Arizona republican., 1914-03-01
FRENCH BRIEF
(Continued from Page One.)

no fact is alleged showing that the draft was presented to either of the endorsers. It is contended all civil liability has been dissipated by the facts alleged or omitted in the affi- davit and complaint Therefore, no | criminal liability can attach.
 After reciting that it has not been | shown that French is a fugitive from justice being only constructively in | Utah when the alleged offense was committed, and that it does not ap- pear that payment was ever refused by either of endorsers, the brief sets out the contention that no crime is charged. The affidavit and complaint alleged only that the accused obtained credit for goods and money already obtained before the draft was issued.
 The defendant further shows en- tire absence of good faith upon the part of the authorities in Utah and the compliments in seeking to prose cute and eXtradite the defendant. Ar fidavits will set up facts showing that the whole proceeding has been car ried on with the ulterior purpose of the embarrassing of the defendant and his associates in a great business enterprise in an effort to realize for
 certain adverse interests anticipated
 business advantages. The application | for requisition, signed by the county
 attorney, charges a felony, but neither
 the affidavit nor the complaint sets up 1 facts sufficient to constitute a felony under the laws of Utah. The warrant
 of arrest, signed by Harry S. Harper
 justice of the peace. does not desig
 nate the crime as a felony. It is con | tended that Ref failed to show he
 was the agent of the Hotel Utah
 Operating company, although Cutler
 said he was the agent of Relf when
 he presented the draft to Clark
 The allegation of fraudulent intent
 is made upon information and belief
 and is therefore, under all the decis
 ions. insufficient
 Attorney Fisher expects to make a
 strong point with the governor when
 he presents a telegram from D. Von
 Cramer, from Vancouver, dated Jan
 uary IA, addressed to Kemper B.
 Campbell and Oliver Clark, at Sacra-
 mento. This telegram reads:
 Authorized c. w. French, through Captain F. J Rathbone, to draw draft of November IT in question.
 will not go to Utah to testify against
 French. If I did go, I would testify
 as above indicated. Never refused
 draft. Draft was good when issued
 and good now. I have been away
 from Vancouver as correspondence
 shows. Attitude of Hotel Utah pecu-
 liar. D. VON CRAMER'
 There is also an affidavit from J
 F. Clark, upon whom one of the drafts
 was drawn, saying he is an associate ] of French in the Pacific Steel con- pany project. whom he believes to be a man of highest integrity, and that the reputation of French in his com munity for truth and honesty. anC integrity is good. He says he author ized, and would have paid the draft but despite being a man with "as sets of more than fifty thousand dol lars above all liabilities was unable to pay promptly when presented be cause he had failed to receive som expected ready money. He attests t' the integrity and financial standing of Watson and Silver. q An affidavit from French sets fortl ! that he gave the Hotel Utah the Vol ! Cramer draft, believing it would b. ! honored and paid on it's receipt il { Vancouver. He also refers to tn ] telegram from Won Cramer statin { in substance he was authorized t draw on Von Cramer for at least tw ! thousand dollars.
 $ Harry Loomis, of Loomis Bros o the Angelus hotel Los Angeles, tell of the receipt of q telegram from tn { Hotel Utah relative to the draft: Loomis states he sent a telegram i ] reply, in which he strongly advise ] against any attempt to embarras French, saying the parties concerne ! have our confidence and are enti ! tied to yours. We send this informa ! tion as an association member" Tha $ in all his dealings with French h ] has found him to be a man of highes { integrity, having the confidence of hi q associates, among whom number man ! of the best citizens of Los Angeles >t Oliver D. Clark, of Collier & Clarl ] Los Angeles attorneys for F'rencl reached here yesterday, bringing man affidavits and exhibits, and will b } associated with Fisher in the hear } ing on Monday. It was his firm tha filed the hundred thousand dolla ! damage suit against the Hotel Utal { the Relfs and Nibey.
 Nicholas G. Morgan assistar
 county prosecutor, from Salt Lake.
 expected to arrive here this morning
 prepared to present the Utah side C . the case in the requisition for ex tradition