The herald., 1894-06-26
JUDGE UTLEY STILL IN.
TRICTATTORNEY DILLON WILL
CONDONE HIS OFFENSE.
The Thrifty PopuIIst Deputy Tells Why
He Made $I.35 Out of Mrs.
Comst0ck-He Was Sorry
for the Lady.

1t was learned late yesterday after
noon that District Attorney Dillon had
made up his mind not to accept the
resignation of his deputy, A. j. Utley,
but would stick by him in spite OF his
irregularity in shaving the warrant OF
Mrs. N. L. CometoCk contrary to law.
That such was Mr.. Dillon's determin-
alton was pretty we'll known around the
courthouse during the afternoon and it
led to the uttersEce of q number of un-
complimentary remarks about the dis
trict attoinev. Amongst other things
alluded to we're the eagerness with
which he had brought the attention of
the grand jury to charges against other
county officials and the celerity with
which they wabYss hYs treatment of Judge
Utley OF his own office. who admitted
his malfeasance in Office in the presence
of the district attorney and who told
him at the time that he had put his
head in halter.
1t was thought at first that the law
providing q punishment for what Judge
Utley did had been repealed, but further
examination has shown that it is still in
is $1,000 fine or imprisonment not to ex-
ceed five years in the state penitentiary,
or both.
All Judge Utley's explanations OF his
acts, since be was confronted with the
matter, have not succeeded in diverting
attention from the fact that ne admit
tedly made $l.35 out Of the necessities
of Mrs. Comstoek.
During the interview with the news
paper men, in which he unconcernedly
admitted his illegal action, ne made a
remark which showed that this was not
the first time he had discounted de-
mande. Turning to Mr.. Dillon, he said
that the Comstock demand was the first
one that he had discounted for about a
year, and called Mr.. Dillon's attention
to the fact that about ysar ago they
| had discussed the matter and concluded
that it was "bad practice"
Last evening Judge Utley left long
typewriter explanation of his conduct
at the HERALD Office. In it he states
that on the com mencement of the trial
of the Roscoe suspects, Mr.. Dillon asked
| him to make arrangements for the board
and lodging of q number oil witnesses for
the prosecution, which he did. He sup
piled them with money. and after the
trial settled up with them after deduct
ing what had been advanced, and took
an assignment of their claims to in
dsmnify himself. He says he paid out
slO7.9O, and received sseignmente
amounting to $103.75, his loss being
S4.l5, owing to the failure of two wit
nesses for whom he paid So 30 to assign
their claims to him.
This would make him $1.35 ahead on
these witnesses il they come in with
their claims.
la regard to Mrs. Comstock's $11. .85
claim, Judge Utley explains that she
came to his Office with the demand made
out by the clerk OF the court. and asked
him to 0 X it. She said ii he would she
could sell 1T at discount of So. He told
her he could not o X demand that had
not been filed. He looked over the
items and saw one for 50. 40 for feed oi
team. He told her he was afraid the
board of supervisors would not allow
this item. She explained that the team
was brought to be used az evidence
Judge Utley says that he then told heI
the item might be allowed; that be fell
sorry for her, and on the impulse of the
moment told her he would give hel
$lO.50 for her demand and take his
chances on it. He took her claim and
gave her the money, The board allowec
the claim in full and he received 81. 81
more than he paid for 1t.
Judge Utley winds up by saying that
ne is ready TO paw Mrs. Cometock bacE
if she calls at his office, and that the d.
mands that he cut we're such as weT(
not made out in compliance with th.
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