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The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, August 03, 1892, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85058130/1892-08-03/ed-1/seq-5/

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THE SALT LAKE HE3ALD WEDNESDAY AUGUST 3 189S t
o
ALLEGED 1RAUD
Peculiar Testimony In the Gray
Weatherby Case
A Urctly Insurance Policy Ofitb bnt Mlcht
5 Little Behind ItTan flusklrlia fctory
Ihrowj Some light
The case against Earl U Gray and C J
Weathorby who are charged with fraudu
lent use of the mails In connection wit
the K A O E came before Commissioner
Pratt yesterday at 2 p m
The somewhat cramped quarters were
entirely too small to accommodate the au
dience a great many of those in attendance
being members of the order Postal In
spector Laurence was actively engaged
John LI Zane prosecuted cud McDoniiil
Morse defended
SOUS t THOMAB
was the first witness to tell his story
identifying the package which had been
sent to him through the mall which con
tained an Insurance policy of the K A E
O The package was received by him in
May 1S9L Besides the policy It also
contained several circulars jn reference to
the order Had known Weatherby for
over a year The policy was issued by the
Supreme Senate Was n member of the
S order which was Instituted as ha under
q stood It by Dr WeatUerby Was initiated
inn room over Grays dnr stpro by Dr
Vcatnorby There wero several other
people present at tno time Later I was
installed as grand junior seneschal the
ceremony taking place in the ofilca In which
i worked Tho Supreme Grand Senate was
incorporated in February last and I was
one of the incorporAtors 1 recognize my
Bigaturo to the original articles of incor
poration
At this point Zane asked the attorneys
for the defense to produce the original as
signment from Weatherby to Gray on the
contract entered into by them
The defense claimed that they did not
now have it in their possession and did not
nee why the dofendant shoul be called
upon to produce nis private papers in a
criminal proceeding
Zane said be did uot care whether the
original was produced or not The defense
had been given an opportunity to show up
the original document but If they did not
do so a copy would do equally as welL
Continuing the witness said ho was ac
quainted with the official organ of the order
known as tho AmpAts Renew ho supposed
it was the official organ The paper had
been handed to him by Mr Webb
To Morse Thomas said be became a
member of the order some weeks before he
received the package through the mails and
Joned tho Supreme Senate a couple of
months after that time
E L CARIBNTBUS STOUT
Have known defendants since last No
vember I have seen an agreement by
which Vcathorbyitransforred to me a cer
tain portion of a contract and there was
ilso an assignment of a certain Interest
from Gray to Weathnrby At the time I
returned the document from Weatherb I
received back notes I had given him for
iTDO for the interest in the order
D VAX BDSEIRC
First met Weatherby about the begin
ning of 1891 became a member of tho K
A E 0 soon after that Met Weatherby
in Watermans office in the Daft building
where ho presented to mo a scheme for the
organisation of a secret order and ho said
the proposition was a good one Waterman
and Weatherby baa apparently talked it
ever before Weatherby said it could be
made a great beneUcent order I told him
ho would have hard work to make it so
because this wan a bad place to start
secret orders The Supreme Grand Senate
wits instituted iu February 1891 at Earl
D Grays drug store There were pres
ent Gray Woatherby A J Varney and
ifcj self We constituted the grand council
Weatherby instituted the council I re
mained in the order about four months
Tho insurance part of the scheme was
drawn to my attention early in the year by
Weatherby I questioned the advisability
of the scheme at tho time and objected to
it on the ground that we were not In a po
sition to go before the public and fulfill the
promises we were about to make because
we had no capital The doctor Bald that
could all be arranged and that the insur
ance scheme could bo opened all over the
