Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-05
WELBY WINS IN
TIMBER FIGHT.
Judge Riner Gave Orders to Dis
miss the Case Against Him.
JURY'S VERDICT, NOT GUILTY
one Other Case Continued Untii Nay
-Other Federal Court Cases-To-
morrow's Calendar.

Mr. Welby won a signal victory In
the Federal court this afternoon when
Judge Rner instructed the jury to
bring in a verdict Of not guilty in the
timber cutting case against him, which
1t promptly did. The other case against
him was continued until May. The case
against the Price Trading Company will
be heard tomorrow.
The case against Superintendent Wei
by Of the Rio Grande Western, and
Deal Brothers & Mendenhall in the
United States court is developing into
an interesting one, In this action We'll
by and the three tie and timber con-
tractors are charged with cutting tim
Der on government lands, without a
license, for which Attorney Whittemore
contends that the penalty for conylc-
ton is a fine Of not less than $4,000.
and Imprisonment for not more than
one year. But Attorneys Sutherland
and King, for the defense. maintain
very strenuously that the penalty is q
fine not TO exceed $500, and imDrlson-
ment not more than six months.
The chief witness for the prosecution
Is Captain j. $. Stidger. timber In
spectOr for the interior department,
who has been very busy gathering up
evidence against the accused. Mr.. We'll
by figures as one Of the defendants in
two more cases OF similar character.
The Information states that the de-
PENDANTS cut this timber during the
months Of July August and September
Of 1885, through a section Of country
along Nine Mile creek, William creek
Kyune creek and White river, in Wa
satch and Carbon counties. The value
of the timber is set at $l0693,
Before the court had proceeded well
into the case, a discussion arose be-
tween the attorneys for the defense and
Attorney Whittemore. the former con-
tending that the information was based
on the wrong statute; that II should
have been based on the law OF June,
1875 which provides the lesser penalty.
United States Attorney Whittemore
maintained that he had investigated
the case thoroughly at the time the in
formation was drawn, and that he had
made no mistake. In his argument Mr.
Sutherland contended that the law Of
1878 repealed the former statute.
Judge Riner did not decide the point
at once but took the matter under ad-
visement.
Captain Stldger. timber Inspector and
prosecuting witness was placed on the
stand, who proved himself to be a very
garrulous old gentleman. introducing
much extraneous matter with his tes-
timony which kept the judge busy rul-
ing out.
The substance Of stidgers testimony
was to the effect that he had made
three trips TO the place where the tim
Der was being cut, where he found
about fifty men employed at loading
ties on the railroad, and in the sawmill,
etc He counted some $4,000 ties that
were being used in building the spur.
He saw r. S. Deal and j. NJ. Deal on
the ground.
When he sawSuperintendent Welby he
said he recognized Stidger's authority
to seize the ties and that he presumed
the timber was cut from government
land, said the witness. But his conten-
ton on that point was somewhat weak
or after being subjected TO a cross-ex-
animation by Judge King.
John Blackett. who had once hauled
ties for the Deal Brothers, visited the
place with Mr.. Stidger. and corroborat-
ed the evidence Of that gentleman res
pecting timber cutting. w. 3. Thomas
Of Cotton, bore Stidger out IN his tcs-
timony. Louis Scott Burnett. Frank
Smith, Of Springville, and man by the
name Of Ferron, all testified to the
same effect
The case against Welby came 20 an
abrupt termination today. After eX-
aiming Mr.. Davis OF the State land
office, In regard TO how much OF the
land on which the timber had been cut
had been surveyed, Attorney White
more called Mr.. r. A. Deal, but Judge
King objected to Mr.. Deals testifylng.
Mr. WhittemOre then dismissed Mr..
Deal and annulled the indctemnt so
far az Deal was concerned, and used
him as a witness for the government.
Deal testified that he had called on
Welby and submitted the proposition
Of furnishing the Rio Grande COM
pany so many ties, providing the CON-
pany would assist In the construction
Va n iaiAtN aI 0HAi W AaNlllAiAf AIt
transporting OF the ties. After refer.
ring the matter TO his superiors, Mr..
Welby called on witness at Springville
and agreed 10 the proposition
Il was clear at this point that there
was no case against the other Deal or
against Mr. Mendenhall the other de-
PENDANT, and the government prosecu-
tor endeavored to center the case
against Mr.. Welby.
The court was Of opinion that there
was no evidence 10 indicate that Welby
knew the timber was being cut on the
public domain, and held that It was no
crime FOR a railroad company to buy
ties. Mr., Whittemore cited the testi-
mony az Captain Stidger as evidence
that Welby realized that the ties were
coming from public lands There was
some argument by the attorneys when
the court adjourned until 2 p. m.