The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-11-19
ROBBER RETURNS THE MONEY
PECULIAR sroR4 TOLD IN
COURT AT KANAB.
Young Man Holds Up Clerk and
Gave Back Money-clerk Didn't
Keep His Word.

Kanab, Utah. Nov 1S.-It having been
ascertained to be impossible TO get bonds
by the defendant Sam Smith. in the
robbery case. his counsel. Hoffman q
Beebe, in behalf of their c,ient, went into
court and waived all formalities as 10
the drawing OF a jury and requested an
immediate trial. Smith preferrinS TINS ~
April term of court. A jury venire. mace
relurnable forthwith, was issued iof
thirty persons. This was on THURSDAY.
The sheriff and two deputies covered tnS
county during that night and subpoenaed
most of the jurors drawn. 1ney rePor 100
yesterday morning and the work OF set-
ting jury began Another vemre hau u
be issued and late yesterday afternoon
jury was finally gotten,s the rame OF the
last juror accepted being the very iase
name in the jury box and II was not
necessary to issue an open venlre.
The testimony on the part or the state
was a deposition of the facts already
published relative TO the roppery; omIy
more extenuating and more in detan. Inc
defendant is a 2O-year-ofd son OF the late
Lot Smith. The young man Is a WIZ anu
reckless person, who has been away iroln
his home in Flagstaff. Ariz Ior Two
years. roughing it as a cowboy IN nor.n-
ern Arizona. Reaching here. he drank
and -carouSed and finally became drunk.
On the night of Oct. q, the testimony
clerk at the Bownin & Co. store, TO go up
to the store on the plea of selling the
defendant a pair of pants. Lundqulst
testimony is that after getting into the
store, on turning from lighting the lamp,
he faced a pistol in the, hands OF the oe-
PENDANT, who made a demand Tor wna5
money he had. A pariey ensued ana
finally Lundquist asked him how much
he wanted. Defendant said $50. Wnlle
the money was being counted the demanu
was increased TO slO0. This amount was
handed over and a Sunday school talk
was given the young man by Lundqulst-
1t was continued not only in the store,
for an hour or so the result Deing tnat
the money was given back, Iundqulst
threatening TO kill him II he did.
Lundouist reported the affair to has
principal and they two to Prosecutor
Brown that night. The secret was SOL
EMMY kept by them until Sunday. when
Lundauist inst Smith upon the street and
told him the secret could be Kept no
longer and that,he had better skip De-
PENDANT did sQF going to Suba City, Ariz
A warrant was issued and he was later
arrested, as has been published
Other and corroborating testimony was
given by the state. The defense was
denial and statements by witnesses who
saw Lundquist and Smith on the street.
and Smith in the saloon afterwards. that
they saw nothing unusual in the conduct
of the defendant and no pistol. Defend
ants testimony was that he was warned
to leave by Lundquist because of a war
rant being issued for his arrest for in
Sulting a girl He was. he said on mis-
way back to Kanab when arrested
The verdict was guilty. Time for pass
ing sentence was fixed at 3 O'Clock this
evening when a motion for a new trial
and a motion for arrest OF judgment VIII
be made and argued.