The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1914-03-01
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Be BASIS OF PLEA
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mitted. and that 1t does not appear that
payment was ever refused by either of
indorsers, the brief sets out the con-
tention that no crime is charged. The
affidavit and complaint alleged only
that the accused obtained credit for
goods and money already obtained be-
| fore the draft was issued.
The defendant further shows, con-
times the brief, entire absence of good
faith upon the part Of the authorities in
Utah and the compliments IN
defendant. Affiduvits will set up facts
showing that the whole proceeding has
been carried on with the ulterior pur-
pose of embarrassing French and
his associates in a great business en-.
terprise in an effort to realize for GER
tain adverse interests anticipated busl-
ness advantages.
The application for requisitiou, signed
by the county attorney, charges fell
ony, but neither the affidavit nor the
complaint sets up facts sufficient to
constitute a felony under the laws Of
Utah. The warrant Of arrest signed
by Harry $. Harper, Justice of the
peace. does not designate the crime as
a felony.
1t is contended that Relf failed to
show he was the agent OF the Hotel
Utah Operating company, although Cut
Ter 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 decisions
insufficient
Attorney Fisher expects TO make a
strong point with the governor when he
presents u telegram of p. Won Cramer
from Vancouver. dated January II and
addressed to Kemper b. Campbell and
Oliver Clark at Sacramento, This tele-
gram reads:
Authorized c. w. French, through
Captain r. j. Rathbone, to draw
draft Of November IL in question.
| will not go to Utah to testify
against French, If did go I would
refused draft. Draft was good
when issued and good now. | have
been away from Vancouver as cor
respondence shows. Attitude of
Hotel Utah peculiar. (Signed by D.
Won Cramcr.)
There is also an affidavit from j. +.
Clark, upon whom one of the drafts was
drawn, saying that he is an associate
of French IN the Pacific Steel company
project, and that he believed French
10 be Il man of the highest integrity,
ana tuuI tut iSput-iliou VI iVhNh III h's
community for truth and honesty and
integrity is good. He says he author
lied and would have paid the draft, but
despite being man with assets OF
more than $50, 900 above all liabilities.
he was unable to pay promptly when the
draft was presented. because he had
failed to receive some expected ready
money. He attests the integrity and
financial standing of Watson and Sill
ver
An affidavit from French sets forth
that he gave the Hotel Utah the Won
Cramer draft, believing it would be
honorcd and paid on its receipt in Van
couver. lie also refers to the telegram
from Won Cramer, stating IN substance
he was authorized TO draw on Won Cra-
mer for st least $4,000.
Harry Loomis of Loomis Brothers OF
the Angelus hotel. Los Angeles, tells
Of the receipt of telegram from the
Hotel Utah relative to the drafts.
Loomis states he sent d telegram in
reply in which be strongly advised
against any attempt to embarrass
French, saying the parties concerned
sfhave our confidence and are entitled
to yours. We send this information as
nm association member -; that IN all his |
denlings with French he has found him |
to he q man of the highest integrity, |
having the confidence Of his associates:
among whom are numbered many OF
the best citizens of Los Angeles,
French today had another opportu-
nifty to answer long line of questions
tions in Ohio. Pennsylvania, California