country I said it could not because there
was no way to make good our prom
ises Weatherby Varney and Gray
all opposed mc however but I
finally hsid that if Weatherby coula place
the insuiEiico scheme in the east among J
bis friends I should not object From that
time on I was in opposition to the board
nnd if tho minutes were kept they will
show my objections made from time to
time Weatherby said he was going east
but at the timo appointed he could not go
He then proposed ibattvo should commence
the insurance scheme in Utab I again ou
poscd it saying that the scheme was not
feasible and that It would bring reproach
upon every member connected with tho
I order Weatherb engineered the whole
scheme ofprintlng the policies and getting
up other stationery I remember a trans
fer of a certain portion of the revenue re
ceived to Gray I think this was in April
I drew up the agreement from Weather
bys drawings that is he made the
original The transfer was made
by the four previously named We
were an organization at that
titLe with not very much backing Had
purchased several hundred dollars worth
of goods on time with the idea of organiz
ing senates If they had been organized
the senates would have had nn interest in
Hie property Weatnorby soon after pro
posed that the whole question of funds be
turned over to Gray in order that when
othor senates wore organized they could
not como iu and make 11 demand for tho
property In order to keep this property
It was deemed best to place it in Grays
bands us bo was our treasurer I ob
jected to it at the time and very forcibly
1 didnt at that time expect the policy
boioers would get anything and 1 toid
them that it would not stand tho
light of day A resolution was intro
duced making Woatherby erand or
ganizer with tho idea that he should i
do DO work in Utah I knew that if the
senates woe organized they would come
to us and demand their share of the pro I
perty which we could not give them I I
witharew from tho order about May 15 Ii
had several talks with Gray about the
matter also Weatherby deceived me in I
several items I asked him if the idea of
the order bad ever been sprung elsewhere
and be said that It had not I
To MoraoI objected to tho insurance
scheme because the organization was not in
a Condition to carry out the promises thst I
were to be made It was a case of decep
tion on the faco of It unless explained to
I
thu people I proposed to explain it bnt
others thought it not wise to do so Poli
cies were issued making promises that we j
cStid not fulfill My reason for objecting I
was that we had no money to pay
the amount promised in tbe policy
I also objected to tho insurance plan be
cause the people would know that Van
Buekirk Weatherby and Varney were mon
of limited moans and men who could not
tnaVo good the promises so finely and fully
ramie At that timo we had not moro than
ten members and the meeting of our prom
ices was not feasible I was finally in
duced to take hold of the scheme because
WoAthorby had said he could get great
backing among his friends Weathorby
was the general director nnd we all
obeyed his orders I told the senate that
the time was not far distant when the
whole doings of tho order would get into
court becaubo the methods pursued wero
not Btritly in accordance with lodge maces
The agreement wan to bo kept by Glay
slid not made secret I transferred my
right title and interest when I went out
1 supposed I owned a fourth interest I i
think i contributed about 20 cents r 30
cents there is a bottle of ink or some
thing like that to my credit I signed tho
constitution and bylaws voluntarily of
course although 1 protested in the meet
ing against their adoption
i Do you mean to say you would have
signed them If there bad been anything I
wrong about theml j I
Well didnt care to do BO I was not
di forced lo do so but I will say that I was
persuaded a little I
I went to Ogden to assist In the In
Btitutfon of a lodge there but made very
poor fist of 1tafter I aw v hat VTM la j
Eight
7 4 < <
You stated that there was considerable
I expense attached for furniture steP
yeVell
Well who paid for iU
It bas never been paid for I believe
