The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-28


Testimony VIII Be Taken Today
Should the board of police and fire com
rnissiSSsrs decide 20 make a complete and
searching investigation into all the
charges against Chief Devine the pub
lie may be assured of some interesting
political revelations. The prosecution
promises to lay bare all the secrets OF
the famed inner circle" of Republicans
in this city and to show how the chief
of the fire department was one of the
leaders. However, this evidence is not
to he put forth without d struggle. Al
ready the defense has made its most
vicious attack on the political charges
though pretending TO be ready to meet
everything else.
That is the line taken by the defense
yesterday. The whole of the forenoon
afternoon sessions were given over to
9rsliminaries. Judge Powers first OBJ
Jefted to d hearing before The incomplete
board. but was overruled. John NJ. Zane
then moved to strike out all charges of
a political nature. as we'll as some
others that had been preferred, and the
board adjourned over night TO consider
the latter proposition. There were sew
eral very interesting passages at arms
during the day.
Many Spectators.
The hearing was held in the police
court. The members of the board, Sec
rotary Felt. Messrs. Powers and Lip
man for the men. John NJ. Zane, with
CHIEF Devine and Judge Hoge Tor the
city, Wye the center Of attraction. In
me bsHfDd the spectators seat were
1pf f1r-rl Of Clo-r1e4- L,
Captain donovan and other members of
the po1icesI Orce, members of the fire de-
partment. number Of the leading in
Surance men OF the city, headed by Cap
tain Donnen OF the fire underwriters and
4 crowd OF politicians, business men and
other witnesses, as well as a number of
such men as usually make up d crowd at
q trial. During the whole of the pro-
ceedingS Chief DeVine sat next his coun-
sci. his eyes wandering around the room,
watching every point and sometimes o.
1ering suggestions TO Mr.. Zane
1t was fully 10:15 when Chairman Jen-
nings and Commissioners Empey and Ste
-henS came into the court room, and soon
after Mr.. Jennings asked if both parties
were ready 10 proceed.
Judge Powers Objected.
Judge Powers objected to three mem
bers of the board sitting as a court The
prosecution was ready TO proceed pro-
perry, out not improperly. Three MEM
berS off{he board, under the law could
not hold that trial. and il was highly
4mp9ltant that when a conclusion was
reRSSed it should be correct and lust
OF. Tires members could not act even
though objections We're waived. One
member was absent. The complainants
new thai IS judgment was good. They
anted tbs judgment Of all 1t was an
1portant case and 10 mistake should be
made The prosecution had fifty-four
witnesses subpoenaed and it wanted
full and fair opportunity OF establishing
every charge and Specifica ton made in
the complaint. If compelled to go 10
trial, why, OF course they would go. but
not until protest against it should have
quoted law to the effect that a board of
removal should consist of all officials in
whom the power of removal was vested.
Zane Wanted Action.
q Ohm NJ. Zane said it was evident to
every thoughtful person, and it should be
especially sc to the board, that the trial
should not be postponed. The lack of
harmony in the department meant that
speedy and prompt action should be
taken in the matter. Conditions unfaVor-
able TO its operations should not he al
lowed, to remain. The objections that
threesAp9embers Of the board could not
IegSEtY try the case ne thought We're not
well taken. As he understood il that
question had been before the board be-
fore and had been settled to the salts
faction Of the members themselves that
three OF them, constituting a majority
could act y majority OF any board wa
a quorum ana quorum could always
transact business. He was DESTROYS of
proceeding without any further delay
and closed by saying that the hearing
could not come on any too soon
Before the argument was finished, an
adjournment was taken until the after
noon, when Judge Powers took the floor
and cited authorities in support of his
position, with a thorough argument of
the points in the case.
Judge HOge Explained.
Judge Hoge wanted to define his posi-
IL e.QT hot ha L
win those who had been asking why he
was present and what lie was going TO
do. He said the ordinance provided that
he should defend public officers for acts
alleged to have been done while in the
line of their duty. He believed the city
was interested in the matter. II was
was fully covered by the general Ia "
providing that in all boards where there
IS no other specific provision a quorum
may 90 business. He also attacked
Judge Powers authorities and said it
was only necessary that the board should
have been notified. Mr.. Noble had been
present when the date of the trial was
set
Judge Powers-Do you mean TO sly
Mr. Noble was present on the day when
this hearing was postponed?
Judge Hoge-No, but he was notified.
Dir. Zane-The fact is he was asked to
BeApresent by Chief Devine.
Fn1ge Hoge17eHe had an opportunity to
Ie present If he wanted TO go off on
for delaying this trial
Powers OYerruIed.
Mr.. Zane argued as 10 the power of a. |
quorum OF the board to act. much along |
the same line as Judge Hoge At the |
conclusion of his remarks, Chairman |
Jennings asked if Mr.. Noble was present |
when the case was set. Secretary Felt |
answered in the affirmative, the board |
" hispered together for a few minutes |
and then Chairman Jennings announced: !
The objections of Judge Powers are |
overruled and the trial will proceed"
Judge Powers smiled and said quietly |
The clerk will note an exception"
Here occurred one of the incidents Of |
the. day. John NJ. Zane suggested that in |
sucn a matter as this it would be better |
perhaps If the men were represented by |
the city attorney. rather than by private |
counsel employed for the purpose.
Was Not En- Rapport.
Judge Powers replied rather heatedIy |
IIa sad that the men in the dena rtInsIlt |