Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-02-28
The Trial Of Attorney Il. HlTC.IIus
Nelson Tails Day
THERE ARE FOUR ISncrarNIs.


cliclt' moneys, was plA'ei on UlAl
In Chief Justice MerritYs court this
morning 10 answer four indictments
Tor omuczslrmunL
The nnj indictment proceeded upon
was that In which the defendant u
charged with having omJrzz.ui the
suui Of $40, tho moneys u d. J. T..
Marshall, Tor whom no was aciiIg a.
attorney and collector, on December
2jlh, 1898.
Tho prosecution Ia being hauIiei by
Assistant District Attorney Magiunii
GOT OsIou) aud Attorney Go rye l.,
Nyc. This defendant IL represented
by Attorney d. n. siraup, ifom the
law Office Of Judge Powers.
A good deal Of Interest nrpaarsi 10
DO taken la the investigation, the de.
fondaut being well known 10 the city.
Nelson himself entered tnihusins o..
cally Into the proceedings, sat along
eide his counsel and took cOpl0us note.
on a sheet Of Iaplr ns the Trial pfo.
ccudod.
Dr.. Fnutllu, local mining man,
was tho fiirst witnrta. Hu slated thai
IA the c0utsu VI certain conversation,
during tho absence OF Dr. MnHhali,
Mn. Marshall ruqurstodd .luI defend.
ant - ituu certain m uey over g.
him anu he prom isrd ~ DO d.; tut Wit.
moss hat nsveH received TIE money
on that order.
In cfUst-cxamlnation d. franklin
nnswofui that nothing wa sAii W o.
where the so came from. liu believed
Nelson claimed at that timu tunt the
entire so was not due 10 d. Marshall,
but that some OF II was owing 10 him
on collection. Nelson made 100 denial
or oOncenlmcnt u the fact that hu had
received the $40. Nelson saii tuht DE-
Marshall had certain mining stock boz
his possession belonging 90 him aud
that whUu lac turned II over Lo would
settle with him. The meeting aud
conversation Ia question tlHk place la
witncss's Uiilce. Mfs. MnfhAll had
svllusly told him tuatsdc could not
vet this collected money uum Nelson.
Defendant possibly informed him that
no had other cuargos iUr collection
hkNlAaA Als hhIb aeff W. hN NshAA nus
remember,
Carer rofle, bootsrepsr In Df.
FrAnklin'a vtilcc, trsilnoi that he
heard Nelson say he had received tho
check from Portland, Or, but had TO
send II back tor collection. On q
date subsequent 10 this, wnen
presented with tue order, Nelson
promised 10 settle NJ algiyen time, as
the money was then ai tue bank.
Ia Cr0ss.examinati1u witness said the
defendant told him that Or. Marshall
was then owing him money for suudTy
collections.
Mtp. Marshall, in her examination,
said she remembered bet husband, some
time last summer giving bill VI $40
to Nelson 10 collect for him from pbf.
sou In Portland, OF some time la
December last she received a letter
from law tlrm ia Portland, stating
that tho money (s1Ol hai been Tor.
warded 10 Nelson, anu witness went u
hun repeatedly, but could get no
satisfactory answer, hv stating ifst that
certain proceedings would have 10 be
had IN c0uT, before the money could be
paid over Hnd Afterwards that the
check which he hal received would
have 10 bu returned ~ Portland. Later
he said he believed u had been fe-
crlvod back nj the American National
bank. Up 10 that tins no would not
tell her what bank II was This claim
OF $40 was against man named Rob.
inson, vino upon leaving Salt Lake
went 10 Portland
la tTOH-rxam witness said
she was not aware Of hrf husband
having given Nelson more THAI one
other collection besides lhla Ons, la
her husbands absence from tho city
she herself put two cults into his
hands.
a MIR. Straup-You have o1nsiderab bic
feeling Ia THIS case against iho defend.
ant, haven't you, Mrs.. Mauhall2
Witness We'll, yes, buuauss II gave
me NO much trouble; ! wanted the
money particularly 90 pay the rent.
People must not nave their money
stolen ia these hard times, when they
need II NO badly. (Laughvtrl
In further ctoss-vNsmiuatlJn witness
said that when two Ot three weeks had
passed by after the receipt Of tho letter
she became impatient, ~ Nelson hau
Put her OH time alter time. IL was
after the letter came that lao hfst al.
milted he had the CHECK.
Attorney slrauI-ln conveTsailon
had between yourself aui MI. Flank.
lin In the month Of December In Mr..
Frauklin's office, dld NOT nelson there
anu then, In your presence, state that
he had received the check ana had
sent II back for collection 90 that umt2
WiInsss-Ho told mo DO had re-
colyed the check,
"Was not that IN DuCFmlrI2"
81 cannot tell; bu. know no con.
tinually put me OIL"
j. n. Bacon, Of the Bank OF Salt
Lake formerly the American National
bank WAS called but the defense obs
leoteu TO his being examined, ON the
/ ground that his name ull nor appear
on the back Of the indictment among
the witnesses called before the granu
jury. The objection WAS over
ruled anu an exception taken,
Mr.. Bacon saidlthat uu Dec, lO.h,
1888 Mr.. h. w. Dutman deposited "A
check for $40 At the bank named,
drawn by Emmou, IS lammons, Of
Portland, Or, on the First National
Bank Of Portland, anu payable 10 NJ,
NJ. Nelson. Ii was endorsed ny Nell
son and Dittman. 10 was forwarded TO
the banks san Francisco agent Tor
collection.
In oross,eHaminatl0n wlluess said
that Wheu Naiann himself QIHtl ORE,