The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-29
CHARGE of PERJURY
Nv CASE IWVOLVIIVG
THEFT of II HOUSE
Addison Cain Arrested Following Judgment for Man Whose
Dwelling Disappeared His Version of
an Unusual Tale.

Addison Cain, real estate man at 1850
South Main street, was arrested yester-
day on charge of perjury, sworn TO by
Deputy Sheriff AxeI H. Steele 1t was
the first time in nearly a decade, the po-
lice say, that an arrest has been made
on such a charge in Salt Lake.
The charge is based upon Gains tes-
timony in a suit on April %, in which
Mark Kunkel attempted to recover from
the Utah Lumber company and Charles
Z. Murphy $500 in actual damages and
5000 in exemplary damages, for alleged
trespass upon lots s, and 10, of Grand
View subdivision of block ia, plat d,
Salt Lake City survey. Kunkel com
planned that the lumber company had
wrongfully removed a dwelling house
from the ground.
Kunkel acquired his interest in the
property from P. T. Elwell, through Ad-
Olson Cain. Mr.. Cain was a witness for
Kunkel in the suit and, according TO
Deputy Sheriff Steeles affidavit, had
used ElWell "as a mere name, dummy
by him 0he said Addison CAIN for the
purpose of hiding or concealing his own
0he said Addison Cains) interest in said
business so transacted"
Deputy steeIe's Complaint.
Mr.. Steele, in the complaint, alleges
that Cain, during the hearing of the
Kunkel case, ''feioniously, falsely, ma
fled that he represented Elwell and had
represented him for years; that ElWell
lived at Mankato, MINI, and Travelled Tor
a st. Paul clothing house; that he rep
resented Elwell in loaning money and in
buying tax titles; that he had first got
Elwell interested in Salt Lake real es-
tate in 1893, while on a trip to Dubuque,
Ia: that at one time Elwell had invested
$4,000 in the purchase of one piece of
real estate from President Woodruff.
and that Elwells first investment in Salt
Lake, back in the beginning" amounted
to $500.
Deputy Sheriff Steele categorically
brands all these statements as untrue.
He alleges that Elwell is not a man with
money to invest; that he does not live
at MankatO, Mimi, and does not travel
for a st. Paul clothing house.
Mr.. Steele alleges that Elwell did not
actually figure in any of the deals and
transactions sworn to by Mr.. Cain while
on the witness stand.
Mr. Cain was taken before Justice of
the Peace Dana T. Smith. He was Civ
en- until Monday to plead to the charge
and was released upon his own recog-
nizance.
Addison Gains Reply.
The charge against Mr.. Cain, accord
ing to the real estate man, is the sequel
to the story of the stolen house" print
ed in The Herald on Sept. 13 1903. On
that date The Herald told of the dis
appearance Of a newly completed house
But for the turn things have taken, ."
said Mr.. Cain, 1t would be really an
amusing story.
Mark Kunke1 was a poor boy whom
7 had known in Waterloo. Ia. when
was broke and ne was struggling to sup
port his mother and a family of little
brothers and sisters. At that time, I
promised him that if il were ever in
nv power 1 would do something for
him
Some years ago he acquired the prou-
erty at Eighth and L streets from FL
well and decided to build a house.
Through me he secured a loan that
would enable him to put up the sort of
dwelling he wanted.
'But before the money was paid to
him. he went to the Utah Lumber COM
pany for the lumber and other material.
The carpenters who had been set at work
completed tie dwelling on Sept. p That
night. dark. rainy night, the newly
completed building disappeared.
This stealing of a new house was re
ported in The Herald.
Suit to Recover House.
Now for the facts brought out by
subsequent investigation. Charles E.
Murphy Of the Utah Lumber company.
becoming uneasy about Kunkers ability
to pay the bills for material, had sent
men to carry off the dwelling. II was
taken to a lot which Mr.. Murphy had
purchased for that purpose.
1T was only a short time afterward
that the money Kunkel borrowed on his
property arrived.
'Kunkel. on learning what had be-
come of his house. brought suit against
Murphy and the Utah Lumber company,
and / was a witness in the case. There
were three trials. but the matter was
not finally settled until last Wednesday
in Judge Lewis court. when a judgment
of 800 was awarded Kunkei against the
lumber company.
"At all of these trials. my testimony
was the same. ! told of the transac-
lions I had carried out for Elwell. These
facts were narrated by me for the third
time while l was on the witness stand
in Judge Lewis court on Tuesday, the
case having occupied the attention of the
court all of Monday, Tuesday and We'd
nesday.
EIweII Appears on Scene.
Now it happened that I had, be-
tween the second and third trials, fall
len out with Elwell, the man named in
the action brought against me. 1t was
merely d disa agreement about business
matters. Some of our deals did not turn
out as profitable as he expected. and
he was ready to injure me- if he could.