The Salt Lake Herald

LUKE FREED ON EVERY COUNT

Judge Morse Quashes Nine Indictments Against Him.

WESTERVELT MADE ERRORS

WOMAN ASKS $5,000 DAMAGES FOR BREACH OF PROMISE.

The nine remaining indictments of the batch of ten returned against Francis G. Luke, charging him with defacing and altering public records, the records in the office of former Justice of the Peace Peter Lochrie, were quashed yesterday afternoon by Judge Charles W. Morse of the criminal division of the district court. He did so upon the motion of the attorneys for the defendant. They presented arguments and legal decisions showing that the nine indictments did not set forth facts sufficient to constitute an offense. The Indictments were drawn up by County Attorney George Westervelt. After granting the motion, Judge Morse dismissed Mr. Luke from custody and released his bondsmen from further liability for his appearance in court. The quashing of the nine indictments disposes of the ten which were found against Mr. Luke. The first one, which was also drawn up by the county attorney, was quashed by Judge Morse some weeks ago because it, too, was defective. It failed to state, through the omission of the words 'Salt Lake county,' that the alleged crime of secreting public records was committed in this county.

Jury is Impaneled.

When the Luke cases were called by Judge Morse yesterday morning both the state and defense said they were ready. The work of securing a Jury occupied a couple of hours. The defense did not labor long with each juror, relying upon its motion to secure the quashing of the Indictments. County Attorney Westervelt, not knowing what was to come, exercised the usual precaution. After the jury had been secured, which was about the middle of the afternoon, and sworn, Justice of the Peace Clark was called to the witness stand. After he had been asked one question, to state his full name, the attorneys for Luke made their motion to quash the Indictments. They argued that the Indictment merely made the charge that Mr. Luke as accused of defacing and altering a public record by entering a case upon a new page in the registry book of Justice Lochrie on April 29, 1902. While it is true that the entry was made without the knowledge or consent of the justice, the information does not state that it was a false entry, or was made with any wrong intent.

Westervelt Lays Down.

After the arguments had been made Judge Morse said that he had carefully inspected the Indictment during the noon recess and felt convinced that he was forced to grant the motion upon the showing made. After disposing of that Indictment he called the next one. The county attorney said that the remaining eight were drawn practically the same, and that inasmuch as his honor had quashed the first, there was no necessity of impaneling a Jury in each of the others. Thereupon the judge quashed them all and Mr. Luke walked out of the court room a free man.