The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-04-15

Tn the Tinted States circuit court yes
4erday Judge Elmer B. Adams, sitting
for Judge MarAhall, took up the Alma
Hague enbezzlemeLt case at the open
ing of court at 10 o'clock. The motion
for a continuance made the day be-
fore bv the defendants counsel was ar
gued briefly by Attorneys Henderson
and King for the defense, favoring the
continuance. and District Attorney Judd
and Judge Howat for the prosecution.
The point raised by the defense in sup
mort of the request for a continuance,
was the absence OF Senator Arthur
Brown. chief counsel. Judge Adams
overruled .he molten and then heard
arguments for a consolidation OF the
cases. Eleven of the indictments be-
ing of a similar nature it was decided
by Judge Adams to consolidate and try
all at once.
The prellmfnaries being disposed of,
the remainder of the morning session
was consumed in impanefing a jury.
Twenty-six veniremen were examined
before the twelve jurymen were select
ed 10 try the case They are.
BENJAMIN NJ Smith, Hyrum De Fries,
Sylvester H. Reeves, Beber c. Iverson,
Warren C. Child, Hector w. Haight
George C. Lambert, William d. Rob
inson, Albert C. Smith, Lidyard NJ
Bailey. David C. Dunbar and Clinton
J. Moon.
The trial proper began with the open
ing of the afternoon session when
Judge Judd explained the indictments
to the jury and stated what the pros
ecution expects to prove. The defense
waived statement and examination of
TS,,-
three witnesses were examined and the
proceedings till the hour of adjourn
ment were marked by a running fire of
objections by the defendants to almost
every important question. They were
generally overru1ed, however, by Judge
Adams, who evinced a determination to
go 30 the bottom of the case in every
detail
At the hour of adjournment the point
was raised as to whether the court
could sit today. which as Arbor day
is a legal holiday. Judge Adams ex-
pressed a desire to pay due respect to
state laws. but held that the state stat
utes do not extend to federal institu-
tons and inasmuch as the case is ex-
pected to consume several days in trial
decided to hold court.
The testimony adduced during the af
ternoon was practically the same as Of
fered by the same witnesses when the
case was tried at Provo some time ago
which trial resulted in a disagreement
of the jury. Such new points as were
brought out were not of great impor-
tance.
Three days will probably be suff1-
cient 30 try the case.
PRESIDENT wHITMoRE TEST
The first witness called was George
G. W-hitmore president of the First
National Bank of Nephi. the funds of
which bank the defendant, Alma
Hague, is alleged TO have embezzled
while officiating as cashier.
Mr. WhitmOre had hardly commenc
ed to testify before Judge King, for
the defense, began making deter
mined effort to prevent the admission
of any evidence for which there was
any ground upon which 10 question its
admissibiliry Among Judge Judd's
first questions of the witness was:
What relation are you to the defend
anti"
Judge King promptly objected on the
ground that it was immaterial. The
objection was overruled and an excep-
ton noted, the witness answering that
NE was a brother-in-law Of the de-
PENDANT.
Witness being asked when he be-
came president of the bank in ques-
tion, Judge King again objected, con-
tending that it was outside the case
entirely, that the indictments for
which the defendant was on trial were
for alleged offenses committed in 1893
and hence any question going beyond
that time was Irrelevant
Judge Adams ovenruled the obiec-
ton, taking the position that it would
be impossible to take up the case as
though the actors in it had all dropped
into existence in 1893. To get the his
tory of affairs connected with the
transactions the question was al
lowed, an exception being noted
Mr.. Whitmore then testified to talk
ing the place Of Hague as cashier of
the First National bank and the Nephi
Savings Bank and Trust company
while the latter came to Salt Lake
to attend the session of the legisla-
ture to which he had been the fall
previous elected, 1t was at this time
that he found some discrepancies in
the defendants accounts and had in
structed Bookkeeper Hyde to telephone
Hague TO return to Nephi.
Hague had done so and had ex-
planned that the moneys which an
peared to be short, depositor had
given him permission to use. He had
returned to the legislature and had
been gone bit a few days when more
discrepancies were found. Again fhe
defendant had been telephoned in the
same manner and again he had ex-
planned matters in the same way and
apparently satisfactorily
JUDGE KING TAKES A HAND.
At this point Judge King was given
permission to ask a question of the
witness which was granted. He asked
IL the matters of which he had inst
testified were specified in any of the
counts. Upon being informed thew
were not he moved TO strike out the
testimony. the motion being denied on
the ground that it was a part of the
history of the case.
Continuing witness testified to find
ing notes which the signers refused to
pay, claiming they had never been
uttered by them. The defendant had
neen recalled third time and upon
MS arrival at Nephi witness had asked
the defendant what was the matter
with the affairs OF the bank Hague
had replied; II have been ieceivinp
my friends" Witness had demanded
defendants keys and had told him to
go home and return after business
hours and explain. Witness had at
that time revealed his populations say
ing they aggregated not to exceed 500
UOO and that the money had been lost
IN mining speculations, etc.
witness was shown a note purport-
ing to have been issued by one Evans
who had refused payment. Witness
identified the note and testified when
he had called the attention of Hague
70 the fact that payment had been re-