Arizona republican., 1910-12-23
LAYTON'S LAMENT
 OVER LOST COIN
CASE ON APPEAL FROM GRAHAM
 COUNTY
Alleged Obtaining of Money by False
 Representation

The appeal of Elias < Kimban and
 Richard \. Shipp, under sentence oi
 a wear and Gay in the territorial pri-
 son. having been convicted of obtain ing money by false representation came mp to the supreme court yester- "aN from Graham county. This case Was tried before Judge Doan at Solo knoxville last April. Judge Lewis of 1 that district being engaged at the time ! in Gila county
 | Greater interest attaches to the case ! by reason of the fact that the com i plainant. Richard G. Layton. as well ] as the appellants and most of the wit
 neSses are members of the Mormon church. Kimba,l is brother of Hon Andrew Kimball the head of the academy at Thatcher and the presi- dent of the Mormon stake. He is brought into the case as having been induced to use his influence in the community in behalf of his brother and Shipp when they were offering for sale stock Of the Montezuma orange and
 Banana company whose property was supposed to be located in the state of
 Vera Cruz, near Tamplco.
 But it is not intimated that the part that President Kimball had in the mat ter was reprehensible: but it is ad- mitted that his action grew out Of the. confidence he had in his brother and Shipp. concerning whom. accord ing tp the evidence he said tn Layton.
 'Shipp stands well in the church. and he filled an honorable mission in this world and has returned. -"
 or his brother he told Layton. T ann satisfied that they have a good proposition and he. lhis brother) has had broad experience and anything he says can be relied upon.
 The Montezuma Orange and Banana company was organized under the laws Of this territory and keeps its chief offices at Salt Lake. The acts com plained of were committed in March. 1908 Layton says that the defendants represented tp him that the company owned HOO acres Of rich land near Tampico and that about half Of it was in bananas. Preparations were being made to plant the rest of it to oranges of a superior kind
 Layton says that he was induced to take seven shares of the supposed value of s950. He gave in exchange two horses worth s450 and five shares l of the capital stock of the Graham ! Iounty State bank worth $500
 Later. he said he learned that the | holdings of the company were almost | worthless: no land had been bought l for loo an acre and there was no crops | as had been represented Tor any | bright prospects of any
 There were several other purchasers 1 of the Montezuma stock in that neigh | borhood and a half dozen or more of ! them appeared as witnesses for the ! territory. Layton appeared to have | stirred mp q prejudice in the commu- | nifty against the defendants and after a . time F.. =. Kimball came to him and | said, Ton seem to be dissatisfied | about something. Have you lost faith | in the proposition?" To which the witness replied. "I have lost faith in you"
 This loss of faith took the form of a criminal action begun about year af- ter the purchase of the stock and in- iictments were returned by the Gra- ham county grand jury.
 When the case came to trial a motion supported by a large number Df affidavits. was made for change If venue on the ground that a prejudice had been created against the defend intS by the loud advertisement by l Layton of his loss. The SolomOnville Bulletin it was alleged had contributed somewhat to the sentiment of dissat- sfaction with the promoters and be ng a gentle paper had indulged in ngOdly observations upon the rela- ions of Kimball and Shipp to the hurch. These observations had been made week after week whenever a new phase of the ease was presented and if here were no new phases the irrever- mt editor cOntented himself with an ld one He described the errand of l Sheriff Anderson of Salt Lake to serve he warrants of arrest as a "mis- ion
 But the motion was denied and the ase went to trial. The result was the onviction Of the defendants and their entence to one year and one day in he territorial prison. Notice of ap- , eaI was given and they were releas- , q on a bond of $500 each. |
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