Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-02
Preliminary Hearing Commences
Before C. N, Nelson,
COUNSEL WAKES FACEII0US
story Of The Alleged Bogus summons
That brought Famous Collector OF
had Debts Into Court,

The preliminary nehilHs VI fiHiiN"
q. Luke. Of the Merchants Protective
association on the charge Of forgery
was begun before Justice g. NJ Nelson
In Judge Diehls courtroom this MORN
ing at 1915 The case is an important
one and involves numerous Intricate
points and will likely occupy a goodly
portion OF next Monday, before the
evidence is all In, unless, of course, II
is terminated suddenly by some action
of counsel for the state or the defense.
The charge against Luke IS that on
the 18th day Of September 1901, he is
sued bogus summons TO G. w. Pal
mer to defend an action brought
against him By ]. D. Wood, In Justice
Lochries court to collect the sum Of
sl.eS, and that then and there, Luke is
alleged TO have forged the name of
Peter Lochrle to said summons and
mailed the same to Palmer
1t is surther alleged that at
the time OF the issuance of the
summons, no complaint had been filed
in Justice Lochrie's court.
Upon receipt of the papers, Palmer
at once communicated with Attorney
j. W. Strlngfelow, and retained him
10 defend the supposed action. String
fellow at once proceeded TO look into
the case, and the first thing he did was
10 call on Justice Lochrle for the pur-
pose Of examining the original papers.
After careful search for the docu-
ments, they could not be found and
Attorney Stringiellow SUSPECTED That
all was not as II should be- In COM
pany with Justice Lochrie he called
on Luke at his Office and demanded TO
see the papers, but Luke said they had
not yet been returned by the officer
Stringfellow called his attention TO the
TACT that the summons had been, sent
through the mail, and that no officer
had them. AT this Luke became angry
and heated words followed. He then
proceeded to interview the county at
torney and laid the whole case before
him. a complaint was then drawn up
charging Luke with forgery, signed by
Attorney Stringfciiow and setting forth
the allegations above stated.
The complaint was filed before Judge
DIehl and Luke was placed under ar
rest and admitted to bail in the sum OF
81 900.
Luke felt that Judge Dlchl was
)reJudiced and the case was given 10
Justice Dana r. smith, and later trans.
ferred to Justice Nelson's court
The prosecution IL being conducted
by County Attorney Christensen ana
Assistant County Attorney Ritter. Luke
Is represented by Attorney Hoppaugh.
PALMER TEsTlFIEs.
q, W. Palmer vas the first witness
called this morning. and answering At
rorney tlitei said that he received lea
Ter and summons from Francis G..
Luke, on or about the 18th Of Septem-
Der. that II purp0lted TO be summons
tor him 10 appear and defend an ac-
ton against him.
Mr.. Palmer said that he retained Az
toiney stringfellow to defend him, and
that he was 10 pay the lawyer $40 for
his services. On cross examination, he
said he did not remember that any
thing was said about a retainer, except
that he was TO pay counsel the amount
agreed upon, The amount was sug-
gested, or fixed by the attorney.
Mr.. Strinkiellow WAS called next and
stated that he was a member OF the
Salt Lake bar, and had been adj
mitted 10 practice. He said al
Ter being retained by Palmer he
went to Justice Lochries Office TO
look up the original summons, but that
after a lorS and careful search the
document was not forthcoming. and
that Justice Lochrie had no recollection
Of f. Then In company with the jus
tlce he went TO Lukes Office and de-
manded TO see the summons. Luke
said the officer had not returned II.
SLIGHT DISCREPANCY.
Then said" continued the witness
"the summons was sent through the
mail and no officer has had H." Al
this he said. Luke became very angry
and said: III II was sent through the
mail It IL not In the hands Of an Officer
and must be In this office" But the
defendant did not make any effort tC
produce the desired paper and witness
told him II he did not produce the sum.
mons al once he would make him do so
The part In relation TO witnesses In.