The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-25
POWERS PLEADS
FOR HIRAM TYREE
He Contends No Crime Is Shown and
Bitterly Denounces T. N.
Raft.
WYLIE CASE is DISMISSED
ALLEGED CONFEDERATE OF TY-
Rec SET FREE,

Judge o. W. Powers, attorney for Hi
ram Tyree, president of the Continental
Life Insurance & Investment company,
charged with filing a false annual state
ment with the secretary of state, opened
his argument for the defense yesterday
in Judge c. B. DiehFs court, where the
case is having a preliminary airing. Judge
Powers said no evidence had been sub
mitted detrimental to Mr.. Tyree.
F. NJ. Raiff was denounced and his
testimony branded as false and the re-
suit of personal grievances. No man
should be condemned upon the testimony
Of such a wretch as this witness, Ralff,
said the speaker, who said Raiff had
been loyal to the company until the
check be was accustomed TO receive
failed to be forthcoming Judge Powers
asserted that the whole prosecution
hinged upon the bitter jealousy of few
individuals who wished to remove sew
pany and themselves fill the vacancies
thus made, or have their friends do so.
All Dealings Above Suspicion.
THE attack made against Mr.. Tyree
is Insignificant in itself when the INJURY
resulting to the company is considered,
continued the speaker, and charged that
thousands of dollars invested in the con-
Germ are in danger of being lost through
the prosecution directed against its head.
Judge Powers argued that the books
Of the company showed that all business
performed by the company was above
board Mr.. Tycee's actions had been
concurred in by the officials of the COM
pany. The attorney declared that the
company was las solid as a rock finan-
ciaIly."
The sworn testimony Of Colonel George
B. SQuires, assistant secretary OF state,
was dwelt upon at length by the speaker,
This witness testified that not one
cent was diverted from it's proper chan
nels. There was nothing in the COM
pany's books to show that there had been
the slightest defalcation, endorsement or
misappropriatiO of FUNDS" argued the
attorney.
Discusses Promotion Account. :
The entries made under wrong heads
were simply mistakes made by the book
keeper in charge" sai5 Judge Powers.
There has been no suggestion here that
Mr. Harding juggled the books No such
thing is shown to have been done, and
the prosecution has failed to show that
TyTee had any connection with the DOCKS
No one can be blamed for a mistake in
bookkeeping where the accounts were
charged up in the wrong place II cant
be said TO be more than a technical viO-
latiOn, if it was a violation at all
The promOti0nal account of Sl3,2J9
which the prosecution maintained should
have been added to the expenditure &C
count for 1904, was discussed by Judge
Powers, who said this amount had been
accepted as a promotion fund and was
RropeTly an asset 4 committee, compTlS-
ing W. H. Dickson w y NcCOrn1Ck ana
Frank R GOOding. governor Of Idaho,
had investigated the account and a re-
port submitted by these men had been &C
cepted by the directorate Of the company
Denies "Padding'' of Reports.
Among other charges was the applica-
ton of certain sums deposited in the COM
pany's bank after Jan ], 1905, upon the
report as being received prior to Dec 81
1904. This phase Of the case was also
brought up by Judge Powers, who assert
ed that these sums of money were really
received before Dec 81.
These receipts were simply delayed re-
ceIpts, and although deposited upon Jan
8. 1905. belonged to the account of the pre-
vious year. Jan. 1 fell on Sunday, and the
following Monday being a holiday the
banks were closed. making it impossible
Ceipts bore a December date declared
the attorney.
II was at this point in his argument that
Judge Powers attacked Raft After call
ing this witness a falsifieT. the speaker
explained to the court that Raft had sent
a telegram to Mr. Tyree swearing loyalty
and then, three days afterward, sent
other kilograms breathing vengeance
The speaker asserted that these tele-
grams explained clearly the conspiracy
that had been conCOcted by a few dis
desired Mr.. Tyree's removal, and were
ready to adopt any means TO effect it.
"a man who attempts to wreck the
company by which he is employed should
be shown little consideration exclaimed
the attorney
Argument Not Ended.