the furniture house took bock the goods
How about the printing bills
They were not paid either as I remem
ber it
I do not boliova any of the articles were
charged to Gray but rather to the assist
ant secretary Gray did not guarantee any
bills I do not know how much furniture
was returned Vurnoy furnished a little
I money Ii
To ZaneThe members of the order
1 knew little more about it after their initia
I tion than before
I
I A BBJJTOK
Am postmaster of Salt Lake city Rec
I ognize the stamp of the postoffice on the
envelope Weatherby the editor of the
j Knights Review made applicationto have
1 the paper go through the mails as second
class matter About ninetytwo pounds of
i j this matter was mailed in June Is92
TAX ECS1UHK AGAIN
Van Busklrk was recalled and said sev
I eral documents of the order wore mulled by
himself and others to Weatnerby The
documents wero the constitution and by
laws policies assessment notices etc in
fact such general stationery as was around
tno office
DOCLJIEJ TAIir EVIDENCE
Sano then offered in evidence the letter
anu other contents of the envelop mailed
to J J Thomas
I
Morse objected but the commissioner
allowed it to go in
I Zand also offered the grand constitution
I which he road at great length claiming
i that the grand senate consisting of four
I memberswas made impregnable for six
teen years and showing that tho
grand herrophant Dr Weatherby
I had almost unlimited control over the
actions of the Supreme Grand Senate He
also read extracts from the articles of in
corporation to the same effect
Ho then offered in evidence the agree
ment above i of erred to
It was objected to by McDowell
Tho objection was overruled when Zane
read tho article of agreement signed by
i Earl D Gray Dr Weatberoy D Van Bus
kirk end A J Varney which agreed to
I pay over to Earl D Gray all moneys that
may bo received upon the condition that
I Gray should rent and furnish at his
own expense a ball stationery and such
other anpurtennnoes as were necessary to
I the order Gray to devote his whole time
to the propogation of the order tho agree
I ment or contract to be in force sixteen
i years The next day Gray transferred to
Weatherby a onefourth interest in all
the property of the Supreme Grand Son
I ata Woatherby then convoyed a one
eighth interest to E L Carpenter but
I Carpenter became dissatisfied and con
veyed it back his money being refunded
At this point an adjournment was taken
until 10 oclock this morning The prose
cution will introduce a couple of witness
ana it is expected the defense will be
reached early in the day
ALL the comforts of home where you find
IDASIIA
ATTENTION TEACHER
280 Salt Lako to Provo aud return on
certificate plan account summer school B
Y academy via Union Pacific Tickets on
sale Aug 1 to 5 inclusive good for return
until < Aucust 15 1S92 Go and hear Pro
fessor Parkers lectures
lecturesD
D E BDRLET
General Agent
210 Main street
Idanlia Idanfia Idanha Idanha
When business men are hunting litho
graphy printing or blank books they sol I
dom overlook Kelly Co 52 W Secon
South d
Use our Dew Drop can goods The best
ii good cnouEh ROOEUS Co
A GRAND OPPORTUNITY
to visit Denver during the greatest of all
I Knights Templar conclaves and to spend a
j f few days at Manitou and tho many other
I pleasant resorts in Colorado The decora
lions and entertainment by the Denver
people during the conclave will far surpass
any effort of the kind every attempted in
this country It is estimated that S150DOO
to 200000 has been and will bo spent to
give the guests of the city Knights Temp
lar or otherwise the grandest reception
over accorded by a municipality The ex
cursion tickets to Denver and return will
be placed by the RID Grande Western
Aug 4 to S Inclusive at 25 Two through
trains daily S
The rcadc Get it quick Idnnhn
PRONOUNCED HOPELESS YET SAVED
From a letter written by Mrs Ada E
Hurd of Groton S D we quote Was
taken with a bad cold which settled on my
Lungs cough set in and finally terminated
in Consumption Jour doctors gave me up
I saying I could live but a short time 1 gave I
myself up to my Savior determined if I
could not stay with my friends on earth I
