Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-04
Will HE BIZ CONVICTED?
THE DEFENSE OFFERS NO TERTlM0NY.
Ruling OF Judge Marshall Causes n Doubt
In Some Minds as to a Conviction
Other Court Matters.

| nv hIn' VI iHNh"'' - N' F
the charge OF embezzlement was re-
stunned before Judge Marshall and Jury
80. nj ,,,,aoo,,,,o,, ros,o, .,,or,,ro
'o"aS' int piVseDu''"i' ie''eu
| noon ana the detense oHefeu no tes-
| tlmony. Arguments were Immediate
| 10 hc,,,,r h, Ipa,,e ruda Ca, Tho cov-
- -, ~. 80, IA,
tihiHti'' anu the ease WIN II" u"u"' VIC
| given to the jury before court ndJourns
| this evening.
! x,,ho., a. ..N-.,,,.,, $4,000, o,o.aa
| yesterday John Moiiitt was on the
stand. Cabell's reports from the time
! he first wont into office until he was
| a.,,.,.., -. L.. a.. .,,,,,,
'e' "a u sun '"se i" i.ia
| We're also introduced In evidence.
4. Il. Carson of Urbana, H., internal
revcnue agent. testified to finding a
,,,s.. c,.,,,.' 49,.
s" '', IN oeoe" ,so a'. , ~ ~.
middle OF February. 1897, from the fact
that while the books showed he should
have had n ,uorti,v 90 hoer stamina
IN MS possession, no such stamps were
to be found. He had a talk with Mr.
cabell. who was III in bed. and the de-
,-,.,a'. -, .,..,,.,a, a.. -,
ie"u"n'' ne saiu, u'iiii',e,' CIV s''oi
aEe' ana sald ne had oeen III ana
hHuht beeh hple 70 attehu 10 ms pusi-
ness very carefully. he sald that ne
had been unfortunate IN mining specu.
lotions' was IN hoie ana coulu NOT
get out ana that tine money hhu
snppeu away DIT py plt uhtl ms snort
age amounted IN all TO between s9,ov
anu NlV,VVv ne WhE,cu 10 nave inc
DOCKS stralshtened OUT, ana salu ne
thousht ne couiu arrange matters Dy
the saie oi Naiuapie mime III MS
possession.
1eseret Nntional oank' testihea as 10
Ine hrnoun, OF money OF tne ohi.eu
sthtes Wnlch nnu peer ueposi'eu III the
Damk curing fepruary' 1871;
Inc nrst Witnessed called To-Day was
;. ID. Chase, who testified that the Of
nee OF deputy internal revenu coffee
tor was turned over to him by direction
OF the head Office az Helena, on the
23rd OF FEBRUARY, 1897. Between that
date ana the lnd or March, Cupeii
turned over to witness, stamps and
money aggregating al642.63 $40. OF
this amount S2sg.'3 was In cash. Ca
bell took the stamps and money from
the safe In his Office.
The witness was cross-eXamined by
Mr.. Varian, and stated that he was
in the Office several days before the
stamps were turned over and that the
stamps were at Cabelfs house. Cabell
he further said, was doing all he could
to settle up.
II. d. Carson was recalled, and in an.
swer to Judge Judd said he received
me TAX stamps from caoeli ana turned
ness that was ali the sta,nns he had
in his possession
G. w Sewell. government revenue
agant fro,, Craan,,,ita iIii,o,s ,as,t
fed that his duties ware MT conflned
10 nnv nartic,,iar aistrIc, He wa.
d,racted hy tho compjss,onar NJ ,rtar.
nal revenre al Washlngton IN come 10
Irtah ara aYa,,ina Gahaii,, ancnnrt
wi,nos 81 r,.,,'ad IN soi, Ia1,a e,,,,. ~,
The ond ~ March 1907 and was an
s,nyad ,o,, ,n,na las ,,,.,,Ir ~, -.
| S,as,I,,,,tar, AZ 49,, - % -.
he found Cabells shortage amounted
to S,2lO63. Witness then said that
along with Mr.. Carson he called on Mr.,
Cabell az his home and informed him
OF the discoveries made. Cabell asked
| witness what the shortage amounted
to, and when witness Informed him.
the defendant expressed surprise and
SAID ne thought 1t amounted TO mora
1 than that. Witness also told Cabell
that false entries had been made with
RESPECT 10 stamps Issued, Caoell tod
sne"uiation and had wsea the S,ona Az
| for that nurnose He caliad On ~,
| defendant again. b,t merely IN say
| good 1--we.
| In onsvar w NJ yrarto, ,,t,,o,,
| sojd Cnhe,i uor sici, IN ho5 ,,,,ar ~
| called ana ,cta1 itt,a ro,,,an '
| ,,,,,,,r, ,...
| THE gov hNNMENr RESTS
| Judge Judd here announced that the
government would rest, when MIR,
| Narian asked the prosecution to dcsig-
nate which one OF the four counts 1t
desired to go to the jury on.
Judge Judd did not want to elect
and did not think the law required II
OF MN II should go to the jury ON all
Judge Marshall so,d he 1vo,ld ovor-
rule Mr.. Variants motion until tho dc.
Tense rested. when the motion could he
renewed.
nt,rrNsr, cA1rc ,-r, v,,,,>,rrcr,,
| we rest shiu Mr. Narlan, "and
now renew our motion.
AFTER considerable argument by
judge JUDD. the court said the gov
| erhhent would nave To elect which
one OF me trs' three counts II would
STAND on and Judge Judd said he
"T NV ei.u. s,t 'i,tre couh,,
fourth count To the Jury
| ,r,rr, rtIIpn Cor->,r
80 W
The thlrd count charges Ca
no,l win hayihg, on me 22d DAY or
rcpruary, ls'i, ana NJ divers times be-
iorc, WINE deputy collecter or Internal
revenue, charged WIN the safe Keeping
OF pupnc money OF the Inlteu StAteS,