Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-03
R Il. CABELL ON TRIAD.
OBJECTIONS TO THE INDICTMENT MADE.
Count sustains objection to the Firth
Count Much Time Consumed In
Argument--Othcr Matters.

The trial OF Richard II. Cabell, on the
charge OF embezzling the sum of S.
S6O.6S, while acting in the capacity OF
United States deputy internal revenue
collector for Utah, commenced before
Judge Marshall and a jury in the fed
eral court today.
The prosecution is represented by U.
S. District Attorney John w. Judd and
the defendant C. S. Varian and Frank
Pierce.
Cabell has changed somewhat since
he last appeared in court. His face Is
clean shaver and he presented neat
appearance in court today. His wife sat
near him and watched the proceedings
with keen interest.
The work of empanelling jury did
not consume much time. only eighteen
names were called. The twelve men
chosen to try the case are ms follows;
j. NJ. Chamberlain, John Hanford, Ell
l.. Price. Anson c. Call, George j.
Wells. David Henderson, Il, W. Ashton,
Levi $. Haywood. j. I. Harris. c. c,
Brown. John Robinson and Robert l..
Anderson.
John Mofit, who succeeded Richard
w. Lyman as Internal revenue collector
for the district Of Montana on February
LIST, 1897. was called by Mr.. Judd. but
hardly had the gentleman taken the
witness chair when Mr.. Varian objected
to the Introduction of any evidence be-
cause the Indictment he said, failed TO
state a public offense.
Mr.. Varian's contention was that the
Indictment Th1rppH IN hell with hplnp n
public officer, whereas he was employed
by Richard w. Lyman, who paid him,
and to whom he was responsible, and
that the defendant was Il deputy. An
other contention was that another
count charged the defendant with hav-
Ing embezzled monies on February l.,
1897, and at divers times prior thereto,
which was too uncertain to sustain the
charge. The Indictment charged EN-
bezzling money and stamps, and did
not distinguish the amount of either.
He was charged under section $3.50 of
the United States laws, but was not
chargeable with the offense named, and
should not be tried for 1t.
Mr.. Judd, replying, cited numerous
authorities and said the first and third
counts of the indictment charged the
defendant with being n deputy and
having custody of monies belonging to
the United States government, and that
himself; that while the monies We're
In the defendants keeping, he, en-
bezzled them. Mr.. Judd could not
imagine charge being made more
plain, simple or comprehensive. 1t
perhaps did not satisfy the hypercrit-
ical and metaphysical mind of Mr..
Varian. because forsooth 1t did not re-
peat the then and there" The days
of technically, Mr. Judd said, had
passed and Mr.. Varian's objection
should have come in the form of de-
murrer. Concluding, he said that
stamps represented money and that
there was therefore. no need of distin,
gushing the two.
Mr.. Varian concluded the argument,
after which Judge Marshall sustained
the objection as to count FIVE. ana
overruled the objection as to the other
four counts.
The trial was then proceeded with
and Mr.. MofIit was under examination
when the News" report closed.
Alleged Breach of Contract.
Judge Hiles today heard the case of
James Thomson against NJ. X. Whit
ney, with Fl. C. Edwards for the plain
tiff and II. ]. Dininny for the defend
ant
Plaintiff in his complaint alleged that
in August, 1892, defendant sold him
twenty shares of capital stock in the
Salt Lake Implement company. of the
par value of 800 each, and at the same
time agreed with the defendant to pay
him the first year as a dividend on the
stock forty per cent of its value. or
$500 in cash. 1t was then alleged that
the plaintiff turned over to the defend
ant as payment for the shares. goods,
wares and merchandise, invoicing So
666. Defendant then refused to pay
the $500, for which sum plaintiff de-
manded judgment and for costs of suit
Defendant denied the indebted
ness and furthering answering set up
that the cause was barred by the stat
ute of limitations.
The case had not concluded when the
News" report closed.