The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-06-16

FACES A JURY
IN NEW YORK
Magazine Writer Is Charged
With Larceny in Selling Fake
Cleveland Article.
WIDOW OF PRESIDENT
ONE OF THE WITNESSES
PROSECUTION SAID TO BE IN
POSSESSION OF AMPLE EVIL
DENcE TO CONVICT.

New York, June 15.-With Mrs
Frances Folsom Cleveland, widow Of
the late Grover Cleveland. called as d
/ witness, the trial Of BrOUghtOn fran
denburg, the magazine writer, on
charge of grand larceny. began in the
supreme court today. The charge srew
out of the sale Of a newspaper article
which Brandenburg IS alleged to have
disposed of t. a newspaper OF the rep
resentation that ex-President Cleveland
was the author. Mrs. Cleveland after
ward repudiated the article.
Mrs Cleveland, accompanied by
H. S. Hastings, one of the executors un-
der Mr.. CIeveland's will. arrived at the
criminal courts building early today.
She was dressed in deep mourning. Her
testimony was expected to be taken as
soon as the selection of the jury was
completed and one or two witnesses had
been called to establish the sale of the
article by the defendant
Talesmen Questioned.
Counsel for the defendant asked the
talesmen if the fact that the article on
which the charge is based was political,
written during the last campaign ana
favorable to one of the candidates fAlr.
Taft would influence their opinions or
prejudice their minds. The work of Sc
lection of jurors progressed rapidly and
the jury box was filled before noon.
Assistant District Attorney Mott sad
the state would show that Brandenburg
waited until Mr.. Cleveland died before
he attempted to sell the article purpOrt-
ing TO have been signed by Mr.. Cleve-
land.
"A man who will attach the name If
a former president to a false article
and inject the article into a national
campaign performs a grave injury to
the public. said Mr.. Mott.
Ample Evidence.
The prosecutor said he would adduce
evidence that it would have been
physical impossibiiity for Mr.. Cleve-
land to sign the article at the time the
defendant contends he did
Counsel for the defendant made a
motion to dismiss the indictment on
the ground that the facts set forth
therein did not constitute the crime OF
grand larceny.
Justice Fitzgerald denied the motion
and insisted that Mrs. Cleveland's tes-
timony would be heard at the after
noon session.
Mrs. Cleveland on the Stand.
After Mrs. Cleveland had identified
Mr. Cleveland's signature to several
checks, Mr.. Mott showed her steel
plate on which was engraved the name
of Grover Cleveland and asked her if
it was her husbands signature. Mrs.
Cleveland said it was not This closed
the direct examination.
on cross-examinatiOn. Mrs. Cleve-
land told about meeting John q. Car
Isle and +. ). Hastings and discussing
the article which appeared in the New
York Times Aug. &c. 1908, over Mr..
CleveIand's signature.
Did you hear Mr. Hastings say the
signature was genuine or authorize him
to say it was genuine she was asked.
NO, ] did not" said the witness.
Sent Telegram to the Times.
Did you send a telegram to the New
York Times in regard to this article
The witness said she did. and she pro-
duced the telegram.
Mrs. Cleveland said she authorized
Mr. Hastings to write the Times ana
say that they questioned the authen-
ITCHY Of the signature to the article.
Mrs. Cleveland said she had received a
letter. and only one, from Mr.. Branden-
burg III regard to the article early in
August 1908. The witness denied she
ever authorized Mr.. Hastings to write
the New York Times and say that the
signature on the disputed article was
genuine. Mrs. Cleveland was then ex-
cused.
Evidence of the Editor.
c. NJ. Lincoln. Sunday editor of the
New York Times, followed Mrs. Cleve-
land. He testified that ne had received
the Grover Cleveland article" from
Brandenburg about a week before fl
was published. Aug. 80, 1908. He stated
that Brandenburg had seen him and
talked with him about the article a few
days before that.
BrandentNrg had showed him a copy
Of the article, the witness said. and toll
him IL was one of three Mr.. Cleveland
had promised to write early in the year
bearing upon the campaign, but that
sickness had prevented Mr.. Cleveland
from writing more than the one.