Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-29
HENRY H. BLAKE
GIVEN NEW TRIAL
Supreme Court Reverses Decision
In Case by Lower
Tribunal.
OBSERVATION-DISCLOSURES
Chief Justice y. y. Strpup Writes
Opinion Involving Real Estate
Valued at Si,5O0.

In decision handed down THIS
morning by chief Justice ID. n.
straup OF tn supreme court, Henry
u. Blake. convicted OF criminal con-
spiracy to defraud T. A. Horn OF real
estate valued at $500 by selling him
worthless mining stock, was granted
new trial. II was held that peculi-
arity ia the type OF the letter N"
on Remington typewriter and the
Colorado Bond ON which the letter
was written was not sufficient evidence
to prove the authorship OF two letters
which were produced az evidence
Judge Booth OF the Fourth district
court, who tried the case erred in
allowing this evidence 70 be sub
mitted TO the jury the opinion says,
ana because II was incompetent and
lnadmissible the judgment of the
court was reversed Witnesses testified
that The same peculiarly might exist
IN the type OF other machines and
mat the Colorado Bond" paper could
De secured In any market This evil
dence, the supreme court holds. was
NOT given sufficient value. despite the
iact mat 81 was shown that the type
writer which bore this popularity was
sold 70 William A. Britain. who was
named as one Of the conspirators The
circumstances shown though of a
suspicious character. vet were not suf-
ficient 70 raise such a logical in
ference that these letters were writ
ten by Britain or Blake in the face
Of the unimpeached tetimony that w
l.. johnson Of San Francisco wrote the
letters. Without these letters. there IL
no evidence TO prove the essential al
lgations,' the opinion reads. "with
respect 10 the falsity OF the represen-
tations made by Blake Of the character
ana value OF the mining stock"
STORY OF CASE
The evidence shows that r..
A. Horn at Independence. Utah.
received letter purported 10 have
been written by W. l.. johnson Of san
Francisco, Nov. 90 1905. to the effect
that Blake who lived at Fort Duchesne
Utah, had something like 5000 shares Of
Galiher Mining stock. and that the
property was good johnson said that
he had tried to get Blake's price BIZ
that he would not sell 70 Johnson adj
vised Horn 20 see Blake and buy the
stock and hold il for him. johnson
advised Horn not 10 pay more than
80 cents asshare for Il because he had
purchased some for ~ cents, in another
letter. Horn went to see Blake ana
azprs sonw.,n es1et.n ttoas sseured a price
or'the Stock and exchanged n piece Of
real estate for the stock. Then Horn
wrote 10 the secretary Of the company
and found that the stock was worth
less. that the company was heavily M
debted, and that there was no profit 10
the ore on account or the mine being
% miles away from a railroad
Horn attempted 10 recover his real
estate but IL had been transferred three
or four times and he was unable 20 get
hold of Il again His investigation into
the deal led 20 the fling OF the Grim
inal charges against Blake and Brit
tain. Horn suspected Britain Of writ
ing the letters 10 him and signing the
name ~ Johnson 20 them. which re-
suited In his purchasing the worthless
mining stock Of Blake