The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-21
FITZGERALD HELD FOR TRIAL.
He's Charged With Forging Deed to
Mining Property.
Especial Correspondence.


S.is + City, May 20.-The preliminary
examination of Michael Fitzgerald for
forgery of the name of G. S. Dana to q
deed 10 a group of mining claims in
Dragon Hollow, was conducted before
T. s. Hanford. 1t occupied the best
part of Thursday and Friday after
noon and County Attorney Pike was
assisted by A. j. Weber of Ogden for
the prosecution. Fred McGurrin OF
Salt Lake was retained for the defense
A considerable attendance was noted
both days.
C. o. Dana testified for the prosecu-
ton that he had never signed the deed
which purports to bear his signature.
Martin Igoe, the notary who witnessed
and acknowledged the deed, testified
that he personally had not seen Dana
sign any document, but that he had
been assured by Fitzgerald that
everything was all straight"
Chief Hilton testified TO Fitzgerald
attempt to destroy paper he had in
his hand, as already noted in these COL
umnS.
Dana testified to the genuineness of
his signature to this memorandum, but
explains that by stating that F'itzSer-
aid asked him some time before to sign
his name to a blank piece of paper,
giving as an excuse his desire to learn
how he, Dana, spelled his name. This
crude agreement was witnessed by
Joseph Mitchell, Fitzgerald's barten-
der.
Fitzgerald denied his attempt to de-
stroy the paper and stated that ne
wouldn't believe a member OF the salt
Lake police force on oath" The paper,
when introduced, had been pasted to-
gether, whatever its original condition.
The recorder showed the deed re-
ceived April 20, and recorded on the
following day. A second deed plays an
important part and defendant is charg-
ed in a second complaint with another
forgery. This instrument purports to
have been made on April %, and is OF
the same general tenor as the first
deed Fitzgerald explained this paper,
which was never recorded, by stating
that the first deed was not complete
enough, hence the existence OF the sec
ond one. Another writing was pro-
duced. signed apparently by Fitzgerald
and Dana, ratifying all the previous
documents, making in all, four lnstru-
ments purporting to bear Dana's sig
nature.
Fitzgerald was placed on the stand in
his own defense and testified as to Sc
curing Dana'S signature to the paper
taken from him by the police in Salt
Lake and that Dana signed the type
written deed, acknowledged by Notary
Igoe. in presence of himself and bar
tender. E. " Duncan, an expert in
chirography in the office of McGurrin
& McGurrfn in Salt Lake, was called
by the defense and testified that he
had compared Dana's signature on al
legged forged deed with other sigma
lures of Dana's, acknowledged to be
genuine, and found them to be the
same He expressed his doubts as TO
F'itzgerald's ability to counterfeit
Dana's signature. On cross-examina-
ton Dana was shown several sigma
lures purporting to be Dana's, and
asked to select those he considered
genuine: out of fifteen signatures,
three of which were Dana's, witness
pronounced only one genuine, which
was shown by prosecution to be
cleverly executed forgery by Counsel
A ]. Weber.
FITZGERALD further testified that he
the first deed was drawn, the sum OF
$4,000.
In rebuttal the prosecution intro
duced a due bill for 81 signed by Dana,
dated April 16, four days after alleged
deed was drawn, which raised the
question as to Dana's necessity for
giving a due bill four days after re-
ceiving $1,000 in cash.
Prosecution further showed that Fitz-
gerald had attempted, through w. A.
Robertson of Eureka on April IA, to
secure this identical property from
Dana, alleged to have been conveyed
by deed of April II. and actually offered
to Dana a roll of bills supposed to
contain $4,000. Fitzgerald denies this
absolutely. His bartender stated that
the money had been rendered, but not
on this date and not in presence of
Robertson
The prosecution showed that Robert
son had not been in Silver City since
March 3, except on this date.
After the introduction of some fur
Their evidence Fitzgerald was held in
the sum of $4,000 for trial at the district
court to be held at Nephi the latter
part of June.
A summons was served in civil suit
by c. S. Dana to rescind and cancel
both deeds and alleging want of con-
sideration and forgery.