The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-08-13
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! to the trial notice was served on the
prosecuting attorney that depositions
on behalf of the defendant would be
taken at little village, forty miles re-
moved from railway, in North DakO-
ia To this the representatives of the
state paid no attention. When the case
was called for trial. the first twelve
men to go into the box were accepted
without question by the defense. The
/ state thought it had a sure thing. and
/ that the prisoner was good for a ten
spot at least An expert in handwrit-
ing from Chicago was called by the
prosecution, who swore positively to the
Endorsement on the back Of the draft as
I being that of the defendant. He gave
his reasons at length. The remainder of
the evidence went to make a prima
facie case for the prosecution.
/ The defense introduced, in proper
form, deposition, taken on due no
. tice, in Dakota, the witness being one
Money, who deposed he had won the
! draft in question from the complaining
witness. Martin B. Purcell, in a poker
game. that Purcell himself had Endorsed
it, and that he gave it to the defend
ant TO get caShed. as the witness was
not acquainted at the bank and could
not be easily identified. The reading of
this testimony was followed by that of
the father, mother. brother and school
teacher of the defendant, who swOre
positively he could not write his own
name. A verdict of not guilty was the
! result. It was afterward ascertained
that the accused went to Dakota, and
/ impeTsonated Money in taking the de-
position. signed Moneys name to the
evidence, and then returned to stand
trial, having fortified himself with a
strong corrobOrative witness. For this
! he was indicted on charge of perjury
and again placed on trial. His counsel
moved to quash the indictment on the
ground that the evidence of the sup
! posed Money was not competent on the
original trial and should not have been
admitted in a criminal trial This be-
/ ing the case, it could not have been
material to the issue. The court took
| this view, and the accused was given
his freedom.
/ The question of identity is often one
of the most troublesome the prosecution
has to contend with. Judge Clifford was
| trying a robbery case in Cook county
criminal court last spring. The accused
/ had twin brother who closely resem-
bled him. The complaining witness was
positive the accused was the man who
held him up and took his money. Coun-
sci for the accused asked the court to
send the witness TO the ante-room for
a moment before he began his cross
/ examination. This was done The two
brothers were then given seats together
directly in front of the judge, while n
PENDANTS counsel himself took the prs
oner's seat. The witness was then re-
called and asked to point out the rob-
ber- He frankly admitted ne could not
do so with any certainty, but was sure
| it was one of TIE two.
might it not have been a man who
| looked just like one of these brothers ?''
| asked counsel for the accuseds
Certainly" responded the witness.
Gentlemen, you will find a verdict
of not guilty" said Judge Clifford, and
it was accordingly entered.