The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-17
MONEY! IS A FREE man NOW
THE STATE FAILED TO MAKE
OUT ITS CASE.
Russian With the Romantic History
Declared Not Guilty of Obtaining
Money Under False Pretenses.
CspecLal Correspondence.l

Brigham City, Feb. IA. Novey, who
claims to be an exiled Russian nobleman,
VINO was arrested and held to the grand
jury under heavy bonds for obtaining
money under false Dretenses. was dis
charged last night by Justice of the Peace
N. p. Anderson.
Nove.r was first tried before Justice of
the Peace Jensen last week. He was re-
fused a change Of venue and bounc over
70 the district court. Wednesday last ap-
pilcation was made TO Judge kolaop Tor
q VIII OF habeaS corpus. NONey OBTAINED
the Change of venue and last night the
trlal began before Justice Anderson and
he was discharged.
Novey. who saws his real name is Alexis
SaSselieviIch NOVOssiitcoff. tells d re-
m2rkable story. He claims that he was
an aide-de-camp Of the Grand Duke
Alexis during the reign of the grand
rather of the present car of Russia, and,
following his commanders lead. refused
To drink u toast 10 Germany. proposed
at banquet by the car. or this the
grand duke was eXied, but the aide-ue-
camp escaDed and has since wandered
over the earth, homeless. lie interested
several friends here, who subscribed Varl-
GUS amounts. with which, accompanied
by his Wife and DR.. Berg, an Ogden dem
list. he was TO return 10 Russia and
make an effort to regain his immensely
valuable estates. the present ear being,
ne claimed, not unfriendly. FOR THIS
money he was to pay, Il successful, 100
per cent, or M,0)O for each 500 he received
Some of the subscribers became alarmed
and his arrest and trial followed
The testimony Of several witnesses yes
terday and last night was that Sl.3jl had
been raised and that an effort was being
made 10 increase this to $3.50 when NONey
was arrested. Letters testifying "a the
man ) good character and integrity were
read from the governor and justice Of
the supreme court of Washington, bank
cashiers and others. and papers showed
that he had daughter IL a convent in
Belgium and was well known a the Rus
sian embassy at Washington. y mere he
had been advanced nearly $1,000 Tor tray
cling expenses.
The prosecuting attorney denounced the
manner OF obtaining the money for or by
the defendant as cleverly worked
scheme 10 obtain money by fraud.
and cited as evidence of this statement
the fact that 500 would have paid the eX-
penses Of the defendant and two others To
Russia And yet ne called for $500, and
when he saw that was obtainabie he
raised the amount TO s., 600. ana how much
more would have been asked for We do
not know if this proceeding had rot been
taken. he said.
The case was continued till yesterday
noon. when, owing to the district court
being in session. the case was continued
again until last night at $50 clock, when
the attorneys argued the ease.
His honor took the matter under aG-
visement till 1880 o'clock today. At that
hour the court reasseunbled and the fol-
lowing Is the substance of the decision:
After commenting upon the proceedings
of the case and stating that owing 20 the
EXTRAORDINARY features IN the case. SAID
the prosecution was justified IN calling
for an investigation of the case in the
court. and considered that ample cause
existed for il. Then Justice Anderson
concluded as follows: The court does
not cOuntenance the manner 9racuced
by the defendant in this case to obtain
money. but desires now TO place its I'M
qualified disapprOVal upon il. The de-
PENDANT Is. however, entitled to the benefit
of the doSbt as TO his guilt. i seems I
TO me that in this case i crime has been
committed. I do not think that the de- /
PENDANT ever intended 20 pay $4,000 for |
$1,000 | do not think that anybody has (
the right to obtain money on those repre- I
sensations. 1t does not appear TO M that !
this scheme is in accordance with the prin- /
ciples OF common honesty. Good has re- (
suited from these investigations. Already /
q large number of people have received !
their money back. and the balance of the (
n1oney is held by one of our citizens. The I
reason why the court does not hold the +
defendant is because the money has not 4
been paid to him. and has not been ap- :
prOpriated 10 his use. and the decision Of Z
this court in this case is that the state .
has failed to produce sufficient evil /
dence to justly it in holding the defend 1
ant TO await the action of the higher /
court. For that reason this case IS dis I
missed and the defendant IS discharged /
and his hondsmen released