The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-04

Judge Marshall opened the United
States district court yesterday morn
ing, and the trial of the embezzlement
case of the United States VS.. Richard
II. Cabell was commenced. Cabeil was
indicted by the United States grand
jury on the charge of embezzlement, in
having unIawfully kept public money
to the amount of $S,360.6S. while acting
in the capacity of deputy United States
collector Of internal revenue Tor lOlah.
The government is represented by
District Attorney John w. Judd, AID
the defendant by Messrs. c. S. Varian
and Frank Pierce.
The jury empanelled is as follows:
]. NJ. Chamberlain, John Hanford, E. l..
Pierce, A. c. Call, George j. Wells,
David Henderson, B. w. Ashton, L. S.
Haywood. ]. T. Harris, c. c. Brown.
John Robinson, A. L. Anderson.
The first witness was John Moftet,
of Helena, Mont. Immediately after
the witness took the stand, the defense
objected to the introduction Of evidence
on the first count of the indictment,
because it does not charge public Of
tense against defendant.
OBJECTIONS TO THE INDICTMENT.
In arguing the objection. Mr.. Varian
contended that the defendant was
charged with being public officer ana
having in safe keeping public money.
whereas he was not a public officer,
but a deputy under the internal reVe-
nue. collector, Richard w. Lyman. to
whom he was responsible. The secoad
and third counts were objected to for
the same reasons. The objection to
the fourth count was that whereas de-
PENDANT is charged with a public Of
tense. it does not inform him of the
nature and cause of the offense in this,
e. h. oil md
embeZZlement is anywhere stated. The
fifth count was objected to because it
does not charge the commission of
public offenSe: does not inform OF the
nature and character of the charge, as
required by law, in that it is Impossible
to determine whether the government
seeks to prove embeZzlement of money,
stamps, or property, or the nature.
character. or kind of stamps, or the
value thereof. Counsel objected to
each of the five counts, because the
time of the commission of the alleged
offense is not specifically or certainly
specified in the Indictment.
Judge Judd, in reply, argued that it
could not be successfully contended
that Cabell was not a United States
officer. and that as a deputy he was
in possession of public moneys belong
ing to the government, and was re-
sponsible to the government for the
same. IN eacn count II WdS d-lezSu
that the money and property came into
the defendants possession by virtue Of
being a deputy collector.
OBJECTIONS ONERRULED.
Judge Marshall overruled objections
to the first four counts. but sustained
the objection to the fifth.
The examination of Mr.. Moffet was
then proceeded with. Witness said he
had been chief deputy collector of in
-ls 49, H.,
tana for Is years, and became acting
collector in 1897. He had charge of the
records while Cabell was &C ing as dep
uty collector for Utah. Said Cabell en-
tered Office Feb. l, 1894, and ceased Feb. !
%. 1897. He sold stamps and reported
monthly, depositing the money in the
DeSeret National bank. The report from
Mr.. Cabel showed the amount of
stamps that went into his hands the
first month, beginning Feb. l, 1894. The
defense objected. and, upon being over
ruled, took exception. The reports for !
each month were successfully read to !
the jury, the defense making objection
in each, which was Overruled and eX- !
ceDtions taken.
T. D. CARSON.
t D. Carson, a revenue agent from /
Illinois. was next called. First knew |
defendant Jan. 6, 1896, when he was |
called to Salt Lake City on official bust !
ness. He saw Cabell Feb. 20, of that !
year, and told him that the Salt Lake !
Brewery was needing one-quarter and |
one-half barrel beer stamps, and asked !
why he didn't have stamps to furnish |
them. Cabell answered that he had
made request for stamps to Moffet and |
expected them next morning. Witness /
visited him again on Monday, Feb. %,
to see if the stamps had come. Cabell
iT sisted that they might come that
-. IL L., >
the city to see, but they did not come.
He went to Cabell's home next morning
and told him that he had telegraphed
TO Moffet TO know why this Office was
short of one-uuarter and one-half bar
rel beer stamps. Moffet wired that Ca
bell should have a large supply accord
ing TO his monthly report. He went up
next day to have the matter straight
ened up and found Cabell sick. Wit
ress told him that there appeared 10
be something wrong and # such was
true, he knew as we'll now as tomorrow. !
Cabell then admitted that his accounts
were short from $500 to $4,000. Said
he had been unfortunate in specula-
tions, having invested in mining prop
critics, which he believed when sold
would balance the accounts. The
stamps and property were taken from
him on that day at his office in the
block and turned over to S. D.
Chase. On March ., ne VISITED CdDeIl IN
company with Inspector Sewell, who
informed him that according TO the
he was short sS.21063. Cabell
said the shortage was less than he ex-
pected il would be. Sewell said he had
made thorough investigation. A credit
was due Cabell of ~ per cent discount
on beer stamps amounting TO $3.50.
on cross-examination the defendants
mining deals, together with ]
sickness was brought out, and also his
to help straighten and re-
place the shortage.
Orson Rumel, receiving teller Of the
Deseret National Bank, testified that
the amount due on deposit to the office
IF the internal revenue collector from ,
the bank on Feb. 81. 1897, was $255.22. '
During the month the total deposited {
was 81 1475S.
Court adjourned till 10 a. m. this