Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-28
Yesterday Afternoon.

lUh fhhUllndtlOl % WI iilltS was
continued yesterday afternoon after the
Meas went 70 press. Judge Powers
nan him turn to Use entries In the bank
balance book marked coat" and CON
@ a. walch he asked Mr., Hills TO ex-
plain.
did you draw Mr. Van Kuran's at
tention 10 these entries and ask what
they meanlY"
NJ: Hills said that he ala not re-
member Mr. Van Kuran's making any
explanation. He simply said that the
entry was there.
Those figures being deducted from
those balances showed WHAT" asked
Judge Varian.
Judge Powers objected 10 the ques-
ton as being henrsay and not the best
evidence.
The court admitted that It was not
the best evidence.
The book talks for itself" shouted
Judge Powers, unconsciously endowlng
the bank book with human qualities.
The court ruled In favor Of Judge Var
ian and Judge Powers again noted an
exception.
Mr. Hills proceeded to give the
amount Of the balance In the first case
as slS,5SS01. and said that the other
cont" Items were similar.
Mr. Hills then said that after talking
with Mr.. McNitt since the noon recess
he recollected having sent message
by telegram to Mr.. McNitt 20 abide by
what Mr., Abbott said.
Judge Powers then asked Mr., Hills
regarding his testimony Of yesterday
that Mr.. Abbott had said to Mr.. Van
buran that he could not leave the
state without giving security for the
amount Of the alleged shortage. Mr..
Hills said that he did not recolect
saying so, and II he had done so It was
under a misapprehension. Judge Pow
ers then asked that the court reporter
turn TO his notes and read what Mr..
Hills had testified to. The court re-
porter read from his notes
Judge Powers then asked Mr. Hills II
he wished 70 change his testimony, Mr..
Hills new testimony was almost the
same as that of the day before
When prior to May 22nd had Mr..
Van kuran's accounts been checked
up asked Judge Powers.
can ] refresh my memory on that
STRIP asked Mr.. Hills.
II guess so. II don't seem to be the
best" returned the counsel for the de-
Tense, and all Including the witness had /
10 smile
Mr. Hills then replied that the pre-
vlous dates OF checking Mr., Van Kur-
ans accounts were Oct. 20, 1899 July 2s,
1899, January 81, 1889 and March 81, 1898.
Clarence NJ. Abbott, the claim agent
for the National Surety company, was
next called TO the stand. He testified
that Mr. Van Kuran held an indemnity
bond In his company. His attention
was first called to the alleged defalca-
tion about Feb. sth or 9th and he came
here on the 18th. He met Mr.. Van
Auran that day at 1880 o'clock In the |
knutsford with MIR. Hills. Mr.. Van
kuran after we went 10 my room.
asked me what | intended to do about |
IT, told him | thought II was up to |
him. Mr., Van Kuran said that he would |
not go 10 Chicago or Omaha I'm the Gus |
tody Of an officer or put up bail. He |
said that Van Kuran asked n |
he would accept insurance policies |
valued al $500, and | said that would |
not accept them and refused to enter |
tain such a proposition. We then went
to the Office with Mr.. Williams. the
counsel OF the Oregon Short
Line. II was agreed that the defend
ant should furnish bail and | told him
that | thought IL would be high | said
that II 5000 would be agreeable 10 the
authorities II would be agreeable TO nv
company We then went to the JUS
tees Office, drew up the complaint aud
Fixed NJ the bail.
Il saw Mr.. Van Kuran In the sherlffs
office next day. | asked Mr.. Van Ku-
IAN how long the shortage In his ac-
counts had existed"
Did you say this In the presence
If the sherin?" INTERRUPTED Judge
Powers. Did you say that you would
Use against him anything he had
iaid?"
No str"
Continuing Mr.. Abbott said that his
hOriGge would amount 10 about foui
n fiye thousand dollars. / asked him |
low much the woman IN the case got
mt OF 1t. He said oh, not much, about
en- or twelve hundred dollars He
dded that he could not recover ans
{ the money as 1t had all been blown
n. lie asked me TO call up his father
n-law Mr.. Phelps, In Omaha, and /
aid that he might
The application for the indemnity
)ntract with the National Surnty COM
any OF New York for $4,000. dated
'cb. |. 1895, was then offered In c,i-
ence and admitted and market eN-
ibit Is The bond indemnifes the
urety company against all loss sus-
aimed by II on account OF the party
ikine out bond. Tho bond was sub ,
equently increased TO $4,000.
Mr. Abbott said IN cross-eXamination
lat he had been a claim agent for the !
lrety company almost four years. lie
ad been five years with the COM
any. Before that he had been In the
ite department Of the Joint Traffic
ssociation OF New York This con- J
uded the examination of Mr.. Abbott
" the present,
william o. Cleland. bookkeeper
McCOrnicks bank, was next called 7
Y the prosecution. He stated that the 1,
slance In favor OF the Oregon Short
Inc railroad company on Feb 5th was
8 1000. lie was examined as 20 the | q
ct OF the deposit at the Mccormick
INK OF the nineteen checks already | A,
limited In evidence and marked ox- | !,
bit 10. all OF which he said had been :
'posied IN the Mccormick bank. sir. :
eldhu tdlu udt tHt deposits OF fcb. | i,
h were from the local Office. Sl.2SS.sS y
ID t2g.52J.i5 from outside offices. These :,
turcs were given by Mr. Cleland all y
Il one OF the bank pass books having y
en- DESTROYED in the recent Short n
ne building Gre. y
In cross-examination Judge Powers y
ked MIR Cleiand 10 turn TO the rec. =
d Of oct. 80. 1899 He said that his
cord only covered February. 1900. Mr..
Gland was then excused after being n
strgcted 10 appear tomorrow with the ="
cords for 1902
Mr. Hills was again recalled by the
osecution. Reading from the bCnk
Ok ne said that on February 9TH the =,
lance at McCornick's bank was $50. s.
"a, at Jones bank ii2i5 and the L.
N receipts boob showed remiitances b
pm agents and conductors amounting al