The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-14
BOGUS DEED STORY
Fortune Involved In the Fitzgerald
Forgery Case.
DANA'S SIDE OF CASE
SAYS THE PROPERTY IS WORTH
$4,000.
Declares Fitzgerald Secured His Sig
nature to Paper By Trick-De-
PENDANT Taken to Eureka For
Trial-Dana Declares He Never
Signed the Deeds.

The arrest of Mike fitzgerald upon a
charge of forgery Friday night was
something of surprise to his friends,
and was a subject widely discussed
among those who know him, either
personally or through business rela-
tions. The accused was taken into Gus
tody by Sheriff Cole yesterday, who re-
turned with his prisoner to Eureka last
night.
Mr.. d. S. Dana, who is prosecuting
Fitzgerald, and County Attorney Pike
of Juab are in the city in the inter-
est of their case, Mr.. Pike being asso-
ciated with Attorney Weber of Ogden
in the prosecution.
Fitzgerald. as has been stated, is ac
cused of forging Dana's name to GER
tain deeds transferring six mining
claims. owned by Dana, to himself for
the sum of $1,000. His statement pub
lished yesterday was to the effect that
he had purchased the ground for this
amount and that he had deeds for the
same. not only signed by Dana, but
witnessed by notary public and
others.
Mr. Dana denies ever having made
any contract with Fitzgerald. and says
any title he claims to have is entirely
fraudulent. On this the case rests.
Mr.. Dana says his first knowledge of
any deed was a notice in the Tintic
Miner that one for the transfer of his
property to Mike Fitzgerald had been
filed at Nephi. He found this to be
true. and learned further particulars at
Nephi and in Salt Lake. He deter
mined to prosecute the case, and has
since the middle of April been collect
ing evidence, with results most fovar-
able TO himself, he believes.
During the fore part of last month
Mr.. Dana says he met Fitzgerald at
the latter's place of business. and was
addressed as Mr.. Danna, Fitzgerald
mispronouncing the name. When
Dana sought to correct the saloon man.
he was handed a sheet of paper and
asked to spell it. This he did. writing
his full name. Fitzgerald then wrote
his name Immediately below Dana's
signature and folded the paper, putting
it into his pocket. Dana's suspicious
were aroused and he demanded the pa
per. but claims the holder refused to
give il up.
At the police station yesterday. the
paper that Fitzgerald tore into bits at
the time of his arrest was shown
Dana, who identified it as the same
upon which he had written his name a
month before. He identified the sigma
ture as his own, but believed the paper
was blank at the time, although. on
account of age. his eyesight is very i'm
perfect, at any rate, the paper now is
in the form of a bill of sale of the
claims in question, transferring them
to Fitzgerald, and in writing very diff
ferent from that of Dana
Deeds Recorded.
The deeds that have been recorded
are separate from this and, it appears.
are for the same property. the second
having been filed, describing the prop
erty more fully than the first. according
to Fitzgerald. They were dated April
and i respectively and are declared
to be forgeries by Dana. who believes
the second was made because of some
imperfection in the alleged first at
tempt.
One Of these, IL seems, was witnessed
by Fitzgerald himself, and a Mr.. Igo.
The latter, when asked to explain, is
said to have stated that he signed upon
the representations of Fitzgerald. in
whom he had great confidence, and he
really did not know what the paper
was. He also has said that Dana was
not present at the time he signed as
a witness to Dana's signature.
The second instrument is said to have
been witnessed by Shorty" Sullivan, a
saloon keeper of Eureka, and Isaac
Woody, the liquor dealer of this city
The statement made by Fitzgerald to