The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-08-26

The arguments in the bow and ar
row case commenced yesterday morn
ing before United States Commissioner
McNally in the supreme court room.
ATTORNEY RITCHIE
of counsel for the defense movedAt the
outset that the defendants be discharg:
ed upon the ground that the prosecu-
ton had made an insufficient showing
to hold them. The atmosphere which
not by any means a highly moral one,
but there are a great many things re-
preheSible from a moral standpoint
which the court cannot take legal
cognizance of. He said the COM
plant as drawn UP by the county at
torney was the most remarkable docu-
ment it had ever been his fortune to
look upon and, Sin fact" said Mr..
Richie II do not suppose any one eX-
cept the Trainer Of it knows what it
means"
He contended that no evidence had
heen adduced to show that any one
had been induced to part with his
money by any false pretense. AS to
Lafayette, Eddy and the others re-
presenting that Fuery was "Al.
Woods of Denver, the noted marks
man." counsel held that Fuery was as
fully justified in taking that name as
are any other artists who takes a
professional or stage name.
The only person who could have en-
bezzled any money in this matter was
Wells, the stakeholder. and there was
no charge against him now. This
money was never placed in the hands
of the other parties; therefore where
could be the embezzlement? Turning
next to the charge of larceny. he quot
ed the Nellie Berlin (Ogden) case, pass
ed upon recently by the territorial
supreme court. That case he argued.
had no bearing upon the one now at
issue. When the defendants placed
their money in Wells hands they in
tended to part with the title thereto,
conditionally only, but leaving the mat
ter entirely with the stakeholder; and
if Wells did anything wrong with it
the defendants were not at all respon-
sible. 1t was evident that the wit
ness Gibbs, who was the prime mover
in this whole matter, in connection
with Riley-who seemed to have been
little more Discreet, however, in lend
ing his assistance to the methods en-
ployed-thought they had here dead
sure thing. There was no question
about that. Whenever they found
anybody skeptical they took him into
some store and let him see Lafayette
shoot with his bow and arrow: and
while all the witnesses for the prose
cution kept in the, background as far
as possible, yet it cropped out in the
testimony of each one that the moving
cause which induced them to put up
their money was the undoubted belief
that Lafayette could hit that hair
while "AI Woods, Of Denver" could
not, because he could not see it.
There was nothing to show that the
contestants in the match did not in
tend to show UP and shoot on the
morning agreed upon.
COUNTY ATTORNEY MURPHY
County Attorney Murphy, in reply,
answered Mr.. Ritchie's criticism of his
complaint, and for that gentleman's
ediffcation proceeded to explain the
document, adding sarcastically, at
may be that counsel is unacquainted
with the drawing up of complaints for
conspiracy Mr.. Murphy read from
the law on the subject of conspiracy,
and maintained that Quinlan was an
accessory to all the offenses of the
other defendants. To Furey he re-
ferred as "penniless vagrant in this
city," observing that if the witnesses
whom the prosecution had called had
the man, it was not likely they would
have staked a cent of their money
Counsel took occasion in the course of
subsequent remarks to advert to that
"bunco crowd which led Mr.. Suther-
land to inquire promptly: (Which
bunco crowd do you refer to?'
81 refer to your bunco crowd" re-
joined the county attorney with sting
ing emphasis, which provoked some
laughing among the spectators
Mr.. Murphy ridiculed the suggestion
of the defense that because Wells was
the only man to whom the money was
entrusted as stakeholder and because
he turned it over to others in violation
of that trust, that therefore these de-
PENDANTS were not guilty of embezzie-
ment. OF course they were principals
in the crime of embezzlement if the
offense was committed. Why were
these men armed, he asked, and why
did they attempt to conceal their
money, if they were innocent of any
wrong doing? Why did Furey attempt
to conceal $50 of money when at the
police station and afterwards try to
bride police officer if he was inno-
cent? 1t was strange, if this was to
be a bona fide transaction. for the men
concerned in it to have been found w.
ing on the ground near Liberty park
in mud puddles, with revolvers within
their reach and money tucked away
between their Undertaking. Irres-
pective of the dishonorable conduct of
Gibbs, Riley and the rest of them, the
interests of public justice demanded
that the defendants should, neverthe-
less, be punished. Even if it were con-
ceded that Gibbs and Riley had been
guilty of dishonorable conduct, that
did not justify these defendants in
committing larceny of their money.
Mr.. Murphy asked that the accused be
held to await the. action of the grand
jury, and that these cold-blooded, de-
hberate bunco men be not turned loose
upon the community to victimize an
other set of suckers" Gaughterl
ATTORNEY SUTHERLAND
replied to the county attorney and con-
tended there was nothing upon which
the defendants could be held to answer
beyond the testimony of M. P. Wells.
If there was a conspiracy at all. Wells
was an accomplice, and the statutes of
this territory provided that man
could not be convicted on the uncor-
roborated testimony of SUCH a one. It
was clear from the beginning of this
transaction that Gibbs and his. con-
federate amateur buncos intended to