The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-09

Bacon, brother of the defendant, and
T. NJ. and w. Holland, one time cash
Ter and assistant cashier of the bank.
Their testimony was chiefly as to the
Sanitarium stock, alleged to have been
owned by the bank. The testimony of
each of these Witnesses was a surprise
to the prosecution, by whom they were
called, as they agreed in stating that
the shares of Sanitarium stock were in
the possession of the bank-an allega-
ton exactly contrary to the one made
by each Of the witnesses some time ago
before the grand jury.
AS soon as court convened in the
morning, Judge McGinniS offered in eV-
idence a letter from the comptroller OF
the treasury, which, he said, called at
tention to the unsafe condition OF the
bank IN October, and showed the mo-
tive for the false entries.
Counsel for the defense objected to
the admission of the letter, and, upon
making the assertion that the paper
had been seized from Mr.. BacOnS per-
sonal effects, We're given permission by
the court to prove the seizure. Attor-
ney McGinnis was put on the stand,
and testified that he had received the
paper from Knox, or Edmunds, just be-
fore the time the grand jury found the
indictment.
Edmunds, who was in the employ OF
the receivers of the bank, was prompt
ly put under a cross-fire by the defense
He said he had received the paper
from Knox and Jacobs, the receivers.
Under examination by Colonel Ellis,
| Edmunds admitted that he had taken
the paper by force from drawer
marked james H. Bacon, private, by
means of breaking the lock He had
| been assisted in this by Judge Dey and
Jacobs.
Attorney Booth made objection to the
admission of the paper as evidence, on
the ground that as it had been seized
from Bacon's possession, it could not be
used in evidence against him, since the
defendant would thus be compelled to
testify against himself.
The court decided that the seizure
had been unreasonable, and sustained
the objection of the defense to the ad-
mission of the paper.
McGinnis thereupon placed the letter
| in the hands OF counsel for the defense
and promptly demanded its return
The defense declined TO release posses
sion of the paper, as also OF BOOKS
demanded by McGinnis, the court hold
! ing that this was a matter at the OPP
| ton of the defendant
The letter of Bacon and the other
/ directors of the bank to the comptrol-
! Ter. upon which Judge Judd was eX-
amined the day before was again
! placed in evidence, after vain Strug-
! gle by the defense to have the paper
! declared inadmissible on the ground OF
irrelevancy.
The letter dealt largely with an eX-
ploitation of the sanitarium stocF
proposition. and after reading this tc
| the Jury. Attorney McGinnis introduced
a series of deeds and transfers, show
/ ING the history of the Sanitarium StOcI
Irregularities
The first was a certified copy, fur.
nished by Recorder j. c. Jensen, of 6
deed of trust, dated March 20, 1880, bJ
which Mark McKimmins and Irene i
! McKimmins conveyed the livery stable
now used for the sanitarlum, TO Jane:
/ H Bacon. as trustee. The deed wa:
given to secure an indebtedness of $50,
| 600 due to Joseph B. Bacon of Ma
coma. Ills. Colonel Ellis opposed thu
admission of this as evidence, on th'
ground that it did not bear on TIT
! issues of the indictment. The cour
! maintained that the evidence wa
proper, as the attempt of the prose
cution was to show that as the IT'LL
never did vest in the bank, the state
ment to the comptroller was false, an(
that there We're several other false en-
tries at about the same period.
Certified copies were also introduces
of a deed executed on Oct. 8. 1891, b.
James H. Bacon, conveying the prop
erty to II. NJ. Bacon for $29, 500, in pur
suance of a sale under the trust deed
and a further certified copy OF dec
dated Oct. 9, 1891, in which
quit claim is given by Mr.. AM
Mrs. McKimmins to H. M. Bacon. Tn
final transfer was a quit claim dec
from II. M. Bacon, who conveyed tn
same premises on May s, 1898, to tn
Salt Lake Hot Springs Sanitariun
company in consideration of the sun
of 81.
IN THE AFTERNOON.
; County Recorder ]. S. Jensen, VIII
was the first witness in the afternoon
testified regarding the location of tn
sanitarium building.
| E. M. Holland, former cashier of tn