Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-07
Young Man Ordered Held 10 the
District Court 10
Answer.
THE HEARING THIS MORNING.
Examination Vas Only Upon one OF
Tho Cases Filed Against Him IA
Forgery Matter.

The preliminary hearing n Arthur
Brown was held before Judge Nhlia-
ker IN the city court this morning and
at its conclusion the defendant was
bound over 10 ,he district court and his
bond was fixed at 5000. the came
amount as originally fixed by the court
Tho hearing this morning was only
Upon ono of tho cases against him
charging him with forgery and ut
tering a forged instrument A. the
conclusion OF the hearing Asst. County
Atty Hanson stated that there was
slight clerical error In The other com
plant against Brown and ne asked
that 10 be- dismissed The order uf dis
missal was made and Immediately e.
new complaint Was filed correcting the
error The preliminary hearing In the
tecond case viii be held this afternoon.
QUESTIONED JURISDICTION.
When the case was called this morn
Ing Atty. G. s. Kinney entered a plea
20 the jurisdiction OF the court ln be-
half Of his client The plea set out that
the court had no jurisdiction over the
person Of the defendant because the
complaint was not Issued according 10
law The court oyerruled the plea
whereupon Atty Kinney objected 10
any further proceedings IN the case
for tho reason that he court had no
jurisdiction and because the warrant
issued was Illegal. This objection Was
also oyerruled. The attorney then OBJ
jected to the defendant being COM
PEELED 20 plead 10 tho charges but this
objection was oyerrulod. Both II the
complaints were then read % tho de-
PENDANT and he entered a plea OF not
guilty IN each cas-.
GREEN'S TESTIMONY.
The first witness called was W. G.
Orem. the manager OF the Utah-Apex
Mining company. whose name was
forged TO a check for S6,125 lie testl-
fed that Brown was employed by the
company as bookkceper and purchasing
agent He identified the handwriting
IN the body OF the check and the cn-
dorsement as that Of Brown. Tho
check was dated on Mas "a. and was
payable to Brown. but Orams name
was forged
r. T. Sharkey receiving teller al the
Commercial National bank. was then
called TO the stand and Identified he
writing on the check as Browns lie
faid that the check was presented by
Brown on May q. and was deposited 20
cover an oyerdraft against Browns ac-
count
The next witness was c. w. Hey
wood, a handwriting expert He Nlt-
90 that the handwriting on the body
and endorsement OF the forged che2k
was Identical 10 that Of Browns on le-
climate checks. which were introduced
In evidence by the state.
CAPTAIN BURBIDGE.
Capt. ]. b Burbidge Of the police de-
partment, was the last witness lie told
81 the arrest OF Brown az the Short l,ne
depot on May % and stated that when
arrested the defendant had something
over 5000 IN money on his person.
When the state restcd us case Atty,
Kinney moved that the defendant be-
discharged on the ground that tho sta.e
had failed 10 make a case against him
on either count Ia the complaint judge
Whitaker al once denied the motion
and ordered the defendant bound over
10 the district court.
The second complaint against Brown
was then dismissed by Attorney Har.
son, and "a neN complaint filed, and
the court VIII proceed with the preHm.
ihary hearing on the new complaint
this afternoon.