The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-15
CUNNINGHAM IS
FREED ON BOND
Had Been Held on Suspicion in
Connection With Alleged
, Diamond Robbery.
RELEASED FROM JAIL
BEFORE CHARGE IS FILED
Grave Question Raised as TO
Legality of Action by the
County Attorney.

| Developments piled up rapidly yesterday
In the case OF the alleged disappearance
OF about $4,000 worth OF diamonds from the
"valuables" check room at Saltair on
the afternoon of August {, Riley NJ
Beckstead captain of detectives. an
nounoed last night that he had sufficient
evidence 10 try Charles Scott Cunningham
on charge nj grand larceny In connec-
monds II II were proved that the gems
were actually checked at the ''valuahlcs"
window.
4 development In the case which caused
comment was The releasing of Cunning
ham last night on order from Harry
;. Harper, justice OF the peace, on IN
structlons from the county attorneys Of
ttce--a procedure which number of prom
ineDt local attorneys believe TO be Illegal
and without authority. while others con-
slider II lawful. Those attorneys who cX-
feet that the action was unlawful allege
that the $1,000 bond given by Cunningham
Is not worth the paper upon which II Is
written.
Police Are Indignant.
Captain Bcckstead said that he had cX
planned the nature OF the evidence against
Cunningham in his possession ycsterd
to n. L. s. c, Jensen, first assistant
afternoon Mr.. Jensen had signiGed his
Willingness to issue a complaint against
Cunningham Captain Beckstead, how
after after Mr.. Jensen. had interviewed
the prisoner and talked the matter over
with Farley p. Christensen, attorney for
Cunningham. said that he dcmurred TO
issuing ga, ;ssd complaint With the result thaf
stead said that he had received word
from County Attorney I. Z. Wiley to
hold Cunningham and In case habeas cor
pus proceedings were Instituted the coun-
" attorneys office would issue q COM
plaint today charging Cunningham with
grand larceny.
Yesterday afternoon at about 5 O'Clock
Mr.. Jensen Instructed Jnstice Harper TO
order the release OF Cunningham and ap-
prove his $1,000 bond. These instructions
leased
Mr.. Jensen said last night that he did
not know whether this action was legal
or not, as he had not looked the matter
UP. Justice Harper said that he did no,
know whether the action was legal, but
that he had acted solely on instructions
from the county attorneys office.
Believes Action Illegal.
One Of the best known lawyers In the
city said last night that as long as no
ningnam the case was entirely out of the
jurisdiction of any justice OF the peace
or the county attorney. He said thai
neither Justice Harper nor the county at
torney's office knew whether Cunningham
was charged or was to be charged with
murder or petty larceny. He said also
mat the bond given by Cunningham was
absolutely worthless and was not worth
the paper on which II was written.
An equally prominent attorney, how
ever, said that in his opinion the pro-
ccdure was correct and legal and that the |
county attorneys office had not gone out
side its authority.
Lieutenant Shannon OF the police de-
partment said last night that had he been |
N The station when the order for Cum
nlnghams release came he would not |
nave honored IL. The order was presented |
10 The desk sergeant while the lieutenant |
was absent |
Police Gather Evidence.
After the sheriff's office had spent |
week working on the diamond mystery |
ana obtained no results, Captain Beck |
stead OF the police department ordered the |
arrest of Cunningham on evidence which |
ais men had collected. Captain Beck |
stead said last night that he had wit |
lesses 10 corroborate the statement of c. |
l. Russell, the checking clerk at Saltair, |
% the effect that Cunningham reclaimed |
he package containing the alleged dia-
nonds about thirty minutes after they |
lad been deposited. The captain said |
bat he also had a witness who would tes-
ify that she heard a conversation be
ween Trixie Mills. woman OF Cum
iingham S acquaintance, and Cunningham
IN the day the diamonds were alleged To
rave been lost. In which Cunningham m said
hat he had a couple OF live ones and
attended TO turn big trick that day.