Weekly journal-miner., 1919-11-05

administrator of May 25, l9l9, set ting up preference lists, and l here Willie Bragg" who instigated the money-raising tour.
 Calculating the average weekly ex- penses of the trip were only S47 coun- se1 contended such a showing was moderate considering the nature of the business to be promoted, and that the average included all railroad fare.
 E. s. Clark made the closing argu- ment for the prosecution. He de clared himself as unable to understand which position defendants counsel took, whether the money was to be accounted for on the theory that 1t was Lyons own, or that he had used it for company purposes. Asking what evidence there was that this money ill the bank was to be paid to Mir. Lyons, counsel stated that no one had testified to that but the defendant. If there was one who could say Lyons was to be paid that money, why is the witness not here: The reason, therefore, is that there was no such agreement"
 Why, when in Los Angeles, did not the defendant say, this money IS mine? was asked by the jury by coun- sel. Why did he write a letter to Mrs. Bond in which he said he was coming back and would make good, if this was his money? Why should he call those who had invested their money soreheads, if he were doing exactly what he had been authorized to do?
 And ill letters he stated he would reimburse them in the Round Moun- tain mine. Why should he reimburse them, if the money was his, and he had a right to spend it as he choose, or if he was spending it properly! Look at the writing on these checks, cratic, some good and some scrawl- ed. Booze handwriting!
 Did you ever know any man in legitimate business, one doing the right thing ill a decent and orderly way, to get so hard up that he would have to wire four straight times for funds? Four cases of this kind, one after anotherl No, gentlemen of the jury, that indicates booze, not busI- ness. Men in ordinary legitimate business would cash checks and at tend to remittances i'll time, and not add the burden of telegraphic trans fer as has been proven in this case.
 Counsel coutended that the Eagle company would not furnish Lyons with expense money to try and get a bonus for himself merely for trans fering an option he purported to hold to the company, but in the ordinary course of sane business, any one wanting to sell an option al all ad- vance would have to finance the un- dertaling himself. Neither did it seem to counsel probable that in tranS- action wherein d bonus was to be given an option holder that he would get the bonus before those granting the option had received payment.
 Characterizing as "bunk" the opera tions of the defendant, counsel called the jury's attention to the conflict between the report of the defendant in regard to the desirability of the property involved in the Eagle group and his references to the same mine as being "the bunk" As to his re- quest to be notified if there was any thing of importance up this way, counsel assured the jury that there seemed to be one matter Of import Ance which those who had been de- frauded wished to be carried to complete settlement. That was the matter of having him brought to book for fraud, and putting him where other hard working and honest peo- pie will not be robbed by his manipu- lations.
 And he won't defraud anyone else," concluded the counsel for the state, If twelve sensible and fair minded citizens put him where he be- farorc D