The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-23
TYREE CASE HAS
NEW SENSATION
Chief Witness for State Is
Placed Under Arrest;
Then Released.
DEFENSE DISCLAIMS ALL
KNOWLEDGE OF ACTION
First Days Testimony Shows
Irregularities in Books of
Continental Company.

lIB dNtpIllCS Us HaNltlE inc appearance
nm attempt on the part of the defense TO
get out OF the way the most important
witness for the State. developed Wednes-
day afternoon. when P, J. Harding. former
bookkecper for the Continental Life In
surance and Investment company was ar
rested on charge of obtaining money
under false pretenses. Harding gave bail
III the sum of 500 and was released.
From Brigham City.
\ peculiar feature about the arrest was
the fact that neither the defendant. the
County Attorney nor the Sheriff of this
county were able to state the name OF the
complaining witness, or the exact nature
OF the alleged oftcuSc. The Sheriff office
here received instructions over the wire
from Brigham City, Box Elder county, to
arrest Harding upon the charge named,
but had no further information. County
Attorney Christensen made Intellectual
efforts TO get into communication with the
prosecuting officer Of Box Elder county To
learn the complaining witness and the de-
tails OF the alleged crime.
In Tyree Case.
All of this developed during the after
noon OF the first day of the preliminary
hearing of Hiram Tyreel president Of the
Continental company, who is charged as
is also Secretary Wyle, with certifying
TO a false report. felony under the Utah
statute. The hearing was begun Tuesday
IS Dichl. and after bricf session in tho
afternoon was continued until Friday
morning at 10 o'clock
Report Seemed to Be Wrong
According to the evidence of George II.
Squires, Assistant Secretary OF State.
who. with Bank Examiner GlaZier. made
the examination Of the books OF the COM
pany, the books showed expenditures
made by the company amounting 10 thou
sands of dollars in excess of the amount
tn N hl tFI
to and filed with Secretary OF State
Tingey
Clash Between Attorneys.
Tho hearing was marked by several
spirited clashes between Judge o. W.
Powers, counsel for Mr.. Tyree. and
chief assistant. job Lyon. Mr. Lyon
asked for further continuance OF the
case until Friday which was warmly op-
posed by Judge Powers who declared that
Tyree'S company was being wrecked oy
The course Of delay attempted TO be fol-
lowed by the prosecution. This Attorney
Christensen vigorously denied. affirming
that his office was acting legitimately ard
in perfect good faith.
Raiff Will Be Here
Attorney Lyon stated Wednesday night
that +. NJ Rain former manager of the
Western Securities company. would be
here Friday to testify against Mr. Tyree.
The prosecution expects TO show by Mr..
Rain something OF the relations between
the three companies which Mr. Tyree
organized and promoted
Summary of Testimony
Charles S Tingey. Secretary of State
and eX-otficio Commissioner OF Insurance
was the first witness examined. lie testI-
fled that on December 81 1895 the de-
PENDANTS, Tyree and Wylie. filed with his
Office the annual report OF the company
which was sworn to by them. Hc then
rccited that an examination of the books
had been made by his assistant George
u; Squires. and State Bank Examiner
Glazier
Bookkeeper Heard
William II. Cunningham now secretary
OF the Western Securities company of
San Francisco, testified that he kept the
books OF the Continental company up to
swore that he had kept the books after
that. and that all the entries were In his
handwriting, with the exception of entries
OF date of December 81 which showed
cash on hand that was not received until
after that date,
$4,000 Certificate.
Assistant Cashier whitney of Nc.
Cornick e. Co.'S bank identified a Ger
tifcatc OF deposit of date January is. 1901
which he declared represented a loan
made TO the company and secured by col
lateral notes. lie testified that this Ger
tlncate was not deposited to the credit
Of the company until April "a OF the same
year, on that day the loan was repaid
from collections made or note put up for
collateral.
on cross-examination bv Judqe
Powers the witness said that tho
loan was not negotiated through him and
that arrangements for 1t might have been
made prior TO December 81. 1901.
Books Kept Open.
Col Squlres. who followed Mr.. Wbitnc,y
on the stand, testified that from his cX
animation ne had ascertaincd that the
books of the company were kept open ar
ter December 81. l9O5 that the ccrtidcat.
of deposit for Sl5,GO. Issued January 1s
l95. had been entered as of date Dcccm-
Der 81. 1904
Strange Cash Account.
Col, squires further testified that the
figures used I'm making up the cash ac
count consisted Of petty cash. s132G. s13
5i2S notes, checks and the like nnd
cash account special fund of s27 292.Ii.
amounts paid out In cash discount en-
stock notes to the amount of sI2.2S9 81.
OF the Horsely note, not paid untIl Janu-
airy 10. $50. and of the certificate Of
deposit for $1,000. on the credit a,do
there was interest on certificate Of de-
poSlt, S6L!O; partial payments forfeited on
stock, $ll00 and balance OF 81 2s2 II
This consisted of expenditures that had
not been added to the amount rcpresantcd
as being expended
Expensive Promoting.
Going into the promotion account Of tbe
company. the witness pointed out items
- "a, @ SlIS'IS ,on 10! p"NcHi6 expenses OF the
ohlcers, siOo 10 actuarics and s13 80 dcsie-
mated as the ii Tyree promotion nc
count. expended In 1904. but not Included
In the expense account footing
Note Counted Cash.
Col. Squires also testified that the cash
on hand, reported as $13 5i7 Is Inchded
the PoindeXter note for S}s7S g. and tbat
while the report showed a surplus Of
El920. the books showed an existing
Afternoon Session.
AT the afternoon session Col Souiroe
resumed the stand but his testimony v,oS
merely recovering OF the ground TO
VeIsed during the morning WItbont
objection from the defense the case was
continued until Friday morning.
Sensation Is Sprung.
Then just before the adiournmcnf r,,
taken a sensation was sprung by the an
Tho ShcrlfT's office bara -, ~ tnal