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

tied to its credit with First National bank
of Logan City. Utah
Ali of which is contrary to the form.
force. and effect of the statutes of the
state of Idaho in sucfs cases made and
provided and against the pace and dig
nifty OF the state of Idaho Said COM
plainant therefore prays that warrant
may be issued for the arrest of the said
Arthur W. Hart and that he be dealt with
according to law.
Joshua ADAMS.
Subscribed and sworn to before me this
JAMES BODILY, ]. p.
Filled this 18th day of January. 1908.
JAMES BODILY, j. P"
That a similar complaint in all respects
was also filed charging Mr.. Hart with
embezzlement in the sum of $4,000 filed
the same date.
Banks New Position.
For some unknown reason said officers
of the. First National bank of Logan
called Orson P. Rumel up by telephone
and announced that they had determined
not to appear against Mr.. A. w. Hart.
On the same evening Joseph Davis, the
prosecuting attorney for Oneida county.
returned from Malad. and being Informed
of the change in the determination of
said officers of the First National bank
at Logan, called up Mr.. Armstrong, of
Salt Lake City, and finally persuaded that
gentlemtn to consent to come when want
eu. T.. DAVIS ll1en cale0 up DY phone
the officers of the First National bank
at Logan and pleaded with them to
change their attitude, and comply with
the request of the officers of Oneida coun-
promise, and upon which the complaint
had been filed announcing to them that
of they still refused he would have 10
file statement in court, setting forth
the reasons for his dismissal of the ar
ton. Every person who is familiar with
the law realizes the fact that one state
cannot force obedience to a subpoena
from a citizen of another state, and
whether this scheme from its first In
oeption was done deliberately and with
the knowledge that witnesses could not
be brought from the state of Utah, the
writer leaves to the Inference of your
readers.
Efforts Are Futile.
This much is a fact, that the dispos-
ton of the moneys of the Oneida Irriga-
ton district through banks in Utah
makes our efforts futile at the present
time to make out a criminal case against
Mr.. Hart, and upon the absolute refusal
of these officers of the First National
at Logan to appear in response to Mr..
Davis personal request Mr.. Davis filed
the following statement and dismissed the
case:
"In the justice court i'm and for the
precinct of Fairview. county of Oneida.
state of Idaho. The state of Idaho,
plaintiff, VS.. Arthur w. Hart, defendant.
Now comes Joseph Davis. prosecuting
attorney in and for the county of Oneida,
state of Idaho, in support of his motion
to dismiss the action filed against Ar
thur w. Hart for embezzlement of public
funds alleged to belong and being the
property of the Oneida Irrigation dis
trict, of Oneida county, state of Idaho,
and which action was signed by Joshua
Adams in his official capacity as presi-
dent of the board of directors of said
district, on the 18th day of January. 1908,
for1 To al - To- TQr.I
b ''First-Said criminal charge was not
filed until Mr.. OrsOn p. Rumel. expert
accountant engaged by the Oneida Irri-
cation district. obtained a promise from
officials of the First National bank Ct
Logan City, Utah, that either the cashier
or assistant cashier, together with GER
tain records of said institution would be
brought into court, as evidence and to
testify upon matters as charged in said
complaint accusing the said ArthIr w.
Hart Of embeZzlement, and that the said
Orson 2. Rumel alleges that said promise
was made to him by said officials of the
First National bank on the 18th day of
January, 1903.
''Second-That said officials of the First
National Bank of Logan, Utah. did on
the 18th day Of January, 1903. call up by
phone, the said Orson p Rumel, and
notified him that neither the records
asked for nor the cashier or his assistant
would come and testify in the above en-
titled case.
''Tnird-That on the 10Th day of Janu-
airy, 1908, Joseph Davis. prosecuting attor-
ney in and for the county of Oneida,
called up the said First National Bank
of Logan. Utah. and was then informed
by Mr.. Crockett assistant cashier of said
institution, that they would not come
and testify nor produce in court the rec
ords requested by them. and alleged that
they understood it was civil instead or
a criminal action.
"Fourth-That said records and testi-
mony of said cashier are absolutely nee
essary and vital in the above Criminal
action, and that it is the opinion of said
Joseph Davis a good case could be made
against said Arthur W. Hart with the
evidence of said cashier md the records
of said First National bank but that
the records hereinbefore mentioned, facts
ed. therefore, move this court to file this
statement and dismiss the said action
dated this 18th day of January 1905
JOSEPH DAVIS,
Prosecuting attorneyfor Oneida county,
Idaho"
No Personal Spleen.
In conclusion we submit the testimony
that has been taken in the investigation
of the above matter for the considerat ton
of the public, and TO affirm that nothing
has been done through malice or personal
spleen, but simply for the benefit of the
Oneida Irrigation district as a public cor
pOration, and for the people who reside
therein. Respectfully submitted