The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-02
BRODIE HELD FOR TRIAL.
ON CHARGE OF RAISING CHECK
FROM $40 TO $1,000.
Preliminary Hearing Before Justice
Timmony-The Defendant offered
No Testimony-Bond $4,000.

Judge Timmony gave a preliminary
hearing yesterday afternoon in the case
of William Brodie of Eureka, charged
with raising a check given in his ia
vor by Henry Kohl, from $40 to $1,000.
After hearing the evidence the court
bound him over to the district court,
and ordered him held by Sheriff Lewis
upon failure to secure his bail, which
was continued at $500.
The prosecution was represented by
County Attorney Van Colt, and the de-
Tense by Powers. Straup & Lippman.
In the cross-examination Mr.. Kohl
was asked by the defense if on May-21
he received any money from Brodie,
and if he didn't deposit in some other
bank 81 900. Kohl answered in the neg
alive. The inference drawn from that
was that even if Brodie received $1,000
on the check, the defense would at
tempt to prove that he paid it back to
Kohl. The defense did not put Mr..
Brodie on the stand or examine any
witnesses.
A. a. Robertson, paying teller for
Wells, Fargo & Co.'S bank, upon which
the check was drawn, identified the
check as the one he had cashed May
u, 1898, by paying Brodie $1,000. He
remembered this check especially, since
it was written ten hundred instead of
lone thousand dollars, as is the rule
Kohl and Brodie were frequently at the
bank together, but Brodie was alone
when he cashed this check. He had
just learned of the case two or three
days ago, when Kohl called and said
there was something wrong.
Henry Kohl, the complaining wit
ness, when examined, identified the
check and said it was made out at
the bank on May q, 1898, while Brodie
and he We're together. Brodie, he said,
wanted to borrow $40, so he told him
to write out the check, which was
done, and witness signed it. He did
not authorize him to add hundred
to ten" and ''00'' to $40" making it
81, 900, and did not know that it had
been altered until three days ago, when
he secured a statement of his account
He had been absent in Montana since
May, and had not examined the ac-
count. Brodie. be said. had done con-
business for him in the way of
writing checks, owing to his inability
to write well.
On DISCRIMINATION, ne said he had
never received any statements, al
though the banker said he had sent
them regularly, and not until a few
days ago had he secured one.
From whom did you receive it?''
asked Mr.. Straup.
Somebody handed it ONE"
"Who?"
Il don't want to tell that" he re-
piled, and the court decided that he
need not tell.
Did you not deposit on that day
$500 or 500 in some other bank?"
This question was ruled out as i'm
material.
Did you deposit $1,000 on May PIP"
No"
Did you receive any money from
Brodie at that timer
NO"
Had you been drinking?"
NO"
Didn't you have a bottle or jug in
your room?''
That's nobody's business
And Judge Timmony thought so, too. |
The prosecution here rested, and the |
lefepse announced that they also would |
est. and the defendant was held for |
rial in the district court.
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