Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-10-02
THE FATE OF
A. J. VAN KURAN
Question Of Imprisonment or Lib
ery Now 10 Iury's Hands.
CONCLUSION OF ARGUMENTS
Jodge varian severely Criticized
Judge Powers, "Toogue-Lashing"
OF Claim Agent Abbott

The Van Kuran embezzlement trial
Is concluded at last, and the jury Is
now Weighing the mass OF evidence and
struggling with the maze OF figures
that have been submitted to them by
co''nsel for consideration,
Following is the personnel of the
jury:
francis Taylor, John Riches, w. +.
Moreton, Edmund S. Loyesy, C. q.
Johnson, ]. p. Cahoon, Henry A. Tuck
EFT. Samuel II b. Smith.
col. Nephi w. Clayton, Apostle John
Henry Smith and bishop IA. Il. Claw
sos were among the audience this
morning, and listened with apparent
interest to Mr. Nlrians argument 10
The jury. Mrs. Van Kuran was again
in court at her husbands side, as she
has been each day since the commence-
meni of the trial last Thursday.
Judge Varian concluded his argu-
ment this morning, commencing al
1915 o'clock and finishing at 1920
Neither Judge Powers nor Mr.. Booth,
c.tUasel for the defense was present.
Attorney strap, of Judge Powers
tisn was, however In court
AIR. Narian started IN this morning
~ stating that although the burden
Of proof rested with the prosecution, 1t
rested with the defendant to explain
the discrepancy In his accounts.
rhE Van Kurans office VAS being
checked on the Sth day OF February"
continued Mr.. Varian, and he was
not there. What object had Mr. Hills
or the National Surety company TO
prove that AIR. Van Kuran was guilty?
Was II not more TO the interest OF botn
to md that he was innocent? Ii the Of
fee had been help w or burnt down Van
Kuran would not have been held re-
sponslble. His bond was merely Ii
guaranty OF his integrity, He knew
that he could never obtain another po-
sition OF trust In the United States II
he were found guilty. On the night OF
the 9th OF February he knew that he
held In his hand the future Of his wife
and daughters"
Mr.. Varian severely critized Judge
Powers tongue lashing" OF Mr.. Alb
bott, the claim agent Of the surety COM
pany He characterized II az a school
boy trick, taking advantage ~ the pro-
lection of the court to say things that
he would not dare TO say to the wit
hTRs face II he met him IN the street
lie 'stigmatized the statement that Mr.
Abbott had tried 20 rob the widow and
orphans Of their insurance policy as
high-flown sentimental gush for the
benefit OF the gallery. II was not for the
benefit Of the court or jury.
What foundation was there for ali
this TRADE against Mr. Abbott ?" asked
Mr.. Varian. WAS he not doing hts
bounden duty towards the stockholders
of his company? And the Short Line
company showed the most marvellous
consideration for Van Kuran In their
treatment of him"
Mr.. Varian drew the attention OF the
jury to the two items in the cash blot
ter which, 1t is alleged, were raised 81
GOO each, and which thereby made the
total OF $4,000 odd dollars agree with
his chief clerks balance, which was 49,.
600 more than Mr.. Van Kuran's.
Mr.. Varian made the statement that
any desire to see Van
kurans books till the day
before the trial. This drew forth a
vigorous denial from Attorney Booth. OF
for the defence, who said that
had been refused.
Counsel drew attention TO Auditor
Hills testimony that Van Kuran had |
asked him 10 call on his relatives in |
Chicago and tell them about his case. |
md that he had done so.
why would he call on Van Kuran's |
relatives II there was nothing TO tell
'hem?" shouted Mr.. varian.
Mr. Varfap tbap dra.v .ka for,,s -
ention to various entries IN the bank
balance book and the bank pass book.
These balances" said Mr.. Varlan.
Invariably show a shortage OF 5000.
md how has the defense explained
his9 Simply by attack and inuendo
gainst the witnesses for the prosecu-
ION"
After all the dust has been blown
way" said Mr.. Varian. that has been
aised by tho gentlemen Of the defense.
ask YOU 10 examine the evidence ac-
ording 10 the testimony which has
'een adduced and to consider the
acts which have not been esplained
remember, gentlemen. that this de-
endant has every reason 10 disguise
he truth. What will man not do
o avoid the shame and humiliation O,
ding 10 the penitentiary?"
AT 1920 o'clock Judge Stewart COM
nenced his instructions 10 the fury.
mich We're full and comprehensive. He
unon the jury that The cues.
lon for their consideration was simply
he case OF the state ~ Utah against
Irthur ]. Van Kuran, and no civil suit
7 either the Oregon Short Line rail-
Dad company or the National Surety