The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1914-03-01
TECHNICALLY,
FRENCH IS PLEA
ON EXTRAD|T|ON
Attorney for Promoter Files
Brief of Case With Cover
nor Hunt, Who VIII
Have Hearing.
ATTACKS VALIDITY
OF UTAH REQUEST
French Objects to Being
Asked Questions Concern
ing Early Career; Says
''Better Watch Out"
Special 10 The Tribune.

Speclal 10 Inc Irlpune-
PHOENIX, Ariz., Feb. 2s.-Prelimi-
nary to the hearing on Monday upon
the requisition for the extradition TO
Utah Of G.. w. French, Pacific Devel-
opment company promoter, Attorney
Robert S. Fisher, counsel for French
yesterday fled with Governor Hunt his
brief and plea, outlining the case it
is expected to present in the fight to
prevent the removal Of French from
Arizona.
To substantiate the various contcn-
tions of the brief, Attorney Fisher was
yesterday placed in possession of host
Of letters, kilograms and afhdavits,
bearing in one way OF another upon
the case. together with Photographic
reproductions of the original complaints
and affdavits including the warrant of
arrest and the original complaint signed
by Harry s. Harper, Justice Of the
peace of Salt Lake.
In the brief the defendant calls at
tention to the following:
First-That the requisition is not
authenticated according TO Law.
Second-That this being a matter
cor cerning the transfer of property
without a showing of civil liability, no
crime is Or can be charged.
Has No Jurisdiction.
Third-that the defendant, having
been only constructively in the state OF
Utah at the time of the alleged Of
lenses. and there being no allegation
that he fled from Utah to escape pun
jurisdiction to grant extradition in the
premises.
Fourth-The value and kinds OF
goods alleged to have been obtained by
false pretenses are not set forth In
manner sufficient to charge the defend
ant with notice of accusation against
him.
F'ifth-It is apparent that whatever
credit or profit was obtained before the
drawing of the draft and without ref
erence thereto that the Hotel Utah
operating company parted with nothing
on account of representations with re-
gard to the draft.
Sixth-By the affidavit and com
plant themselves it is apparent that
credit only on an Sxnafg eNstlng indebted. 1S TED
| was not extinguished and no crime
was committed.
Not Properly Signed.
Under the heading of ''insufficieDt
authorization - the brief sets forth
that the requisition is not duly authen.
ticated according to law, but is signed
| by David Mattson as acting governor
| and attested by David Mattson, secre-
the brief, "that David Mattson was
not at the same time both governor of
Utah and secretary Of state thereof.
The law certainly does not contemplate
that q man can step from one Office to
the other so as to witness from one
office the acts already completed in
the other office. Such act is no attes-
tation."
UNo civil liability, no crime' iB the
title of the second heading. Among
other things under this heading. it is
SET forth it is patent that no criminal
offense can be stated as arising out of
commercial transaction in which no
civil liability appears. =.
Tt appears upon the face Of the affi-
davit f}led herein that C. w. French
drew a draft upon ]. F. Clark OF Los
Angeles and the draft indorsed by. A X.
Watson and James w. Silver. The al
fidavit recites that the draft was pre-
sentcd to j, +. Clark more than sixty
days after it's drawing
The rule is, says the brief, that
demand bill of exchange should be pre-
sented if the draweo resides In the same
city not later than the business day fol
lowing the drawing of the instrument
II the drawee resides in another place
within the reach of the United states
mail then. according TO the rule laid
down, the draft must be mailed the
next business day after the drawing
No Criminal Liability.
II is apparent thnt delay in present
inr of the draft for sixty days is not
reasonable, it continues. No excuse is
offered for the delay. No notice of
dishonor is shown as affecting the
drawer, and no fact is alleged showing
that the draft was presented to either
of the indorsers. 1t is commended thnt
ali civil liability has been dissipRted
by the facts alleged OF omitted. in tho
affidavit and complaint Therefore, no
criminal liability can attach.
After reciting that it has not been
shown that French is n fugitive from
Justice, being only constructively in
fContinued on Page Three.)