The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-09-27

CAPT. A. A. SMITH
Is BOUND OVER
-
held to Federal Grand Jury for
RifIing Mails.
RELEASED ON $1,000 BAIL
%
MUST LEAVE NATIONAL GUARD.
RESIGNATION OR REMOVAL.
RELEASED ON $1,000 BAIL

Captain Andrew A. Smith Of the sig
nal corps. n. G. L. OF Utah. who was
arrested Sunday evening for opening
ana stealing money from a letter White
at work as a clerk I'm the Salt Lake
postoiiice, was arraigned at 10 a. m.
Yesterday before United States Com
missioner d. r. Twomey, and later
Eelu 10 the grand jury The complaint
against him was made by Postoffice
INSPECTOR L. G.. Sharp. and accused him
o. the theft of three bills OF United
of ST.
Attorney Farley p. Christensen ap-
peared for Smith. and asked the com
missioner to allow his client two DAYS
IN which TO plead. He said he had not
haa an opportunity 10 talk with Smith
as ne desired, having seen him for but
a lew moments in the city Jail In
spector Sharp objected TO the proposed
delay. saying he would have to leave
the city in the evening. as he was due
ln Denver on official business Thurs
day morning.
After consultation with Assistant
District Attorney Pennei Charrington.
commissioner Twomey adjourned the
proceedings until p. m. This. he said.
suit with his attorney and friends and
relatives and arrange for bondsmen.
saould he be held to the United States
district court.
Examination Is Waived
Promptly at o'clock Captain Smith
was again brought into court i'm custo-
qy OF Deputy Marshal L. II. Smyth.
ne was accompanied by Attorney
christensen. Commissioner Twomey
got down to business at once by read
ing the complaint. after which he asked
the prisoner what plea he desired to
nave entered for him on the records of
lne court. Attorney Christensen said
Smlth would waive examination and
asked that he be bound over TO await
me action Of the next federal grand
jury. He also said that Smith was
ready TO give bail aud asked that 1t be
liked at a reasonable amount
After a brief consideration of the
matter, Commissioner TWOmey fixed
bail at $500. and Smith and Attorney
Christensen arose to leave the court
room to consult with persons who pro-
posed to go on the bond At this Juno
ture Assistant District Attorney Cher
iington said he considered the amount
nNed as wholly inadequate. considering
the fact that if convicted Smith might
he sent TO the penitentiary for five
years He cited 4 number of cases that
had come before the court i'm which
the penalties that could be imposed for
the offenses alleged. were no greater
than those to which Smith had sub
Jected himself i'm the event of convic-
ton i'm which much higher bail was
eXacted.
Stealing Going on For Months.
"Pilfering has been going on in the
postotiiCe for months-fOr from three
10 four months" said ne. ''and always
while the prisoner was at work there.
and never when he was absent He
hns adnittedrtO taking the IS which he ]
- charged in the complaint with tax /
ing. and he has also admitted that he /
mt another time stole SO from a letter. /
but he claims the total of his stealings T,
viii not reach $40. While this may be /
true. the facts warrant the assumption I
that he has laid himself liable to have 4
other charges brought against him. 1
in fact, We have evidence against him /
totalitng 20 a greater amount than he I
has confessed To taking. Under the 1
circumstances I feel that the bond of /
$500 is not sufficient protection for the !
government
Attorney Christensen opposed an i'm /
'lf'ee-tl lut amount OF the bond. de- /
Claring that Smith was not disposed TO 4
run away.
This court would be perfectly safe
I'm accepting a bond of 500" said ne.
AS my client will be on hand when
wanted"
Commissioner Twomey asked Smith
II he was married man, and Smith
said Yes. sir. I'm a voice that was /
scarcely above "A whisper The bond
was then raised TO 81 900 and promptly
furnished.
Smith. during the proceedings. sat
near window. out Of which he gazed
except when addressed by the commits
sioner- He was pale and nervous and
II apparently required great effort for
him TO talk when II became necessary
for him 10 do SO. That he keenlv feels
the disgrace which he brought upon
himself was evident 10 all who come i'm
contact with him.