The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-09-09
FOUR MEN CHARGED
With CONSPIRACY
James A. Luke, Justice of Peace
Durand, Attorney Thomas
Kane Arrested.
FRANCIS G.. LUKE IS
INCLUDED in COMPLAINT
County Attorneys Office at Last
Acts Against Collection
Agency.

James A Luke. collector for the Mer-
| chants Protective association. a collec-
ton agency of this city; Charles r.
Durand, Justice OF the Peace at Murray
and Thomas Kane, attorney at MURRAY
Tor the collection agency. were arrested
by Deputy Sheriff Joseph C. Sharp Satur-
day afternoon on charges OF criminal
conspiracy The complaint upon which
the warrant was isued was prepared and
drawn up by Assistant County Attorney
Willard Hanson,
Francis G. Luke. manager OF the collec-
ton agency. is out OF the State having
left several days ago for Alaska, but had
he been Ia town he, too, would have been
arrested as his name appears on the
complaint and on the warrant OF arrest.
Several months ago The Tribune began
giving prominence TO the many petitions
for wrlts Of prohibition and mandamus
against the Murray justice that were
being filed In the District court, and has
repeatedly called attention to the fact
that there was little doubt but that the
Justices court at Murray was being con-
Quoted contrary to the provisions OF the
statutes.
More recently prominent attorneys In
the county made Investigation, and hav-
Ing satisfied themselves that gross in
Justice was being worked out In Durand's
court and that some steps to put a stop
TO the proceedings should be taken, an
nounced that unless the County Attorney
took some action they individually would
file complaints and prosecute the re-
sponsible parties,
Compelled to Act.
The County Attorneys office, thus
pushed to the WALL took UP the matter
and has been working on tho case for
nearly a month, with the result that the
complaint was filed Saturday afternoon
hcfn TulC oiya In, tho ~ftyiI 1t,-i-
sion of the city court and was sworn to
by Robert Bridge, a deputy sheriff. es
was also the warrant OF arrest.
Assistant County Attorney Hanson ac-
companied Deputy Sheriff Sharp TO MUIR
ray Saturday afternoon when he went to
make the arrest, Before announcing the
purpose OF the visit Mr.. Hanson states
that he had a lengthy conversation with
Justice Durand In regard to the manner
that be conducted his court. Mr.. Hanson
declares that Durand admitted TO him
that Kane, the attorney for the collection
agency, spent his entire time at the court
attending to the business OF the agency.
Mr.. Hanson stated, too, that while he
was talking to Durand man who had
been cited to appear before the latter
came to Durand's Office and that he was
taken inside by the attorney, Kane, while
Durand remained outside with Mr.. Han
son. Kane did all OF the questioning OF
the man who had appeared In answer TO
q citation. Durand not even going inside
of the court room.
Judgment Entered in Blank.
Mr Hanson states further that he not
iced that in one place IN Durand's docket,
which be examined that judgment had
been entered against man and signed
by Durand. but the amount or the judg-
ment was not filled In. Mr.. Hanson ques-
toned Durand about it, aud he admitted
that that was frequently done. In refer
ring 10 this particular matter Mr.. Hanson
stated that he considered il gross out
rage, as any one who might gain access
10 the books could fll in the amount at
any figure he wanted to.
Durand also admitted to Mr.. Hansen,
so the latter states, that he has been
in the habit OF signing his name 10 blank
writs of execution and turning them over
TO the Luke agency. where they were
filled out as they were needed and as oc-
caslon demanded,
After Mr. Hanson had secured this iu-
terestiug information from Durand the
deputy sheriff was allowed TO proceed
with the serving OF the warrants Durand
md Kane were brought to this city and
taken before Judge Whitaker, James A.
Luke was also placed under arrest and
brought before the court. All OF the mon
were allowed TO go on their own recoS-
nizance until Monday, when they VIII De
arraigned.
The Assistant County Attorney stated
Saturday night that he intended TO nave
the preliminary hearing set for Monday
n posslblo and that the case Will bo
pushed. There was but one complaint
drawn up In the case, all four men oeing
charged on the same complaint IL 10 as
follows;
In tho City court, in and for Salt Lake
City. Salt Lake county, State OF Ctah, og!ore
J. ]. Whitaker, Judge, The State OF utan
VS. Francis G. Luke. Jamos a. Luke, onar'cs
+. Durand and Thomas Kane, dcfendsnts--
Complaint n ,ooc
heforo mo J. J. Whitaker. Judge OF the Clty
court, within and for Salt Lake CITY, SAT-
Lake county, State of Utoh' personaiIy aP
poarod Robert Bridge who, 0n ,,9 pong ,hat hrs,
Francis G. Luke. james a. Luxe Cnarles
F. Durnnd and Thomas Kane OF tho soth
day OF January A. D. ieSo' ,S =, Tr.;, .nT ,Vu tb.
cr;mc of conspiracy as follows, 10 Wit; Ihat
the said Francis G. Luke. James A Luxe,
Charles F. Durand and Thomas kane nj the
fniIy and muNcously did consptre, combine
and confederate together falsely to move
and maintain certain suits: actions ana pro
ccodings, to commit acts fof the perversion
and oSstruction Of justice and tho due ad'
ministratjon of the laws. and 10 faiseiy
chcat and dcfroud sundry and divers persons
of property by then and there falsely nmv Ira3E
pretending and representing that certain
cases had been duly commenced oeioro the
aforesaid Charles F. Durand, who was tneh
md thprn the duly elected, Qualihod and act
ing Justice OF tho Peace In and for tho
city of Murray, county of Salt Lake state
OF Utah that the said Charles +, Durand. as
Justice Of the Penco aforesaid, then ana
thore had according TO law jurisdiction of
certain cases which snd Francis e. Luke
James A. Luke and Thomas Kane: as ot:Sr,