The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-03

stated 10 him the facts concerning hi
dishonesty in the handling OF tn
company's property so far as had com
10 the knowledge of the company, an
also informed him that the claim hai
been made by Mr. Parsons that during
the past three months the compan,
had lost by theft no less than SIS DOC
also stated 70 Mr.. Linnell that tn
first desire of the company was TO re
cover, il possible, the property that hat
been stolen from it, and that If h
would assign to some person, in trus
for the company, his stock and Danl
accounts until such time as il cOulC
be ascertained definitely what hi
! shortage was. and until he had re
/ funded the same. he might go his way
as far as the company was concerned
but that If any other person should in
! sIltute criminal proceedings agains
4 him the company would not withhold
from the prosecution any information
I bearing on the case that il possessed
but that if he refused to do this he
/ would be arrested for the larceny oil
the amalgam and for the embezzle-
ment of the property of the company
which had come into his hands while
ne was managing agent. Mr.. Linnel
made no reply at the time and we left
MIN. During the afternoon he stated
that If he was arrested he would also
cause the arrest of Mr.. Lee and Mr..
Ellis.
THAT same evening we caused the
arrest of Mr.. Linnell on both charges,
WhereupOn he was admitted TO bail,
ana Immediately he swore to a COM
plant charging Lee and Ellis with the
theft of the amalgam.
The examinations were set for Mon
day at 10 a. M, but at that time Mr..
Linnell asked for a continuance of the
NJ he ING hi for
period of five or ten days on the
ground of the absence of an alleged
necessary witness, which was granted.
Whereupon the charges against him
were withdrawn, as we could not con-
veniently, to counsel and Witnesses
some of whom reside in Salt Lake
return to Tuscarora at that time; and
we caused complaints to be sworn out
against Mr.. Linnell at Elko. which is
on the railroad.
We then proceeded to the hearing
in the case against Mr.. Lee and Mr.
Ellis. There were but two witnesses
sworn by the prosecution, neither of
whom so much as mentioned Mr.. Lees
name in his testimony, direct or cross,
and only one of the witnesses men,
toned Mr.. Ellis in his testimony, and
his statement and only the statement
concerning him was that either on the
evening of the 14th or 18th, ne could
not say which, between the hours of
$3.50 and 10 o'clock, he saw a gentle
man who was on the opposite side of
the street from him, whom he took to
be Mr. Ellis, walking down West ave-
nue.; that the gentleman, who ever he
was, was walking at an ordinary gait,
and that there was nothing in his
manner calculated to attract attention,
Whereupon the prosecution rested. We
did not move a dismissal. but put Mr.
Lee upon the stand. and also Mr.. Ellis
and Mr.. Parsons, and proved by them
that they were all three together from
before O'Clock and until after II on
the nigh[that the amalgam was stolen,
being all that time in Mr. Lees room
at the hotel discussing the affairs of
the company. the claim of the prosecu-
ton being that the amalgam. by who
soeVer stolen, must have been taken a
few minutes before 10 o'clock.
The charge. of course, was dismissed
against Lee and Ellis without argu-
ment
The same evening the sheriff of the
county received by telephone a copy
OF the warrants against Mr. Linnen
Early Tuesday morning the sheriff
placed Mr. Linnell under arrest Mr.
Linnell promised to be ready to start
with the sheriff for Elko within an
hour, but when the time arrived he
refused to go with him, claiming that
he could not be arrested upon a war
rant transmitted by telephone. A mes
senger was then dispatched from Elko
with the original warrants. and about
noon Linnell and three of his conlpan-
ions left Tuscacora secretly, having
previously secured two buggies which
were stationed west of and out of sight
of the town. All four were known to
De armed shortly before their departure
and the last we heard of them the
sheriff and his deputies were in pur-
suit of them. and at the hour when
we left Elko Tuesday evening we teIe-
phoned to Tuscacora and learned that
nothing more had been heard of the
pursued or the pursuers''
Since the foregoing was written a
telegram has been received from Elxo
stating that Linnell and party had
been overtaken and arrested by the
sheriff after a chase of % miles.