Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-12
TIE DISTRICT COURT.
Offenders Against ihs Law Answer
Before Jude BlTtCh.
TIE ALLEGED nuLLIoN STEAL
Judge Merritt Hears M Inlnncllon
Petition aud also Makes
Other Orders.


criminal aud the chief iusllce with
things civil. Nothing more In the
shape Of surprise has boon thus far
Introduced to the notice Of an expect
ant puulic, but Il 10 rumofcd that Gro
Friday closes the grand jury will be
heard itom again. The district at.
torney has been around the courts =
good deal today, but II he happens to
be"in tho know" In regard " any con.
tingency ho keeps II all strictly 10
himself The grand jury hiss been
grinding away today, and expects to
DO through with their labors towards
tho end Of tho present week. Their
iinal report viii be- awaited with more
than usual interest.
cAETEt!s TRIAL CONCLUDED.
Before Judge Barton aad Jury was
resumed this morning the trial OF
ChAfles Carter, indicted for stealing
gold bullion to tue amount Of 81 100
from tho Caino Springs Consolidated
Gold Mining company, on August -
Of tue present year.
Tie malu facts were reported IN yes.
tetday's NEWS. when tho pr1souu.
ton had rested Judge Powers, NJ
counsel for the defense, asked that the
jury be Instructed 20 return erdict
oi not guilty, on the ground Of tho
Absence Of proof that any bullion hal
teen stolen from the company, aud
that as tho Indictment alleged tho
oleusr 10 have been committed IN Salt
Lake county aud the testimony was to
HE ffNHHN NIUH
taken iu lO0elu county, there was
fatal variance. The motion was over.
ruled.
THE pErENsE.
John Sands, Fred l.. MoGurrln,
Sol kimball and John Beohloi tesu.
iied that Garter was Ia a stateni iutoxi.
cation bordering on dclirlum Tor days
before his arrtdL De. II Il. Beatty
testified that lao attended Carter at tho
police station, anu that the isoner
was suffering severely from the fleets
VI alcohol.
London, England, was read, In which
that distinguished gentleman stated
that Carter mad been employed by him
on cattle ranch ia Wyoming, anu
that ho was reputed TO I've an honest
mani
Carter himself then went upon tho
stand. He stated that the bullion he
gave TO Harry Hynds was his share Of
tho Yield Of ore brought 10 him by n
man named Thomas Woods TOT smelt-
luz, lie said that Woods came 10 him
lrst with two sacks u ore from tho
Osceola district 10 DO AssHyed aud
smelted, anu that II ran nearly IS, 900
TO the ton. The stranger returned Ia
two weeks with five sacks VI ore, and
third time with six. rhe las, sacks
yielded $500. Woodo then told him
that the streak no had discovered had
been worked out,and that he was going
10 leave tue country. Woods refused
TO uisclose where the orc had teen Oh.
iaiutd, Us he said he did not want vii.
ness 10 waste money In useless develop.
ments aud gave him ono.thlrd OF tho
product " the ore nH his CONF
ptnuatlOn, After Woods had
gone away witness made inquir-
lee concerning him Ia tho Osceola dls.
tfict, aud learned that tho man was
not known there. He became sus-
picious that the ore had not been
honestly obtained, aud no buried bis
1hAte of the bullion, aud kept II hidden
until he brought II 10 this city and
delivered II 10 Hynds. He tCafte)
made propositions TO Captain donovan
and Detective Sheets because they
had invited tho offer by telling him
they were not here for their health.
His recollection was confessed a. to
his conversation with Chief Pratt aud
Colonel Post. HB had been drinking
30 hard previously that he had con-
lemplatud huiuiIe, and that no had
cRuied his revolver 10 DO locked up In
"a safe Tor lear that he might take his
own lie.
la cfoss-ezsminalion, Carter saId
that he had confessed to y theft " the
bullion because he desired to be locked
~, no that he could not got any more
liquor. de denied that he mad NJ.
tempted TO procure bail aud said no
did not remomOer going 10 Commits
siuner Pfntps Oltlce TO furnish "A bail
bond, Hewas examined closely 80 70
his tiansaetions with Woods, Uut held
to his story.
When the trial was resumod this
morning couple OF unimpOFtAnt ques.
tons were put to Carter by Judge
HOWRt in cross-pxam nation, alter
which Judge Henderson was called.
lhe witueis said he saw the defendant,
who mad sent for him about couple
u days after his arrest, when Ia tho
city jail. Asked by Judge Powers to
dvscribo his condition az that time,
witness said that WAS hard thing to
DO. lie seemed In very bad slate,
both mentally aud physioally-woat
anu very much confused. He could
not get consistent statement from
him; h0 was iucoherent In his OK.
presulOns pnd quite contradictory in
what no said The second time that
lo saw Garter the latter was lying upon
4 lounge Rt the city hall; lao then an.
feared worse than on tho previous
Attorney W. @. Reilly said he knew
he defendant while he reBided In
wyoming aud Nebraska, from theyear
asi on, aud his reputation in those
was good.
The defense then rested ana the
prosecution called George A. Herndfou
u TebuttGl. Nothing VI cOuteuuoucs
vas riiCileu, however.
Tue legal Arguments began at lO.g5
nd occupied the entire morning. Tue
ase went to ths Jury at 1880.
Al . O'Clock this afternoon word
vas brought from the Jury room that
nu JarorO d-slreI to nave tho coutpi
Continued on Fage f,vs.J