examination botr
Attorney Reilly and MIR. Ryan stated thai
they knew where Tote was and would
have him here all right.
The defense then called each of the op
posing counsel to the stand but they de
clined to answer the questions propoundeC
to them. When asked what had become o.
the Donovan affidavit Mr.. Kaine replied
II sent it to Chicago, to Mr.. Beattie.'
Arthur Brown-Did you send the deeC
whit?
Mr.. Kaine-Hardly.
THE DECISION
was promptly rendered at the conclusion o
the evidence, the court holding that Their,
was no evidence to authorize the charge tina
the deed had been obtained under false pre-
lenses or that the attorneys were actin,
improperly, or that they were Wilfully cup
pressing the deed in question; nothing il
| i,h,o cfA +h,r =
ever in the hands OF the attornies, and s.
the application for the rule was denied
CHANGE OF FRONT.
The court then took occasion to review
the action of Attorney Reilly in appearing
at the grand jury room as testified to b.
, Witness Miller, and said that by Sc doinj
he had at least subjected himself to tn
severest criticism, having the appearances
of an effort to prevent justice. Il con
) fess," said the Judge, that if l were sur
) Mr.. Riley had considered this action, hi
name would be stricken from the rolls"
Grin P. Miller, member of the gram
jury. testified: 81 don't recollect seein
l Mr.. Reilly in the grand jury case, but
, was approached by him in the hallway
| went out to call another witness. whe
, Reilly asked me what witness was test
. flying. told him Bolton was on the stan
aud he said. WHAT'S he doing there? T.
0 see Stephens about it, A."
E Mr. ReiIly-Do you remember my ash
r ing you if Mr. Stephens was in the gran
q jury room: ~ do. You asked that Que:
} tion''
r Henry Buhring testified that he was
q member of the grand jury and Mr. Refill
( was never before that body.
The Court don't see any other per
, sons here who were members Of the Jury
d l will Dsss the matter for the present. A
= torneys and others must Understand thu
8 II is a disreputable business for attorney
e 10 hang around the grand jury room.
}. This closed the case which caused muc
/ interest to be felt by the local bar. and 6
/ the crowd went down the stairway on
q was heard to say: "If anybody brina
his fightin' chicken to these're diggins he'
@ better get home teller to look after b
a spurs"