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

acter were shown the witness who
identified them as having been pre-
scented for payment which had been re
FUSED and which the defendant had
said he would pay. A batch of eight
/ other notes not dissimilar to those
mentioned were also identified by the
| witness.
On cross examination nothing off i'm
portance was ELECTED from the wit
ness.
TESTIMONY OF L. S. HILLS.
L. S. Hills, president of the Deseret
National bank of Salt Lake, was the
/ next witness. He testified that at the
time of the transactions involved, he
/ had been director in the First Ma
| tional bank of Nephi; that on Febru-
| airy 3, 1894, he had been called to Nephi
by telephone; that he had gone and
that upon his arrival there he had
been taken to the residence of George
Whitmore, where he held a converse
ton with Hague who had admitted
that he had embezzled the funds of
the bank. He had asked defendant if
he did not know it meant his ruin and
Hague had replied he knew it did
Witness testified that Bookkeeper
Hyde had been present during the
whole of the interview and that George
c. Whitmore was present during the
latter part of it.
Witness explained that the Deseret
National was the Salt Lake correspon-
dent of the First National of Nephi
and that the two banks had an agree
ment by which eastern correspondents
of the Deseret National paid the drafts
of the Nephi bank and charged them
to the account of the Deseret Nation
al, the Nephi bank advising the Des-
eret National whenever it issued
draft
Witness was then shown two drafts
and was asked to state whether or not
they had been paid by the Deseret Ma
tional. One was for S1,929.10 on the
Deseret National in favor of ]. c Les
ter and signed by Hague and the 9TH
err was for $1,000. on an eastern bank
in favor of Louis Hecht. jr The for
mer witness identified by memorandum
on the back as having been paid by
the Deseret National. but the latter
he could not say had been paid by his
bank as it bore no memorandum to
that effect He supposed it had, how
ever, owing to the arrangement be-
tween the two banks previously men
toned, and the fact the Nephi bank
may have failed to advise the Deseret
National promptly.
The defense objected strenuously to
the admission of the answer, but it
was allowed by Judge Adams, who
maintained that in the general order
of business such things were under
stool
JAMES c. CLINTON.
James c. Clinton testified to having
deposited $1,000 with the Nephi Savings
Bank and Trust company; that subse-
quently he called at the bank and
asked bookkeeper Hyde how much his
interest amounted to; that Hyde had
hesitated before replying and had then
informed him of the amount, where
upon he had called for his interest in
money and for a draft for the $1,000
payable to Louis Hecht, jr.. of Boston.
He had received his interest and the
draft issued by Hague through the
First National. He had not seen Hague
pass a note to Hyde when the latter
hesitated to reply.
In this connection, the prosecution
will endeavor to show that Hague had
used the $1,000 and that Bookkeeper
Hyde had hesitated because he knew
Clinton had no money on deposit in
the savings bank according to the
books and that he only replied upon
receiving a note from Hague that he
would make it all right. This the pros
ecution viii undertake to show when
Hyde is put on the stand.
At the conclusion of Mr.. Clintons tes-
timony the case was continued until today
at 10 O'Clock.
Judge Marshall resumed the bench to
order that the names of thirty-two venire-
men be drawn. They were.
]. F. Albright Arthur Crocksford, Henry
Ball, William Southwick, ST.. Francis
Armstrong, W. G: Phillip, Nathan Mont
gomery, Martin z. Pack, George R. Hill,
S. B. Atwood, Thomas E. Viessng, B. F.
Knowlton, jr., r. c. Pratt, Henry Seigel,
j. c. Snow, NJ. Richter, James w. Eard-
ley, William H. Dickson, J. H. Lieshman,
James Rowle, ]. T. Whitney, George D.
Alder, Lyman W. Porter, William Tum-
bridge, Charles W. Hughl, Daniel w
Hunter, William E. Stoaker, Joseph
Hollis, c. D. w. Fulmer, Fl. c. Lund,
Herbert j. Follger, S. H. Hill.
The clerk was ordered to issue a venire
for the first twelve to be returned next
Monday as petit jurors, and the remaining
twenty as grand jurors, returnable
May 4th.
During the intervals of the morning
session in the case of the Commercial
bank VS.. the Victoria Copper Mining
company, the complaint was amended
and supplemental complaint fled and
summons ordered issued.
The case of James w. Lofboum admin
istrator VS. the Union Pacific Railway
company ct al, was continued by con-
sent for the term.
William Kahn was admitted to practice
in the circuit and district court ON mo-
ton of Judge HoWat