The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-29

"He may nave answered to the salts
faction of the judge advocate, but sug-
gest that the court can speak for itself, 4"
was Thorp's cool reply. "The question
should have elected an answer as to the
entire service, possibly in other COM
mands, on the part of the witness, and
he replies only as to G troop"
che has given the exact information
DESIRED" said Lawler hastily, "and all
my question was intended to cover. I
protest against interference with my
witnesses"
Bangi came old Grace's sword hilt on
the table.
SIT is o'clock, Mr.. Judge Advocate,
and the court will adjourn"
Lawler drew a long breath and
glanced triumphantly at Thorp.
| But, however little the first day
brought forth, the second in no wise
! lacked sensation. Welsh and Mr.. Levi
Schonberg, in terms most emphatic, had
described the assault upon the principal
witness; both declared that with brutal
violence Welsh had been dragged forth
from the barroom and then kicked and
cuffed all the way to the guard house;
both denied the faintest provocation or
excuse; and then, amid oppressive still
ness, Mr.. Schonberg had described his
connection with the traders establish
ment six years before and his knowledge
of the pecuniary dealings of the accused.
In positive terms he asserted that old
Mr.. Braine had lent the accused sums
aggregating six hundred dollars at diff
ferent times, and that he had frequently
and yainly importuned him in letters
written by Schonberg for payment, had
been ignored, and that finally when he,
after the accused returned to the post,
strove to collect the amount he, the wit
ness, was met with curt refusals, denials
of all Indebtedness, and finally with
threats and assault.
Nothing much more connected could
well be imagined. Both men were posi-
live and precise as to facts and dates,
and both when cross examined by the
accused stuck stoutly and positively to
their versions. Another witness was
Mrs. Schonberg that was and Mrs.
Sraine that had been, and her testimony,
though by no means truculent or posi-
i've, was largely in support of that of
her Jewish spouse. She was sure of the
loans to Hearn; sure he had never re-
paid them; sure that Braine had directed
them placed upon the books, and had
frequently spoken to her of them, be-
cause she thought that he was too open
handed and credulous, and had told him
so.
When court adjourned at D. m. on
the second day the case had gone dead
against Hearn, and Col Grace gravely
inquired if he could not procure counsel
even now; it might still be allowed. But
Hearn quietly shook his head. Wednes
day morning was to have brought the
redoubtable Mr.. Abrams to the scene tc
aid the case for the prosecution, but Col
Lawler was compelled to say that The
witness was not forthcoming, and haG
not even answered kilograms sent him
There was some quiet grinning at tn,
reporters table, and old Kenyon breatheC
sigh as he bent over and whispered tx
Brodie:
"D-n that fellow! He never mean
to come and Lawler knows it. Gross
examination would have broken hin
all up"
But two other civilians were produced
who claimed to be old friends of the late
trader, and one of these testified that the
week before his death Mr. Braine had
declared that Hearn had refused to repay
the money and he regarded it as good as
lost. Hearn protested against this az
''hearsay" and not testimony under oath
Lawler vowed it was material and con
frnatory, and the court was cleared, te
the utter indignation of the correspond
ents thus compelled to quit the room
with the common herd. Thrice agair
: this happened during the day, and PEG
pie grew disguised, many of them leav
ing; but those who remained, including
: the officers, could see no earthly hope fol
Hearn. Everything had been as conclu
sively proved as such witnesses could es
| tablish matters, and the only chance LAY
} in the impeachment of their testimony.
1t was nearly 3 o'clock on WEDNESDAY
3 when Lawler said that if the other wit
ness, Mr.. Abrams, did not put in an ap
pearance he would rest the case for Tn,
: prosecution. Col. Maitland inquired
why the books of the late post trade
had not been produced in court in sup
l port of Schonberg's testimony, and Law
l Ter promptly responded that they were
too bulky to be appended to the record
were property of the estate, and he hat
not considered them necessary. How
7 ever, if the court insisted And tn
t court did. Schonberg was directed t,
l bring his books at 10 o'clock the next day
l That evening the party gathered OF
? Lanes piazza was very silent and sad
Kenyon had been there while and gon
away with bowed head and thoughtful
eyes. The defense, of course, had no
t begun. There would be no difficulty il
utterly defeating the charge of assault
r upon the soldier Welsh, but what wo1
i ried one and all was the testimony o
Schonberg and Braine's relict. If tina
held good with the court, then Hear
naQ Deen Sullty VI uisSEdCeIui COnuuc
9 in stating orally and in writing that h
/ had long since paid those debts. Their
4 could be 40 sentence but dismissal
/ Hearn had shut himself up in his room
l That day had brought long letter from
:, his father, and it was this he was study
i ing, sore at heart, when Kenyon er
tered.
. "You haven't slept wink for tw
L II