I would meet my absent ones above My
I husband was advised to getDr Kings New
Discovery for Consumption Coughs and
Colds 1 gave it a trial took in all eight
bottles it has cured me and than God J
am now a well and hearty woman Trial
bottles Iree at A C Smith Cos Drug
store regular size OOc and f 100 4
A DINNER or reception not complete
without IDASHA
SOMETHING ABOUT BENEFACTORS
Wo often read tbat Ho was a real bene
factor to tho human race With good
reason could this be applied to anyone who
contributes to the lessening of the evils to
which ileh is heir to Rheumatism and
chronic headache have been ciassed as im
possible of cure yet scienco has finally
demonstrated that they can bo cured
Bailers Pain Paralyzor taken In conjunc
tion with Hallers German pills nave
effected most extraordinary cures and has
made liCe a comfort to many who never
I
I hoped for relief For sale by F J3 Gilds
I pharmacy Brooks arcade
A Sure Cure for files
Itching Piles are known by moisture like
prcsplration causing intense itching when
Warm Ibis form as well as blind bleed
ing or protruding yield at once to Dr Boa
I ankos Pile Remedy which acts directly on
i parts effected absorbs tumors allays Itch
ing and effects a permanent cure 50 cIa
I Druggists or mall Circulars free Dr
Bosanko Philadelphia Pa Sold by God
be Pitts Drug Co Corner Main and Firs
South 1
ALL first class grocers and druggists
keep IDAKHA
The Sandberg Furnituro Co are now
prepared to show at their new yrarerooms
los and 110 West South Temple a com
I plete line of furniture and upholstery
goods
REMOVAL
A M Surbaugh jeweler has removed
to 10 McCornick block
FALL AND WINTER MILLINERY
Mr Christy the milliner leaves this
week for a six weeks visit to all of the
principal cities in tho cast to select her fall
and winter millinery She will bring with
her one of the finest milliners that can be
had from New York
PROTECTION
The Pennsylvania of Philadelphia
will take care of you
H J GRANT Co Agents
None pure none as oood as Idanha
I HAD NOT SLEPT JTOll 1JARg
I Mr A Jackson an old resident of Ruse
Toxaa and manager of the maguiilceno
yew hotel at Rusk informs us ho bud ace
slut lot night for years except in shore
naps owing to incessant coughing He
was advised when very much run down to
try Ballards Horehound Syrup he was
immediately relieved of his cough and his
rest improved to such a degree that he
could sleep soundly all night Mr Jackson
states I regard Bollards Horehound
Syrup superior to any cough sprup on the
market aa d its freedom from opium and
I morphine leave no constipation after using
it For this reason alone I consider the
beet oouh syrup In the world for children
i My lungs we now stronger than they have
IJ 1 bea fecjssns This syrup is very sooth
ing to j14 throat and lungs Said by
Zkms Coop MeroastUe IsUUtIenig
J 1t
A SOUND LlYtU MAIL > A WELL HAN
Are you bllllout concttpatcd or troubled
with jaundice sick headache bad taste in
mouth foul breath coated tongue dyspep
sia iadlgMtlon hot dry sklunaln In back
KBd between the shoulders chills and
fever slot If you have any of these symp
toms yomr liver is out of order and your
blood U slowly being poisoned because
your llrr does not sot properly Heroin
will cur My dUordsr of the liver stomaob
pr bowels It has no equal as a lIver med
loin Prica 75 cents Free trial Uattla
at Z C M L irtiff department
Jti i Z
4
jfr Chas 2f Hatter
Of Frederick Sid suffered terribly for over
ten year with abscesses and running sores on
his left leg Ho wasted away grew weak and
thin and was obliged to use a cane and crutch
l verj tiling which could bethought of was done
without good result until he began taking
s Sdrsaarilla
CIeh effected a perfect cure Mr Hailer is
nov in the best of health Full particulars of
his case will be sentpll who aUdiess
C I HOOD Co LOA ell Mass
HOODS PlLLS arc tliobest afterdinner Pills
assist dlgostloa euro headache and biliousness
THE UTAH
Medical
Dispensary
AND
Surgical Institute
46 12 W 2d South St
Central Block
SALT LAKE CITY UTAH
r
HTFA1t5It5
ft
Established for the special treatment and
cure of all Nervous Cbrono and Private
Diseases of either sex both medical and
surgical Educated and experienced
