Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-24

upon the fact that the sum In ques-
ton, Sl3,25O, had been the subject
OF an investigation by committee
OF w. III. Dickson. w. :. Mccormick,
Frank II. Gooding and Mr. Steele,
PROMOTION FUND
The report OF these gontlc-
men had been accepted by the
directorate. and was thenceforth known
as the X. Tyree promotion fund. This
amount, said Judge Powers, With Sl2,-
209 known as the paid-up stockholders
bonus, which was In pursuance of a
resolution offered by Director Dickson,
was properly an asset of the company
1t would have been highly improper TO
have included the said sums in the ex-
penditures OF 1904, as the prosecution
claimed should have been done.
MERGED BY BOoKKEEPER.
The creation OF the promotion fund
and OF the stockholders bonus, which
was afterwards merged by the book
keeper In an account designated as a
special fund, was no act OF the accused.
The bookkeeping had been done by an
expert. and Mr.. Squires, the states wit
ness who examined the books had tes-
tined that there was nothing wrong In
the condition of the accounts. There
was nothing In the testimony to show
that defendant had in any way inter.
fered with the accounts or that he had
misappropriated or improperly used
one dollar of the company's money.
CASH IN TRANSIT.
Judge Powers took up that portion
of the alleged offense against Tyree
that certain sums of money received
subsequent to Dec. 81. l90i had been
made to apply on the report closing
with that day. The fact was pointed
out that Jan |. 1905, was Sunday, and
that the Monday following was Holt
day. The company's bank book
showed that amounts that had accu-
mulated We're deposited on the Ord OF
January and the succeeding three or
four days. These receipts, he declared
were legitimate assets Of Dec, 81, as
they were but delayed receipts. He
instanced the personal check of DR.. ii.
N.Mayo which was dated Dec.3l, though
not delivered to the company until
a day or two later Again. said Judge
Powers, II man like Samuel New
house should give a promise that a
certain amount would be forthcoming
asset, though not exactly on hand
MIR. MCCORMICK NOT CALLED.
The prose- ution, continued counsel
had failed to put Mr. Mccormick upon
the stand as they had expressed a
wish 10 do His testimony would
probably not be favorable to the states
case. Mr.. Whitney, on the stand, had
testified that the loan of $4,000 to the
company from Mccormick & Com
pany's bank might have been negotiate
er prior to Dec. 81. 1904 II It was, arr
gued Mr.. Powers, IL was an asset.
CALLED RAIFF A FALSIFIER.
Reverting to the testimony of certain
witnesses Judge Powers declared that
strong personal animus had been dis
played against the defendant This
was particularly so. he said, in the
case OF f. NJ. Raft, who had come here
to 'fill gap" His testimony stamped
him as a falsifler. one day ne sends
a telegram to defendant protesting his
own loyalty and giving encouragement.
and shortly afterwards sends dispatch
es derrogatory because forsooth his
matchmaking demands for money are
not compiled with. Such a person as
Rain, said Judge Powers would throw
down any one to accomplish his own
ends.
BOOKS PROPERLY KEPT.
Judge Powers contended that the
CONTINUED on page 81