The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-22

session until disposed. or paid out by au-
thority of law;
"Fourth-Deposits same or any portion
thereof in any bank or with any banker
or other person otherwise than on special
deposit, is declared to have committed
embeZzlement."
Check for $4,000.
The next offence committed by A.sW.
Hart was on April 3, 1905, when he again
drew a check for 10000 against the
Oneida Irrigation district funds on the
First National bank of Logan. Utah. i'm
favor of himself, and deposited It 10 his
personal credit with said bank. and On
the 9Th day of April, 1856, he issued his
personal checks to w. F. Armstrong, ex-
ecutor of the estate of Francis Arm
another for S4S6799, which concluded the
payments under the option obtained by
George e. Parkinson. The balance of this
money, or great portion thereof, was
loaned to contractors the Oneida Knitting
Factory. of which Mr.. Hart was pres-
dent tie First National Bank of Preston,
and 90 merchants of Preston, Ida. at q
rae of interest ranging from to u per
cent per annum. The profits from these
investments were participated in by Mr..
A. w Hart and his partnership.
And is is upon these facts that the com
plafnt was filed against Mr.. Hart, charg-
ing him with the crime of embezzlement.
In Logan Bank.
This complaint was filed only after the
assurance was had from the officers of
the First National bank of Logan that
they would cheerfully respond to the pro-
cesses of the courts of Idaho, and give
what testimony and present such records
as were in their possession, and deemed
requisiteN by the prosecution to establish
the allegations as contained in their COM
plant against said A. w. Hart and for
further reasons for filing at this time will
state that the statute of limitations would
expire on Feb. 9. 1903. All criminal cases
except murder outlaw in three years in
the state of Idaho, and the district court
converting at Malad on Jan. 20, 1905 II
was imperative that the case be filed at
this term Of court, or abandon the prose
cution. l now submit copy OF the COM
plant:
'In the justice court of Fairview pre-
cincts county of Oneida, state Of Idaho.
The state Of Idaho. plaintiff VS.. Arthur
w. Hart. defendant.-Personally ap-
peared before me this 18th day of Jan
uary, 1903. Joshua Adams. who, being first
duly sworn, complains and says: That
Arthur w. Hart did on or about the Sd
day of April, 1906 within Oneida county
and state of Idaho, and. within three years
prior to the filing of this complaint, be
ing then and there an officer of the
Oneida Irrigation district, a public corpo-
ration organized under the laws IF the
state of Idaho, and charged by law with
the receipt, safe-keeping and Il ansfer of
public moneys. to-wit; Attorney, secretary
and acting treasurer, and by virtue of his
said offices, then and there receiver
of public moneys belonging to said Oneida
irrigation district, and authorized by law
TO receive said moneys and then and there
acting as such officer, did then and there
wilfully, unlawfully fraudulently and fe-
lOniOusly, without authority of law, ap-
propriate to his own use and purpose,
not in the due and lawgul execution of his
trust, to-wit; To his own use. certain
money paid to and received by him while
acting in mis- official capacity as attorney
secretary and treasurer, to-wit: did trans
fer to his private banking account in the
First National bank of Logan, state OF
Utah, the sum of $4,000 from the pub
lie moneys of said Oneida Irrigation dis
trict, a public corporation, doing busI-
ness within the county of Oneida. state OF
Idaho, and which said piblic moneys of
said Oneida Irrigation district was Gepos-