Specialty Physicians and Surgeons in
charge
We ara prepared to treat all chronio dis
eases of male and female and skilfully
perform all surgical operations required
for the relief ana benefit of suffering hu
manity
We are regular graduates of Europe and
America and have beencndorsed by the
various State Boards throughout the
country thus proving that our diplomas
are recognized by all
The following is a partial list of the dis
eases vo treat and curo Bronchitis
Throat and Lung Troubles Oatarrb Dis
pepsin Stomach Troubles Kidney and
Bladder Complaints Nervous Diseases
including Nervous Prostration and Ner
vous Debility Eplllpsy or Falling Sick
ness Convulsions Fits Paralysis Spinal
Troubles Female Weakness Prolapsus
or Falling of the Womb Ovaritis Tumors
Cancers Piles Dropey Heart Troubles
Asthma Scrofula Lupus Eczema Ear
Discharges and all Diseases arising from a
poisonous or perverted condition of the
blood and nervous system Tape Worms
radically removed
Some of the surgical operations we are
prepared to perform are Varlcoeele Hy I
drocele Club Foot Crooked Spine
Crooked Limbs Bow Logs Wry Neck
Amputations Circumcision Stricture
Stone in the Bladder Gall Stones Fistula
Rupture this by a special operation
which makes a radical cure in oither male
or female In fact we cau perform any
and all operations
Wo invite all to call upon us and inquire
Into our methods of treatment Remem
ber we are hero to stay so thatail patients
submitting to our treatment have a guar
antee that they will find us here con tin
ally to attend to them Our property in
terests hero show that wo aro not hero for
a few months and our success so far
proves that our patients are satisfied with
our treatment and the benefits derived
from tho same
To the sick and afflicted at a distance
who cannot call on us write for symptom
list book and papers necessary giving a
proper description of your case We will
thon be in a position to prescribe the
proper remedies adapted to your condition
ana thus treat you at your own home
R THE ADDRESS
The Utah Medical Dlspansary
and Surgicil Institute
4654 West Second South Street
Central Block
SALT LAKE CITY BOX 0
Norvnui Mobility
BRAIN
I
1
DH B C WBBXSNBFIVBAND BMAIN TREAT
UKNT a Specific for Hysteria Dizziness FULl
Neuralgia Jcndache Nervous Prostiatlon
caused by alcohol or tobacco Wakefulness
Mental Depression Softening of Brain causing
i tef f b
lasnoity misery decay death Premature 01 S
Age UarwDBess I Loss of Pa ver In cither nnx
Imptrt 2cr Leucorrhcca and all Female Weak
nesses caused by over exertion of brain over
Influlgenes A months treatment 81 six for
t5 by mall We guarantee six boxes to euro
Each order for sis boxes with 15 will send writ
ten guarantee refund If cot cured Gtiaraa
tee sued only bv JohnconPratt 8 Co Whole
sale and Uetail Dr11JgistJS2 alld84 Main street
Suit Lake City Utah
We Wish
You To Knot
That W FARR13LL CO
are competent to do and fulfill
all contracts accorded them
NO DELAYSURE I
t 187 MAIN STEEET
J <
THE ONLY p bM Rs
t
J
a
J
S 0
ij
I
I
JC MURPHY CO
MANUFACTURERS OF
Stencils I Seals J Steel SRibbir Stamps
0
Corporation and Society Seals a Specialty
0
m 218 SOUTH MAIM STREET
THE WASATCH
Patent Roller Hills
DEBT iRABES OF RDLLR P3QDISS FL8U3
I
BiandsIifgli Patent and StraIght Glad < <
All warranted as good as any made in Utah
o
The Highest Cash Price Paid tor Goed Wheat
SmKPHONB 7O THK MILLS it 3
Office 4i EAST THIEP SOUIH Sa
USLERCO Propfe
HENRY WAGENER
SALT LAKE CITY UTAH
California I Brewery
L GER BBER
WHOLESALE AND RETAIL
61L IS F raet outh at1 t
Second South St three doors east ot Main Si
iM9
jgT
g 8COeiJ1
aDRiIsTsp
p WHDLESALEhrAJi
1863 ESrAIiLliHr0 l
JOSEPHE TAYLOR
PIOiEER
UNDERTiKER
OF U rA H k
The Only Casket tfna toftic Manufacturer
between the Missouri Uiver and
California
BUY HOEIELIADE GOODS
Everything in the Undertaking line kept > stool
FACTORY AND WAREROOMS
KO 253 EAST FIRST SOUTH STREET
Telephone No 70
Office tit Warerooms Me Closed
THE CULLEN HOTEL
S C EWINC Proprietor
Opened October 3d 1887r
THE FINEST HOTEL IN THE WEST
Rates 300 Per Day
SPECIAL RATKS 10 TOU1U3TS
HOTEL TEMPLETOE
OPPQsite Temple and Tabernacle
