Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-10-02


1 company had any bearing on the case
on trial.
The jury retired at ten minutes to
| one o'clock.
In his argument yesterday afternoon
| Judge Powers severely scored Claim
Agent Abbott, OF the National Surety
company. He characterized him az
wholly unworthy of belief, and said
that he falsely testified that Van Kuran
had confessed his guilt to him. Coun-
sci scathingly described how Abbott
had tried TO get the defendant to con-
sent TO assign his life policy OF Wow
10 the surety company to apply on the
alleged shortage and thus deprive Mrs.
Van Kuran and he's daughters OF what
would be coming TO them at the de-
PENDANTS death.
"Ie Is only a detective In reality,
and he felt that he had TO convict this
defendant or lose his Job. He is not
a native Of this state, thank God"
During this attack Abbott sat In the
bay window Of the court room, appar-
entity absolutely Indifferent 10 the hot
shot that was being poured into him.
Judge Powers commenced his argu-
ment yesterday afternoon by expatiat-
ing on the good citizenship Of the de-
PENDANT, his many good qualities ana
the devotion OF his wife.
Here we have" said the judge. "a
man Of high standing and | ask you,
gentlemen of the jury II this mans
life is not worth saving. Would society
gain anything by immuring him
In living grave, and tearing him away
from his loving wife and daughtersY
When he was struggling 10 pay his
honest debts does that show that he
was living beyond his means? All that
has been shown is that he was some
500 oVerdrawn In his salary, and many
of the other heads OF departments were
overdrawn for much larger amounts.
1T is not enough In this case to show
a mere error In bookkeeping II must
be shown that he appropriated $1,000 10
his own use The prosecution might
well say that II has blown away
There Is nothing 10 show that this de-
PENDANT ever had that money or even
single dollar of II. Has he arrayed his
wife In silks and satins and jewelsy
Has he speculated on the stock en-
changeY No. he has done none Of these
The prosecution would convict this
honest man on O mere theory; they
would figure this man into the peni-
Tertiary by Juggling a mass of figures.
They have utterly failed to prove thar
he has ever taken this money.
This man has put witnesses on the
stand 20 show his good character. The
prosecution has attacked his character.
but in the face Of this attack we have
established his good standing for hon
esty and truth, both In Salt Lake and
Omaha. aud that by people In the high
est public walks OF life. Van Kuran's
character thus established Is a shield
e protect him, and clear him
from the charge brought against him.
Il will show you, gentlemen, that II
ever there was a case In the world
where a jury would be justified Ia
bringing In a verdict OF not guilty
this is one. Do you know that In the
four years he has been in the employ
Of the Short Line he has handled over
sS6 600 600? II he had been the thief they
say he mas been. would he have taken IA
paltry sum like $4,000. less than one.
fortieth OF per cent Of what has
passed through his hands? 1t is too
improbable. And not only that. but that
ne would charge the sum up against
himself where II could be seen every
'"f ~ Wv %NNiAhi 'iitNts mere y flU
concealment there. II he had been the
man they say he is would he not have
made good his escape. He had man,
opportunities None Of these circum.
stances point towards guilt. Then they
1.-THE proseoution) have not shown that
the defendant was ever squandere,
OF money
Now, gentlemen. do you not think |
that 1t would lie heavy on your con- |
sciences II you should send this man |
TO the penitentiary and rend asunder
and tear down his household break up
his home"
Judge Powers then went into the evil
denoe Of the various witnesses. He es-
peciaily scored Chief Clerk Kimbal
whom he accused OF shading his an
swers and answering more than coun
sci askCd so as 10 get into the evidence
more than was required. He questioned
whether or no kimbsll might have
oeen 'monkeying' with the books at
night lie spoke Of the cash being sent
up to tle bank by Klmbal by means
Df a bell boy or the janltor.