The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-29
NO CONFESSION,
SAYS VAN KURAN
Defendant TeStifieS in the Embez-
Element Case.
TOOK NONE OF THE FUNDS
DEFENSE ASKS FOR BURNED
BOOKS.
TOOK NONE OF The FUNDS

The defense IN the Van Kuran en-
bezzlemeut case had it's first inning
yesterday. Just before the noon recess
judge Powers made his opening state
mont to the jury. outlining the nature
of the testimony by watch he expected
TO prove the innocence of the accused
Special stress was laid on the fact that
UP to this time Van Kuran had enjoyed
a reputation. both in salt Lake and
Omaha, for unimpeEehab!e veracity and
uEcuo STONED honesty
As was forecasted in yesterdays Her
aid. counsel for defendant informed the
jury that il would be proven beyond a
reasonable doubt that the former local
treasurer Of the Oregon Shorz Zine
failroad company had taken none of
lhe IundS entrusted 10 him. Then the
proposition was laid down that 1t would
De SHOWN in the evidence that while all
or the ccmpany's money did not mass
tnTough the trcasurer's hands, he was
held accountable for every cent re-
ceived and disbursed. and that the book
entries were not all those Of the ac-
cused. Judge Powers added that il
would De shown further that errors In
bookkeeping. while not willfuI mistakes
mad crept into the accounts since the
last time the auditor checked Van Ku-
ran up, and all Of these apparent dis
crepancies would vanish and have
faded away long ago had the defendant
beer permitted to go over the books
instead Of being sent to jail
A significant part OF Judge Powers
statement to the jury was that the tes-
umcny of Agent Abbott OF the National
surety company as to Van Kuran's
confession Of guilt would be shown to
be deliberate prevarication. conceived
Tor the purpose Of fastening guilt upon
an innocent man.
At the morning session Of cour. For
mer Auditor Hills of the Oregon Short
Line. Treasurer's Chief Clerk KimbalI
and BOOkkeeper Cleland Of Mccormick
y CO.. bank were recalled to testify for
the prosecution. Then Fred n. Hess
boulJkeeper Of the Short Line auditing
department. took the witness stand to
identify a mass of book entries. This
closed the Prosecutors case in the
main, and Judge Powers followed with
his opening statement Cor the defense.
Books Were Burned.
Counsel for the defendant called for
a long list OF books of account kent
In the Oregon Short Line treasurer's
Office. in addition to the books and alb
stracts offered by the prosecution in
evidence, but il was stated by Attorney
Narian that they had been DESTROYED
IN the recent fire which wiped out the
railroad cOmpany's general offices. On
Judge Powers request the record was
made to show that these books, upon
which the defense relied in part to es-
taDlish a verdict Of acquittal. had been
destroyed in the fire: Cash RECENT
hooks covering the period from March
1879, 10 January. 1901: cash payment
books, March. 1897. 10 August. 1901: all
stubs of draft and check books. bank
deposit check stubs. credit slips made
DN the treasurer and his chief clerk
impression books of correspondence and
-soUcRsrs paid. all Cancelled checks.
bank statements and pass books.
Already in evidence were account
books covering only a part of the Pc
Rod from May. 1900. when the accounts
OF Van Auran were checked by the au-
dttor and found correct. ana Feb s
1901. the date named in the informa ton
wnen the treasurer was short $4,000
Several Of these books and papers were
badly damaged by fire.
Ven Kuran's Good Character.
At the beginning of the afternoon ses-
sion Judge Pow ers offered in evidence
a batch of letters from bankers 1u-
dtciai and other public officers. railroad
and transportation officials, and prOn1i-
nent business and professional men OF
Omaha, where Van Kuran formerly
resided. all certifying TO HIS high char
acter and unquestiOned integrity. For
the purpose of eXpediting the trial, At
torney Varian. for the prosecution. con-
scented to admit that up to the time of
the defendants arrest last February
his reputation for truth and honesty
was unaSsailable.
From few minutes after ? O'Clock
until the hour Of adjournment the de-
PENDANT was on the witness stand. For
the most part his examination was te-
dious. for the reason that he had to go
over several items in the accounts that
had been called into question by the
prosecution and explain the errors or
challenge the accuracy Of the figures
placed before him If they were not of
his own entTH
Denied That He Confessed.
on the point OF having admitted his
guilt to Former Auitor Hills and Agent
Abbott Of the surety company, Van
Euran denied that he had ever said he
had taken the railroad companys
money. Rebutting the statement at
tributed to him that he had blown in
the $1,000 which he is alleged to bt
short. the defendant declared he an
swered his inquisitors that he had
blown in" his salary. meaning that he
had saved nothing with which to make
good any deficit when he was asked II
he could not pay back. not admitting.
however. that the errors in the books
were fraudulent.
Van Kuran declared that the agent
OF the surety company had asked him
to turn over ara insurance policy on his
life, valued at $500 but he declined 70
do So saving ne had no shortage to
make good. Abbott. the surety COM
panys witness. had testified that the
proposition to turn over the insurance
policy came from the defendant.
When court adjourned Judge Powers
announced that he had few more
questions 20 ask defendant before he
would turn him over 70 the prosecU
ton for REORGANIZATION Monday
morning.