The Only Strictly FirstClass Hotel
IN SALT LAKE CiTY
DIHU1Q J HALL 0i SIXTH nOD B1VISO A
SPLENDID VIEW OF THE CITY
CUISI5IS and SEttVICE unaurpascod
west ol Chicago
ALO KO YOUNG Manager
THE COfiTfflMTSi
SALT LAKE CITY UTAH
A FirstClass American Hotel l
0
250 AND 5300 PER DAY
i H BEIiRDSLBY Prop
THE MORGAN HOTEL
144 W FISST S2UTH
Central Location First CitH fa All Its
Appointments
RATES 52 00 nnd tZV per day Special rate
to Theatrical and large parties
J II UAHK lroJr1etGl
HOTEL KNUTSFORD1
Opened June S918L
250 ROOMS
3a Meat Elegantly Equipped HoW ew
Chicago and tho faolfio Owe
Qt S HOLMES PROPRIETOR
THE
WHITE HOUSE
Corner Main and Second South
RATES SloO and 5200 per day
Special rates to parties
J K STEPHEN Proprietor
Iuud Sporting ana Blastfg
POWDER
AXX lis LYNF A1rt
v LAKE CITY UTAS
I > 1 iOOF
EXCURSION AND GALA DAY
Thursday Aug 4t 189t J
GASIILLA SPRINGS SPANISH FORK CANYON
On the Rio Grande Western Railway
The Odd Fellows of Utah invite you and your friends to unite with them In their
e
days pleasure
All kinds of out door amusements I Base Ball for a prize
Present for lady selling the greatest I Races for prizes
number of tickets Dancing
I
Prize for the handsomest lady Burro racing for prizes etc ate
ECel GI esxacl in Uendlaaoe
Fare from Salt Lake 100 Children half price AU other stations at exoaraloa
rates
Trains leave Salt Lake at 915 am nnd 115 pm
Ogden passengers return on No 3 Tintic passengers on special
Sevier Valley tlcketa good returning Aug 5
OUR CAMPAIGN OFFER
THE
I Eml WEEKLY
I I
ell
HERALD e
I
I Four Months for 50cts
JULY 15 TO NOVEMBER 15 1892
Democratic ClubSe
Who desire to circulate the best campain paper and all others who wish to keep post
on the exciting events of the Presidential race should subscribe for THE HERALD
which will have the largest amount of political news of any paper published la
the Intermountain region On all orders of five copies and upward TUB HSRITD wilt
give the semiweekly Issue published Wednesdays aid Saturdays four months July
15th to November 15 for 00 cents The paper contains all THE DAILY HERALDS regular
and special dispatches and the cream of all the dAily news Tho Jour months for
which it is offered will comprise all the campaign and the result of the election
This offer holds good only where orders are received for at least fly copies
DEMOCRATIC CLUBS
You will do a aervlca for yourself and your party by aiding In the vldost posslBlu
distribution of the GIANT OF THE ROCKIES during the coming four month
W E SMEDLEY CO
Fire Insurance Agency
Tbe Larges1 apd S1pongest of all
OFFICE la S Main St With Bank Of Tho Republic
SALT LAKE CITY UTAH
Guardian Assurance Co of London Assets 2319424900
Commercial Union Assurance Co London t 1632496200
Sun Insurance Office of London t 1004471200
Phoeinx Assurance Co of London 843219700
Lancashire Insurance Co of England Capital 1500000000
Manchester Insurance Co of England H 750000000
Caledonian Insurance Co of Scotland t 225000000
Springfield Insurance Coof Mass Assets 363196900
Girard Insurance Co of Philadelphia 162555800
Agricultural Insurance Co of Watertown NY II 226201800
American Insurance Co of New York ll 168508200
Merchants Insurance Co of New Jersey 156835600
Providence Washington Ins Co of RI 143230700
Oakland Home Insuranc e Co of California II 55000700
FAIil1MING JtdADE EASY
Increased Yield Increased Profits Lighter Lab
SUPPOSE YOU TRY IT ONCE
AH Make Ufe of the Latest Imp T81oent IB tha Lino of 3TannI ff KactdtHR7
GEORGE A LO E
Carries a Full Swell in alt warebaaa In SALT LAKE Cray AND OaotyJam Loot the
Latest the Best the Most Modern LaborSavis Farming ItcplsQfrnt and Cordially UtitM
Enquiry and Ittspectlea
GENr FOK
Sefcuttlar fVaxotts Buckeye Mowers and t ScoTille Troy Carrtaza Works 1arLIe
Sliders Solid Comfort guilty Plows Garden Bros Gate City Carnage Standard Baggy
City Clipper Plows crown Mowers Bradley Co Gay SOBS aad many others compciaag
Rake Daisy Rakes Bradly Sulky Flows As every desirable style of Rvggy Curt Scnf or
plBvali Jot to Planter Superior Press Grain Csniaaa They am well worth looking at a4 1
Drills Plxoa Junior Horse Hoes nee Culti would be Tory well pleased thave Torn oaH
