The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-19
HAGUE'S DEFENSE.
MIR. BROWN MAKES THE OPENING
STATEMENT.
Defense Will Show That There Was
Nor Intent to Defraud Other
Court Business-GeneraI News
Notes.

Notes.
PROVO, Nov. 1S.-This morning in
the Hague case w. [. Brown was
cross-examined in regard to his con-
rection with the First National Bank
another director, had been an examin-
ing committee and as such had eX-
amined the condition of the bank and
reported to the board of directors. The
minutes of board meeting Of October
4, 1894, and their adoption on motion
of witness at a meeting held January
8, 1895, were introduced in evidence.
The examining committee presented a
report at the October meeting to the
effect that they had examined the Sc
curities and found them in good shape
and agreeing with the books; they had
also counted the cash and found 1t
correct. In March, 1898, he had author
lied Alma Hague to loan Ingram
Bros. $500 of his money. He had
never seen the note Ingram Bros. gave
for this loan. and in settling a $500
note he owed the bank, which took
place on October 2, 1894, he had applied
the Ingram Bros. note on that.
Mr. Brown said: May it please the
court, before we proceed with the de-
Tense [ have a motion to make. Mr..
Brown then moved to strike out the
testimony of Mr.. Whitmore, for the
reason that after he had been placed
on the stand by the prosecution they
had sought to impeach him and de-
stroy his testimony by trying to prove
that other testimony had been given
IN other places, and for the reason
that the defense had not been permit
ted to recall him for: cross
The motion was denied.
Browns Statement.
Mr. Brown then made the opening
statement The defense would show
that the charge against Alma Hague
was not true. He was charged with
making a false entry in entering the
Ingram Bros. note on January 3, 1884.
The defense would prove that the en-
try was a true one in every respect
The meaning of the entry would be
considered; the Indictment charged
that the entry meant that at that date
Ingram Bros. had borrowed $575 from
the bank on that date and therefore
owed the bank that amount. The de-
Tense would show that the entry did
not necessarily mean that, but that it
might mean that the bank had
bought the note. They would also
show that there was no intent to de-
fraud and deceive, and that the bank
was not defrauded, and that no one
was deceived. On the 18th day of
June, 1894, W. I. Brown borrowed
from the bank $500; the interest was
added to it and the note was made
for $61S On October the note was
paid and he believed that if the note
was here it would show that the note
was paid by renewal. 1t would be
proven that if any note was forged on
the 3rd day of January, 1894, it was in
favor of w. /. Brown, but the proof
would tend to show that the note was
legitimateiy entered and applied on
the payment on the note owed by Mr..
Brown on January 5, 1894. The de-
Tense would also introduce evidence to
prove the good character of Mr..
Hague.
Mr. Brown here earnestly spoke. Of
the good record of the defendant in
the past, which would tend to show
that he was not guilty Of the charge
brought against him. The defendant
was visibly affected during this por-
ton of Mr.. Browns address.
John r. Twelves, cashier of the
Provo Commercial Savings bank, Of
Provo, was the first witness. He did
not think the signature on the notes
introduced in evidence was written by
the same person who wrote the body
of the notes, nor that they were writ
ten by Mr. Hague. Herman Martin,
of Martin & Swasey, bankers, Provo,
was next called. He did not believe
the signature of the eight notes and
the endorsement on the Ingram note
was written by Mr.. Hague, nor that 1t
was written by the same person who
had written the body of the notes.
Other Court Business.
M. A. Delano VS.. the Mammoth
Hill Mining company, is the title of a
suit filed in the First district court.
Plaintiff alleges that he is the owner
of the Illinois mining claim in Tintic
mining district, and that the defendant
corporation has included a portion OF
said claim in survey of the Louisa
claim owned by the defendant cor
poration, for which an application for
patent has been made. He asks that
he be adjudged the owner Of the Illi-
nois and for an order restraining the
defendant from extracting ore from
the claim pending a decision in the
case.
William K Reid vs. Herman J.
Christensen; case dismissed on motion
of counsel for plaintiff, at plaintiffs
cost.
Thomas F. Cochran VS.. Louisa J.
Cochran; judgment for plaintiff fer
S1S410, principal and interest.
First National Bank of Nephi vs..
Scofeld Bros; continued for the term
by stipulation.
BENJAMIN Bachman's Funeral.
The funeral services over the re-
mains of Benjamin Bachman were
held yesterday afternoon at the Fourth
ward meeting house. The attendance
was very large, many finding it impos-
sible to gain admittance to the build
ing.
Members of Story lodge, No. 4, F.
& A. NJ, and visiting Masons and
members of the Garden City lodge, No.
IS, A. O. U. W., of which orders the
deceased was a member, met at their
lodge rooms and marched to the resi-
dence in bodies. From the residence
the casket was taken to the meeting
house, followed by the lodges. the
family and the many friends At the
meeting house Hon. W. H. King Of
fered prayer and Elder T. S. Jones.
DR.. K. G. Maeser and Elder Reed
Smoot, of the stake presidency. made
appropriate and consoling remarks. re-
ferring to the many good qualities
and the useful life of the departed.
Beautiful music was rendered by
Boshard and Pyne brothers quar-
tette.
Masonic ceremonies were next con.
Quoted. after which the cortege was
formed and proceeded to the cemetery
preceded by the Dartin band.
The hearse was followed by the A
o. U. w. and Masonic lodges on foot
the family, relatives and friends in