The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-13
HENRY EMERSON'S CASE
TESTIMONY TAKEN IN THE EarREz-
ELEMENT CASE YESTERDAY.
Sam j. Kenyon, OF Salt Lake. on the
Stand for Two Hours-Other Wit
neSses

Beaver, Utah, Dec. 12.-[Special via
Deseret Telegraph. More than usual
care was exhibited in getting a. Jury
in court this morning for the trial of
Henry Emerson, charged with embez-
zling a thousand dollars, and it took
till the noon hour before the panel was
filled When completed, such men as
James Andrews, the Texan cattle mil
lionaire and Andrew Corey, Of Cedar
city were seen in the number, the bal
ance showing from Piute, Wayne and
iron counties that had passed the
gauntlet of close examination as to
plas and prejudice. Tom Low, deputy
United States marshal, the first wit
ness, was with the defendant and Nc
carry and others several hours at the
deIendantS place of business between
and IL of the evening the money was
stolen. John kuss was the next wit
ness and he was with the defendant
from till II o'clock D. m. of the same
evening in Eimerson'S saloon, playing
cards. Neither witness testified to
anything material except preliminary
matters preceding the main event Of
the evening
and the injured party, followed and
while on the stand for over two hours,
gave a very truthful cool and clear
statement of the whole matter as be-
tween the defendant, himself and Nc
Garry, detailing how and why the
money was sent to Emerson, his COM
ing to Beaver after the money was al
legged to have been stolen, his CONVEX
sations with the defendant in company
with Johnny Barraclough, when he
promised kenyon he should not lose a
cent OF it but he would give him back
or pay him the money lost while en-
trusted in defendants custody On
witnesses and defendants settling up
for the 81, 800 furnished Emerson last
May to buy scrip with and the witness
asking for a balance still due on same
from the defendant Emerson pulled
out of his pants pocket in the pres
pieces, presumably the same gold as
Kenyon had sent him in September to
buy the last scrip with, and the money
said to have been stolen.
William Hutchings the last witness,
was required to fully detail being with
the defendant in Enerson's cellar be-
tween 1870 and 1 a. m. searching for
some bottled beer when the defendant
says, "My God I'm ruined, the money s
gone" that the defendant had put on
the cellar floor of the saloon with a
quilt loosely thrown over the money,
closing with telling how that the de-
PENDANT was gone from him and others
from the court house some twenty
minutes or half an hour, and it was
after this that the money was stolen.
The trial will doubtless be finished
tomorrow night. The jury was put
under the guard of marshals tonight
and your reporter is doubtful as to a.
verdict being found against the de-
PENDANT. Counsel for the prosecution
s. r. Thurman, W. McCarty, and w
C. Riley, and for the defendant S. A.
Kenner, ]. w Christian and Judge
Sawyer of Phoebe New. The court
house was crowded and the sensa-
tional part will begin tomorrow morn
ing when James McGarry, the deputy
United States marshal goes on the
stand and tells the true inwarness as
between he and the defendant.