vators and Garden Tools Clark Cutaway Har should you want MaoUlawy I carry IB stc
rows Triple Harrows Adjustable Harrow Ames Steam eHKlnoH and Boll rr Lass 8
Baker Ierfcoc Steel narb wire Hall Win Mills Lane shlagle Mill 11 Can TkrariMM
afed Bale Tile D d rkk Perpetual Bay load H0rao Pokeys and Saw Mills J L OMM TrW
Wool Presses tlon Ksgirfea L tel Tarbiss WkMM asd Xa
And in tb line of Fine VefekbM offer a new glues Planers Moulders an4 ias Wt4
Importation of Columbus BOggiM Crriewi VVortung Muohiasry 0
sad PlI tons in their Latest sod soft popular Catalfguef npoa sii5st1s I e4iS I
designs bwictes a large stock BOW MM a4 aw red Promptly
Itl tie way Iroaa the lollowisz issiediSe Baytta
<
U
t 11
HEliD AS A LIBELLER
The Tribunes Assaults on Mar
shal Parsons Malicious
William Nelson Managing Editor to An
swer fcrlmliinlly to tho Coming
Granu Jnr
William Nelson managing editor of the
Tribune will have to answer to tho grand
I jury for publishing and circulating a
I criminal libel Such was the decision of
I Commissioner Norrell yesterday
Just after court had convened Mr
1 Critchiow read tho following leeter which
appeared in the Tribune yesterday
Hon Walter Murphy SaltLake city
Smlhls letter which I wrote you is an
I open letter and I write you thus because when
1 ilddrogsed to you a letter as a taxpayer and as
tin attorney for mspuj era who help to pay sour
salary ibis morning you saw fit to Ignore the
J writer nnd to place your answer ia the hands of
private counsel who are acckln tao aid of tho
I courts to gratify tbe feelings of their client and
to punish as Jar as tne law will allow my
clients I had supposed that you rs a sworn
ofilcer of the country was a servant of the peo
P o I had forgotten for the moment that your
early association might control your official ac
tion and I desire to ask your pardon lor think
ing for one moment that In n case of grave pub
Ito concern that you would wish to serve any
other than your first mater
Ordinarily polite society a letter couched
In proper terms is entitled to u courteous
answer In official lila we certainly have tho
right to expect at least this consideration You
have scan fit to overlook this univ rat mil
and to not only ignore your constituents who
have addressed you but you have betrayed the
confidence which a prhnle note Implies by
placing it in the hands of the adversary of tho
one who wroteyou
Let me soy that I and my clients appreciate I
jour courtesy and fully comprehend now your I
fitness for the position you now occupy
to feel grateful that your desire to aid the
other side prevented you from acceding to our
request that you take oharce as prosecuting
attorney of the caso of the People vs Nelson
A prosecuting attorney is sold to be a minister
of justice but from such a minister of jurtiie
as yourself may the good Lord deliver us
0 W PcWEH
Attorney for William Nelson
SALT LAKE CITY Aug i 1832
When ho had finished reading the above
Mr Critchlow appeared to be angry and
his remarks did not belle his looks Ho said
the production was us low vile and degrad
Inc as anything ho had ever seen in public
print nnd that was saying a good deal It
was full of misstatoments Ihe county at
torneys aid was undouotedly soughtin tho
case for the purpose of stifling a just and
I righteous prosecution and because this had
failed this degraded attack was made by
Powers It assumed to be a private open
letter to Mr Murphy furnished to a news
paper for publication It made imputations
upon a friendship between Mr Murphy and
myself which has existed since boyhoods
collepo days It comes too from a man
who has no conception of friendship except
that which can be bought and paid
for Mr Alurohy was too much of a
gentleman to bandy words with a man who
attacked him In this manner Mr Murphy
bad met him on the street and asked him
to give the letter previously spoken of to
Judge Powers Believing this reply would
never see the light of day If he handed it
to Powers he read it to the court openly
before giving it to him
Judge Powers said ho was ready to pro
ceed with the case Ho had no reply to
make
George McErlain was the first witness of
the day Had been arrested for embezzle
