The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-06
EX-ASSiStant Postmaster Charged
With ENLIGHTENMENT.
A GOOD START IS MADE
JURY SECURED AND CONSIDER
ABLE TESTIMONY TAKEN.
Opening Statement For the Prosecu-
ton By Judge Judd-Cunnington
Witness-The Report of the
Grand Jury Received-Several In
dictments Reported.

/
NJ. Mcbride, who is charged with hav-
| ing embezzled the sum of $3,072 while
acting in the capacity of assistant post
master of Salt Lake City. The prose-
cution was represented by District At
torney Judd and w. L. Maginnis, and
defendant by ex-senator Arthur Brown
( and p. L. Williams.
! At 11:20 a jury was secured, after
! these gentlemen had been excused
/ Charles Nader, T. r. Jones, A. Han
auer, George NJ Cannon, NJ. F. Prem
dergast. The jury is composed as fol-
( lows: T. M. Bishop, Frank W. Taylor,
John Goodfellow, James E. Jennings,
! Joseph L. Daynes, T. w. BraZier, Nj. s.
Browning, Andrew Knudson, w. L..
Pratt, Eli L. Price, John Robinson and
John Hanford.
Judge Judd read the indictment to
the jury in three counts, the fourth and
| fifth being dismissed. The first count
charges. that the defendant, at Salt
Lake City, on Jan. 10, 1897 and on di-
vers other days before said time, was
! assistant postmaster under G. r. Bar
att, and as such had in his possession
| S3,O72 lawful money, which he unlaw-
fully and feloniously converted TO his
own use.
In the second count defendant is
charged with the temporary custody of
certain money derived from the sale of
postage stamps, registered letters, etc,
amounting to $3,072, which he embez-
zled and converted to his own use.
In the third count the charge is I'M
lawfully and feloniously neglecting to
deposit said sum in a United States de-
positoTy.
OPENING STATEMENT.
In making the opening statement to
the jury, Judge Judd said that proof
would be furnished that Mcbride had
been appointed assistant postmaster by
A N Nash, and was continued in the
same position by c. r. Barratt, WHO
succeeded Mr.. Nash as postmaster in
December, 1895.
Evidence would show that Mcbride,
as assistant postmaster, had charge of
the finances of the postoftice, including
sale of stamps, envelopes, ETC., and, in
fact, all sources from which the post
office derived revenue, except the money
order department. Quarterly reports in
the handwriting of Mcbride would be
introduced 1t would be shown that ].
W. Cunnington was stamp clerk, SELL
ing and keeping the account of sale of
stamps, and that he settled with Nc
Bride who deposited the money in the
Deseret National bank; that on Jan. IL,
1897, Postoffice Inspector Nichols exam
ined the postoffice, counted the stamps
and discovered a, shortage against Nc
Bride amounting to s3,O72, and against
Cunnington of about $500.
THE DEFENSE.
Mr.. Brown made no statement to the
jury for the defense, but asked plain
tiff to specify under what statute each
count was brought.
L don't have to- replied Judge Judd.
L.
know with what offenSe the defendant
was charged. He said he had pre-
viously asked the district attorney to
explain, and had received the following
reply:
THE indictment in this case is found
under and is referable to the following
statutes: Sections 4,05S, 5,490, 81, go and
SO, revised statutes. There may be
others, but 1 do not think of any others
at this time ]. w. JUDD
Judge Marshall overruled the objec-
ton, deciding that it was not required
to name the statute under which the
offense is prosecuted.
EXAMINATION OF WITNESSES.
H V. Meloy, deputy clerk of the
Third judicial district, and expert &C
countant, testified that he was familiar
with McBride's handwriting, having
identified the same in quarterly postal
reports, which he had examined while
c. R. Barratt was postmaster.
EX-POSTMASTER NASH.
Ex-Postmaster A. H Nash testified
that he was familiar with the hand
writing of Mcbride and identified it on
postoffice reports. He turned over to
his successor, C. R. Barratt, in Deem
Der, 1895, the stock of stamps, envel-
opes, ETC., amounting to $S,O65.61, which
included everything eblonging to the
government.
II. V. Meloy was recalled and testi-
fed that he was authorized to audit
accounts of the Salt Lake /postoffice.
He examined quarterly reports from
May l, 1895, to Dec. 81 1896. The sale
of stamps of various kinds amounted
to $153,O45.44; box rents, $3,767: de-
posits from other postoffices, $5S, 710.76;
total receipts during that period, $219,-
82lS1; amount turned over to govern
ment $l30, 95S.17; expenses OF Office,
81, 056.92; damaged stamps, 1868 30;
total, s20S, 669.39; difference, $10,152 40.
He found a book showing monthly re-
ceipts and disbursements. In the main
the book correspondent to the monthly
reports; when it did not, entries had
been made to make it correspond.
ORSON RUMEL.
Orson Rumel. receiving teller at the
Deseret National bank, said that c. r.
Barratt had an account as postmaster
He examined the deposit slips from
May l, 1895, to Jan. IA, 1897, and identi-
fed the great majority of them as hav-
ing been made out by Mcbride The
total slips represented deposits
amounting to $196,640.3 The deposit
was drawn on by checks signed by
Mr.. Barratt for remittances. Out of
IS checks. 81 bore the handwriting of
Mcbride and the remaining that of
Mr.. Barratt. On Dec. 81, 1896, there
was a credit in the bank to Mr.. Bar
raft of 81, 464.39
Harry E. Reubentisch identified the
handwriting of Mcbride on reports of
postal remittances from Jan. l, 1897 to
Jan. IA, 1897.
CUNNINGTON ON THE STAND.
J. w. Cunnington, who is indicted for
participating in the same offense as
Mcbride. was called and examined as
to his competency to testify He said
he had a conversation with the prose
cutting attorney on the day before, but
had not been promised that the case
against him would be dismissed. He
was in the court room Wednesday
when his case was called, but did not
hear what was said. Previously, he
had talked to Attorney Maginnis, and
also with Judge Judd in his office, but
they said nothing about dismissing his |
case. His attorney had advised him |
to go and see Maginnis on Wednesday, |
which was the only time he had talked |
to him, said he expected as a result of |
his testimony that the case against |
him would be dismissed.
Mr. Brown objected to placing Cum
nington on the stand, but the objec- |
ton was overruled.
Cunnington testified that he was
stamp clerk and identified his hand
writing on stubs for box rent from