Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-24
HEARING BEGINS.
Commissioners RlI1 0ll Attorneys IN
lho Firsmg1 Cases.
MONTAGUE FIRST oN rmE RACK.
lie Files on ObI.c.on Claiming that The
Board wa, Nnt Organized as Re-
quired by IaW.-ihe Testimony.

Vulfcuu w laN,-lNc lcsllmnuys
Hnlfpast O'Clock this afternoon
was the hour agreed upon anl au-
nouuCod Tor the commencement Of the
hearing Of tho cascl Of tie sccusCd
iifemen, Niowors, Montague, Bates and
Rogan, but there was long aud tiro-
some delay un the Issue presented Ia
last uigurs NEwBa s 10 whether OF not
the dUpusoi men hai tho right T. ho
rsptosuitsi 10 cluusul.
sin order that that question might DO
definitely settled % was decided that
caucus Of She commissioners be- held,
and accordingly those iunctionarios
bel1Ok thcm'elvoi 10 the privacy Of
Chic' Pfaips office aud locke the door
behind them.
All Of the members were la attend.
ancc, ami at $3.50 they sailed forth, ao-
companiei by Assistant CITY Attorney
Van Horn, who hai been called In 10
advise with them.
Immediately afterwards the commits.
sionors relifeI 20 the council chamber,
where Clerk Folt read the minutes Of
The last meeting Of the board These
were adopted and tho case OF Charles
II. Montague called for hearing. The
charges were read aud, ~ will be- re-
mcmborcd by NEWS readers, we're 20
tie eject that Montague was nill lCied
with cntarfh, that he was chutlish,
nsllvCit and abusive ~ his superior
officers.
Judge Powers took the door In be.
halt VI biz clients aud At his request
an objection was noted on tbs miuutvs
10 the whole preceding.
On motion VI Noble, the decision Of
/ the board arrived ~ In caucus was road.
The decision was that the board was
! an executive body created Tor the pur-
/ pose OF trying issues Of fact. without
the techuicalitics Of coutt Of law;
| that the board was willing 10 hear any
/ evidence In behalf Of or against any
/ member Of the fire or police depart.
/ meut against whom charges have been
| prrierfud without technical objection
a. 10 competency, materially or rvlcy.
auCe, but denies the necessity Of repre-
.
prosecution or defense. A. soon as tho
/ ruling OF the board hal been read Mr.
Montague flied the following
object 10 this jurisdiction OF your
honorable body Ina the matter VI tbs
charges flied against me,
Firsi--F0r the reason that said board
has not been properly organized, o.
that the terms Or office Of the mImuefI
/ OF said board has rot been determined
~ the statute requires.
SccOnd-For 1.-THE reason that no
rules or regulations governing the de.
paftments have been adopted and
| printed rs the statutes require. | OF
ject 10 tue tufilciuncy oil the charges
TOT tho reason that they alleyo no vio-
lation Of any rule adopted by this
board. Charge one IL indefinite aud
uucrrlain aLd Insufficient
rhifd-Charge two h open 10 tho
same objection ~ In second objection
stated.
Charge three is opon to the
samo objection.
FHh-Charso four 10 open to tho
same objection.
Charge Eve does not desig.
nate the order alleged 10 have been
violated aud 10 indefinite and uncrr-
tain.
A dozen or more Witnesses were then
sworn. Captain Sullivan VI the West
side department was first placed on
tho stanl. lie testified ~ 10 the cor.
Tuctness Of the charges preferred by
Chief Divine anu upheld them iully.
Engineer III. IA. Bt0ugh was mex
called, He too, confirmed the allega-
lions OF the complaint aud was exam.
insd ut length by Montague, who
displayed considerable skill as a cross
questiOnsr. lilo sought to show that
iirough was pfeluiicei against hun
and had n sou who was gu applicant
TOR the Rccusud's position. This Wit
ness deniei onpha ically.
John 7. Berry, htemhn gt engine
house No. ., stated that he knew the
accused was uiillolei with cAtarrh; that
no was on uulrlundly terms VITA tho
assistant chief and that he had referred
~ Chiuf Deylne ~ . 49, - ola,
Ernest Btough had heard Montague
refer % Assistant Chloi Donovan la
similar terms.
| Alma MOllyneaux said that Monla.
que had called Deyiue anu Donovan
lying co.. and that he was In the hght
" WIN anu would yet wear the sCalpa
Of both OF them at his belt.
J. j, Giles, " member Of the West
Side department was called aud gave
cJTroburRiing evidence.
Adam Paul said that he heard Mou-
taguo say on tine street, after tue recent
contempt proceedings when DHyius
was dued 500 by Judge Merritt, that
1--WE have cinehcd the 49, Of a -"
The prosecution here rested and
preparations were being made for tho
defense 10 be- heard wueu flu NEWS
report closed shortly before I O'Clock.