Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-11-20
For Marlin HayksD, Till The 10Th 0
December.
SAYS his LETTERS WE'RE STOLEN.
Iel'grams Turned Ovcr-The Crescent
silver King Argums mt. A.
Reid on Trial.

NsEethNhs WH4 Nheutth w Nue hNttnhlO0
Of water right, m applied TO an arti.
iicially developed stream, Mr.. Dickson
maintaining that the person who de.
velopod IL on his own property alvsyi
hsd the right to use II thereon, and
that no one had = Fight TO appropriate
It % Agsins. him. At the con.
olusion Of Mr.. Dlcksons address,
Judge King said further discussion
Of the case must DO postponed because
Of criminal business re; for today. To
accommodate counsel, he said he
would hold a session OF court this
evening, from 1880 to mIdnIgbt II
necessary. This was agreed 10, and
Col. Ellis for the Silver King and John
NJ. Zane Tot tue Crescent company will
maze Argument.
The case OF Martin Hayken, indIot-
cd for bribery In connection with the
city anu county building furniture
scandal, was called. Judge Dey, ooun-
eel for Hayden, stated that his client
wished for q continuance, ana with
this purpose In view read an affidavit
10y Martin Haykon, applying TOR post
punomunt. la this AFFIDAVIT he says
his letters 10 Andrews a Co. were pri-
va,e property; that these letters had
come into possession OF tho prosecuting
officers through having been stolen;
tust this fact IN essential 10 his case;
that tho evidence Of the members and
employees OF A. III. Andrews N Go. was
necessary for the defense, to chew the
THEFT Of the letter.; that without this
testimony TO show the larceny the do
PENDANT cannot proceed to trial; that
the Defendant believes that letters
directed TO him have been obstructsd,
aud that copies thereof were stolen
and cut out OF Andrews a Go. . letter
book; that the letters are necessary TO
show tho vallo OF the furniture, which
he says IL Of more than s6i, 900; that
tho testimony OF witnesses 10 this
value 10 also necessary; and that the
defendant has not procured any OF this
essential testimony because he has not
had tins or opportunity to secure the
dispositions. Hayken's sfiidavit also
refers TO Il. ii. Weary, saying he was
In this case to have sevengs against
Andrews a Co. By his proceedings
against Haykenj that he said he chad
A. IL. Andrews & Co. on the trip
Hay ken tells Of County Attorney
whittsmoEe ufisriog one Fricke
y lob at 81, 800 to 81, 500 q year, With
good prospects N he would get informa-
ton that the seleotmen Of BAIT Lake
county had got money In connection
with the furniture purchase. Hayden
says he can procure the desired Wit
nesses and testimony BY the next term
OF court.
Arthur Brown, OF ounssl for Hay
ken, supplements Hsykeus applies
by an Aflldsvit ststing that he does not
think IL safe for Hayksn 10 20 70 tfiai
without the testimony referred 10 In
the lstler's affidavit.
Charles e.. Dey, also attorney for
Hayken, flcd an sfiidsvit for the con-
unusnce OF the cases, because he had
received news OF the indictments ON
Nov. 4, and because OF delays for
which the prosecution was responsible,
anu other circumstances, he found H
impossible to prepare for trial, tho
reason being insuiilo cheney OF time to
make such preparation.
Judge Dey assured tho court that tho
continuance WAS asked In good faith,
closing with the remark, ~ oau ssy
that NJ the next term OF court, which
10 only the 10Th day Of Dsbember next,
we will absolutely DO ready for trlAl.1
Mr.. Vsrisn replied that as 10 Mr..
Hygiene good faith, his letters were
publitned n month or six weeks ago,
AMI by due diligence he could have
procured the evidence relating to this
long sinoe. There had been no show.
Ing OF any attempt TO procure the
necessary testimony. The time may
be a little short, Mr.. Varian said, but
there was no oecasiop 10 put Il over to
the December term. There would be
no jury nj that term, hence tho desire
for n continuance to that time, when
tbs csso would have TO go over again.
Judge Klng-t think the showing
In the affidaVi,s Ia sufficient for q oon-
tinuanoo. L will hear you as 10 the
time 70 which II should be taken.
Mr.. VHrlan then said the most dls-
tsnt witnesses were iu ChicAKo, and
he believed tho case could be taken up
in two weeks. He was willing for 10
to 40 to that date. Judge Dey, can
you DO ready In two weeks?
Judge Dsy-No; bot We could bs In
three wseks,
Mr.. VsTlsn--if this case goes 10 the
December term, there will DO no Jury,
aUu that will emf II.
Judge HowgI--I suggest that 10 bo
Dsc 0. That will be twenty days,
Judge Dsy--We should have more
time. We should have al least three
weeks.
Judge king--I think thar, in Wow
OF the showing, aud the non.residencs
Of tho dsiendGu nj, that tho ouurt should
grant a continuance. / think thai.