ment and was surrendered into the hands
of Marshal Parsons and he was placed in
charge of William Goodsell and paid 10
per day to keep out of the penitentiary
This amount was reduced to 7 later Af
terwards be was put in charge of Van
Winkle and they both lived at Else St
Omors house for a time Never paid any
money to the marshal
C C Goodwin said that the editorial
headed To E H Parsons was printed on
the page over which Mr Nelson had no
control but the proof of the article had
been read by him
D L Van Winkle said McErlaSn was in
his charge for a time was paid by Will
Goodsell received no money from tne gov
ernment
JSngene Traughber the Tribune reporter
who wrote the article on which the action
was brought said the information mostly
came from Justice Gee
Deputy Marshal Will Goodsell said the
deputies were paid by fees 60 per cent
going to them and 40 per cent totho mar
shals office had never paid over any
money received from McErlain to the mar
shal
A recess was taken until 2 oclock and
Judge Powers stated be was through with
a number of wltesscs as the court had de
cided be could not prove the character of
the St Omer womans house
Engane Traughber said when lie wrote
the article he believed it to be true He
I bad received information from Louis
Lacon
Lacon corroborated Traughber 1
Judge Gee testified regarding the state
ment made by Van Winkle at the Palmer
St Omer trial
Dan Swan the marshals clerk said ho
had no account of any money received
from McErlain
Else St Omer in a blue skirt and a red
waist then took the chair She knew
McErlain he bad roomed at her house
about three weeks while in charge of Van
Winkle
Colonel Nelson said the reporter handed
him the cppy and he thought it was true
as he was a careful reporter didnt attach
any great importance to the article when
It was handed to him published it as a
matter of news aud not because ho had any
malice personally he didnt like Parsons
he himself had been United States mar
shal didnt know Parsons took stops to
procure his removal while he was mar
shal might have had some fooling nt that
time toward Parsons never bad a talk
with Jannoy regarding a Chinese gambling
house In Plum alloy which was run on
property belonging to Parsons
The testimony was closed by Charles
Goodsell testifying in regard to dates and
amounts of moneV received for services
Mr Critchlow discussed tbo law bearing
on tho subject and said there was no de
nial made by the defendant of tho publica
tion or of tho falsity of it He said malice
had been sleeping in Nelsons breast since
no was forced out of the marshals office
and that the criminal law had not rigors
enough to punish such a libel newspapers
were not above the law The libel sprung
from a lying malicious heart
Judge Powers said the question was nar
rowed down as to whether Parsons re
ceived money curruptly and argued that
the article charged no corruption in office
It was the duty of a journalist to keep the
public posted on the doings ot public
officers Tho press is something besides a
mere disseminator news Far more good
is done through the criticism of pUblio
officers than harm It had been proven
that money droppea into tho pocket of the
marshal or some ODe under him and the
editor should be released
Arthur Brown made a brief closing argu
ment
Judge Norrel in giving his decision said
the investigation had been confined to
what tho court thought was the main fact
that the United States marshal had re
ceived double pay whether he had re
ceived 5 a day from an individual while
the guard was receiving pay from the gov
ernment The court is clearly of the opin
ion that the article waG libelous
Another question is if they wero justifi
able in publishing it If so there is no
libeL
Tho court is in doubt ns to what a jury
would do There has not been enough
proof shown to justify its publication
He said when a man was on trial beforo
a jury ho was given the benefit of a doubt
In a preliminary hearing tho question was
whether there was probable cause for
holding and said he thought the grand
jury should investigate tile matter
The bond was placed at 250

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