The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-12

] his argument goes to show that he can
choose which side of any case he will
espouse before hand. / would like to
know if the mayor or the city is be-
hind any Of the charges and if they
are represented by Mr.. Hoge, the city
| attorney.
Mr.. Sutherland-What does it matter
whether the city is behind the charges
or not?
| Mr.. Varian--It would be an outrage
If such is the case and we emphatically
object to Judge Hoge as the represen-
! tative of the city, clothed with the au-
thority of the city prosecuting a city
officer. 1t isn't fair to have the inf1u-
ence of the great office of the city at
/ torney thrown in the scale against US.
Judge Powers-In the case against
| Fire Chief Devine, Judge Hoge APP
| peared for the defense of Mr.. Devine.
Judge Hoge said in the Devine case
he appeared as a disinterested party
on behalf Of the city and the mayor
1 He took a broad view of these pro-
/ ceedings and thought the city should
! be represented as a disinterested
! party.
The board partly overruled the OBJ
! lection to Judge Hoge on the ground
! that he was the legal adviser of the
! board, but the board was Of the opir-
in the prosecution or defense, but
should simply be present to answer
any question the board might ask and
to represent the city as he might see
fit
Mr.. varian-We object to Judge
Hoge appearing in any capacity The
board needs no adviser because there
is counsel on both sides of this case.
Judge Powers-It appears that Judge
I drew
suited with the mayor, and is not a
disinterested party. We desire an ex-
ception entered to his appearing at
all.
The Anonymous Letter.
Testimony was then proceeded with,
and Chief Pratt went on to say that
Donovan himself had told him that he
had gone to Mount Pleasant to inves-
tigate something about photograph
which was said to have been in house
Of i'll fame there; that he had gone
there on information conveyed in a
letter which had come directed to the
chief of police and which Donovan had
intercepted and not given to him until
emphatically requested to do so.
The letter was put in evidence and
read as follows:
Dear Sir-There is a. lady named
Hannah Franzen 'rasted' (arrested) in
Lake city for two years and unex-
pectedly went home to Mount Pleasant
the 23d of May last. She has been
mistress to Police Surgeon Ford She
Instantly constantly receives love
letters from him. She is a girl of very
bad reputation in every way. Is this
any leading for you? We suppose she
is kept away for some trouble
The letter was written in pencil, had
no date and no signature.
The admission of the letter was OBJ
Jected to for the reason that it was
not directed to anyone, Chief Pratt or
anybody else. The objection was over
ruled.
Witness, continuing, said that Dono-
van had told him that he had gone to
Mount Pleasant to investigate the
matter mentioned in the letter, and
that he also sent Officer Mcdonald to
investigate it and that it turned out
there was nothing in it; that Captain
Donovan reported to him that officer
Mcdonald was absent through sick
ness, when, as a matter Of fact, Nc
Donald was at Mount Pleasant. Wit
ness heard of Mcdonald being drunk
at Saltair. and kicking up a row and
directed Captain Donovan TO investi-
gate and report. Donovan reported he
could get no evidence or could get no.
body that would testify that Mcdonald
was drunk.
One Smith.
The chief in reference to the Smith
matter, said he had directed Captain
Donovan and other officers to suppress
a house of designation, and told them
that one Smith was in the habit OF
visiting the house in question. and at
the time they expected to make raid
the people escaped. This escape was
afterwards explained by Smith, who
told witness that Captain Donovan had
given him the tip that the house was
to be pulled and that he had better
look out or he would get caught, Smith
was a policy man.
Officer Mcdonald was suspended on
August II. Captain Donovan kept the
time book, and in the book Mcdonald
was marked as working to August 20.
In reply to Judge Powers, witness
said Donovan had been absent during
a part of August. The witness and
the desk sergeant had access to the
tine-book. The time book was made
ND from checks furnished by the desk
sergeant.
Judge Powers objected to the book
being put in evidence. because 1t was
not the original record and because II
was kept by others besides Donovan.
The objection was overruled.
The witness said that afterwards,
when conversing with Donovan, the
latter said Mcdonald had only worked
eleven days during August and said
the book showing more was mistake.
The desk sergeants rolls were pro-
duced. showing that Mcdonald was
not marked present on these rolls af
ter Aug. IL and the witness said from
these rolls Captain Donovan's time
book was made UP.
The Introduction Of the rolls was
objected to and the prosecution with
drew them.
Judge Powers objected to the time
books being introduced anu the point
was argued at length, Mr.. Varian MAX
ing the point that it had not been
proved that Donovan made the marks
on the time-books; but, on the con-
trary, that several people had access
TO the book and may have helped to
make it up.
Cross-Examinatio
Cross-examined by Judge Mckay,
the witness said the charges were for
INFLATED about Sept. Z, or a few days
prior thereto. They were drawn in
Judge Hoge's Office. Judge Hoge, Miss
IIoge and the witness were the only
parties engaged in drawing them up
Witness consulted with Messrs. Jen-
ningS, Stephens and Empey abort the