Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-08-09

davit2
A.-Nc, cir.
Q.-Do you know whore the original
IL Of whiun this printed affidavit was
| copy, ~ published In this afticle2
A.-No cir, 1 do not
Q.-lstho DE5EHEf NEWS published
under your supervision aud approval?
A.-EverthiuR that IL published ia
the DEsEHEr NEWS is under my super.
vision aud with my approval.
Mr.. Van Colt objected 10 all this as
incompetent ana immn,ofial. 10 the
prosecution, he aald, wefn going 10
charge that Druce had llbelrd Mr..
RYAN, that did not prove IL. Tho
affidavit was not even signed by
bruce.
Mr. Murphy said II this were the
only link In the chain cf evidence IL
would not prove the libel; hut there
was more behind. IL would be proved
that the defendant did make the state.
ment, whether he signed II or not,
and the prosecution would also
show that Druce parted with
that statement under circumstance
which rendered It not only likely but
certain that II would be- read by other
persons.
The commissioner said " that were
Tho case this evidence would be adj.
miitod for what It was worth.
Counsel thon again asked Mr.. Can.
non whether he had any knowledge Of
the whereabouts OF the original OF
which this anidavit was a c1py,or who
hal or had had It, anu the witness
again answered In the negative
John r.. Hansen, city editor Of tho
NEWS, was the next witness. lie
slated that he wrote tho article In
which the affidavit was embodied.
Before hu wrote II he had seen the
original document Of which the printed
affidavit purportcd 10 be "a copy In the
poheaslou Of the notary public, MI.
Smith. Mr.. Druco was then present.
Witness copied from the ORIGINAL. lie
had had no previous conversation VITA
Dtuco that DAY respecting the matter
prior 70 going 20 the notary's Office.
Q,-How did you happen 10 go %
Smiths oilloo 10 take copy OF the
all Iavit.
A.-Juat ~ nowApApur man
happens 10 hnd out nnd zoo a good
many other things.
Q.-Who suggested that you should
go 70 Smith's office aud get copy Of
the an Iav.tg
Counsel tor the defense objected 10
this, AMI the miusioncr held that
unless DruCe directed II himself tho
question would DO immaterlal.
To Dir. Williams--l believe DfucO
had LETT before tegau to copy II;
however, I am not sure on that point
janice NJ. Smith, notary public, said
that on August 2nd, Diucr, IA tho
Office Of the Peoples Forwarding com.
pany on Second South street, signed
the original affidavit OF which the |
newspaper report was copy. bruce !
was sworn before he signed 1t. There |
were also present the gentleman who |
drew mp the NH iavit-ho believed II |
was Mt. Hausen-Counollm H.. l..
Rich, anu his clerk, Mr.. smith. The
writer Of the affidavit read II 10 Dfuc-
before his signature was attached; II
was etampod with the nOtnry'a seal, and
witness then went away leaving the
parties together. A note had been lott
at Witness office requesting him 10 gO
TO Mr. Kioh's office.
hr. Hansen, recalled by the prose-
cution, was Asked-Havs you any
knowledge Of the present whereabouts |
VI the original document OF which you |
made copy?
Al hAvc not, Mi. Murphy.
Q-Hayo YOU any knowledge as TO |
who has the custody or possession OF II? |
Al have not the slightont.
Nit. Van Cott-WhU asked you 20 |
write out that afiidavi2
AIR. Smith. the notary, did.
Mt. Murphy-Didi anybody else ask
you2
A.-No, cir.
Q.-Was II stated by anybody there
that copy. was required for publica.
tlCu Ia the NEWS?
WitneE-Nu, sir.
q Was II suggosted2
A.-NO, air, / was anxious 10 pro.
cure copy, however, as a matter Of
noWg.
NEW. II. Ryan was then called and
said he had been supsrintondent of
wateTwoTks since April, 1890. Messrs.
Dtuoe anu ShAfer were IN his employ
In June last. Witness explained that
between June ION anu 10Th he sm-
ployod Shalsr TO go up City Greek aud
do certain cleaning up work there.
Druce was engaged TO help ShaieT to
clear the debris from the stream, the
tunnels, roads, etc. He directed them
10 work about nine miles and a half up
tho canyon. bruce was 10 receive
$500 per day anu Shaier 1925, ana
board themselves. They were 10 camp
out In tent there. lie next saw them
between the goth and Goth, ON the
camping ground. Al no time did he
ever give orders 10 either OF them 10
DO work on any mining claim either Ia
CITY Crock canyon or elsew here. They
were TO work eight hours per day.
Shafer toll witness that he wished 10
do some work on the mine, bat he
answered that lac would rather he
did not, although Shafer said he would
work before and utter his regular hours
for the city, He was afraid that some.
thing might be said about II. The
mine was formerly called the MOrOni,
but he understood II was now named
the Mogul.
"Hsve you ever known" asked Mr.. |
Murphy, that bruce or ShHfeT worked
In the nina when they should have
been working ior the clty2
Witness replied not until the day
upon which the gtlijRvit was made.
Whom no signed the city pAytolls
with the names OF Shaier and bruce
upon them no WAS not aware that they
hal worked less than eight hours per {
day for the city, anu no had receive d
no suoh suggestion.
| met Drucs this week said RYAN