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

I'VE, the jurors impaneled in the
case Of the United States VS.. Richard
II. Cabell say that defendant is guilty
as charged in the third count of indict-
meat
The above verdict was handed in by
Eli L. Price. foreman, when the jury
came in at 4:30 yesterday afternoon,
after being out one hour and ten min
utes.
Judge Marshall announced that sem
tence will be passed at 10 a. m. Satur
day. and committed the prisoner to the
custody of United States Marshal
Miller.
The third count charges that Richard
H. Cabell was a, deputy collector of in
ternal revenue at Salt Lake City, for
the district OF Montana, and, as such,
was charged by an act of congress with
the safe keeping of public money of the
United States, and by virtue of his
| said office. on the 22nd day of Febru-
| airy, 1897, and on divers other days be-
! fore said time, did have, receive and
| take into his possession, divers notes
of national bank currency of the Unit
ed States. and divers United States
! notes, treasury notes, flegal tender
| notes, silver certificates of paper cur
rency emitted by the United States, and
! divers gold, silver, copper and nickel
! coins of United States, amounting, in
| whole, to $S,3S0.6S, public money, and
money and property of the United
! States; that said Richard II. Cabell
then and there unlawfully did fail to
4 keep safely said money, converting
same to his own use, or depositing in
banks, or exchanging for other funds
than allowed by law, and then and
! there did unlawfully and feloniously
! convert and appropriate said money to
his own use. and thereby embezzle,
| contrary to the form and statute in
such case made and provided, against
the peace and dignity of the United
States.
The fourth count, which was sub
mitted to the jury, charged Cabell with
being in possession of a large number
of beer and tobacco stamps and spe-
cial tax stamps, which he was accused
of embeZZling and converting to his
own use.
INSPECTOR CHASE.
The first witness placed on the stand
yesterday morning by the prosecution
was S. D. Chase, a revenue inspector,
who testified that the office in Salt Lake |
City of deputy collector of revenue was
turned over to him by the Office at
Helena on Feb. %, 1897. together with
playing card stamps, tobacco stamps, !
cigar stamps and special tax stamps, |
of an aggregate value of s11,642.63.
On cross-examination by Mr.. Varian, |
witness stated that stamps were not |
turned over till March 2, because
stamps We're at Cabell's house, which |
made delay and that Cabell was do |
ing all he could to straighten up the |
books
T. D. Carson was recalled, and testi- |
fed that he received the tax stamps |
from Cabell. and turned them over to
Chase.
REVENUE AGENT SEWELL.
C. W. Sewell of Greenville, Ills, said
that as a, revenue agent he was sent by
the government anywhere in the Unit I
ed States to examine the accounts of
collectors of internal revenue. In 1897
he was directed to go to Utah and
make thorough examination of col
lectorS of revenue in the district of
Montana, He arrived in Salt Lake
on March 2. 1897, and proceeded to the
office of Deputy Collector Cabell to
examine his accounts, completing the
examina ton March 5. He examined all
reports of Cabell from February, 1894,
to February, 1897, and made tabulated
statement of the results, which showed
shortage amounting to $S,210.63. Ca
bell admitted a shortage, and when in
formed of the amount said it was not
= /
suggested that this could be accounted
for by reason of a discount allowed on
beer stamps amounting to $565.4S. He
also found that money had been COL ;
lected amounting to S17O.05, for which
stamps had not been issued. Witness {
also stated that false entries were
made. Cabel1 talked frankly and said
he had used the money in mining in
veStmentS. Witness, in company with
Carson, went again to Cabells home to ,
say goodbye.
On cross examination Mr. Seweu said
that defendant was sick in bed when
he saw him at his home. +
JUDGE JUDD ELECTS.
Judge Judd then stated that the pros t
ecution would rest. Mr.. Varian made
motion. to require prosecution to elect S
One of the four counts to go to the <
Jury. Judge Marshall overruled the mo- s
ton on the ground that the evidence |
was not all in, but here Mr. Varian 4
that the defense would rest [
and renewed the motion. Judge Mar C
shall decided that the government
would be required to elect one of the =
irst three counts, and Judge Judd elect q
ID the third count. The court decided e
hat it would submit the fourth count :
% the jury. Judge Judd commenced S
lis address to the jury at 11:30, and v
vas followed by Mr.. Varian in the af- +
ernoon. L
In his charge to the jury Judge Mar a
hall called attention to the fact that L
n the third count the defendant is "
harged with embezzlement of money, u
md in the fourth count with embezzle-
nent of stamps.
If the jury finds that the defend
mt converted any money or any n
lamps to his own use, that is enough.
'he jury retired at 1920 p m.
PETITION FOR HABEAS CORPUS.
In the United States district court Il
George NJ. Bates, through II
made application for a writ of habeas t.
orpus on the ground Of being unlaw- d
uliy detained and imprisoned in the II
at Salt Lake City. n
On Sept. 1, 1895, the grand jury of
he Third judicial district of the terri o.
Dry of Utah, found an indictment it
gainst the petitioner, charging the S
rime of murder in the second degree, u
LEGGED to have been committed in Too d,
lie county, Sept. o. 1895, by feloniously IL
illing one John Nordquist.
On April z, 1896, he was found guilty pl
nd sentenced to ten years imprison- al
lent. From the judgment petitioner m
ppealed to the supreme court, which. tt
n Dec 10, 1896, affirmed the decision I'll
{ the district court
The petition for the writ attempts to e1
how Illegal detention and imprison- pC
lent in this:
l. That the pretended jury and only
Try by which petitioner was tried was ri,
imposed of only eight men. pc
g Said law is in contravention of sec pl
on l. article xiv, of amendment to con-
tuition of United States, and is ex
ost facto void. Is
g. No other cause for the imprison- su
IL thor nI, ic- /.