The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-10-10
SWAN CASE ON TRIAL
Former Deputy Clerk of Weber Coun.
ty Is Charged With Bounty
brands.

The sensation that was looked for in
the alleged bounty fraud case OF the state
/ Us. ". r. Swan III the district court yes
/ terday did not materialiZe and the sub
/ mission of testimony for both sides was
brought 10 an abrupt end shortly before
! 1 clock in the afternoon. after which
the case was continued until 10 clock
this morning, when the arguments OF
. counsel VIII be heard. Counsel for swan
I led NJ 10 the looked for sensation by
questioning A. H. COnlisk, who is a de-
PENDANT i'm similar proceedings and VINO
has admitted 80 being an accomplish or
Swans. concerning the transferring OF a
. bag Of money from the safe at the Union
} depot ticket office whore COnlisk was
employed. TO former County Clerk Z. X.
I HollingsWOrth. The witness denied any
knowledge Of such u transaction and after
the state had rested its case Frank Far
rel was called Go the stand 70 prove that
such "a thing had happened. about the
time OF the ailesed frauos. When Far
CUuiiSk chat he mad seen handle the
money from the safe, while he was pur-
chasing a ticket for Salt Lake, he was
excused from testifying further and the
defense rested without offering any evil
dence-
Atrer the jury had been secured. the
defense raised objections TO the complaint
. because it was drawn under the laws OF
1893. when it should have been drawn
under the laws of 1893 The former classes
the charge as a felony While the latter
l
contention the counsel for the defense
refused to exercise its right 10 I'VE per
eInptory challenges OF jurors, using but
the three which are allowed them on d
misdemeanOr charge. Tho court now
ever permitted the case TO be tried as
felony action.
The most interesting part OF the day s
proceedings was wnen \, ii, Conllsk was
placed on the stand for CROSSE Xaminauon
by Attorney W. J.. Maginnts, one OF the
counsel for the defense Just previous
to this time, after he had been admOn-
| iShed By the court that he had the right
! that might be asked OF him on
the ground that it would incrimi-
that on Jan. ii he had received a tele-
phone message from Swan, then a dep
uty clerk, to come to the county CLERK
office for a voucher, which was there Ior
him. As he had got a number OF NOucu-
ers prior to this, he said he undeTstood
what the message meant ana that ne diu
as he was requested. After signing MS
name to the voucher. he clalned Lnat
Swan took the book to Miss Eva c. Erb,
another deputy, who also signed II. swan
then tore out the voucher and handed II
to him. He testified to taking the war
rant to the First National bank where II
was cashed, and to dividing, equally, the
amount secured with Swan, ia the tal-
staff cafe the same evening. Mr. Maslh-
mis- brought out the fact that Conlisk was
not sworn in the clerks office as Is re
quired by law also that the district at
torney had promised that if he would
turn states evidence that he would not
be proceeded against and that he was viii
ling 10 testify for the state that he might
go 'scOt free" COnlisk said that he was
not aware that he was responsible for
more serious crime, that of perjury. He
admitted that he knew it was wrong 10
swear to something that was not true but
that he never thought OF perjury. In ad-
dition to the name of Miss Erb John Y.
Bluth and Thomas b. Farr. former depu-
ties in the clerks office, were brought
into the case All of them have their
names attached to some of the question
able vouchers.
The other witnesses were State Auditor
j. Z. Edwards, who testified as to the
validity of the warrants; David MattSon,
who testified as TO the issuance or the
warrant under which the complaint was
he had with Swan shortly after the lat
ter's arrest. during which Swan claimed
that CODiiSk received the greater portion
of the money obtained. Sheriff J. W.
Bailey testified as TO conversations that
were had with the prisoner, IN which ne
admitted that on but one occasion had
COnlisk presented any hides which was
the only time that hides or scalpS were
used. This particular point was corrob-
GRATED by the testimony of COnlisk.
~ BY a special order Of the court {. w.
Jones, now under sentence at Salt Lake,
where he was convicted on a similar
charge, was brought to Ogden and was
pres, nj during the trial yesterday. lie
Wa, not put or the witness stand, how
ever but may be called in connection with
the cases that will follow the present
one. 1t is expected that the Swan case
viii 90 30 the jury today.