The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-15

court room yesterday 10 near Inc dl
guments of counsel in the Donova
investigation. The speeches lasted 70
two hcErs, but there was no demon
stration on the part of the spectator
until Judge Powers had finished hi
brief, but mastery plea for the de
PENDANT, when there were cheers AM
applause from all sides. Sympath.
seemed to be all on the side of the de
,<throned captain. The fact that no de
kcsion was given out by the board wa
source of some disappointment.
Attorney Sutherland For the Prose
cutiOn.
Attorney George Sutherland opened
up the batteries for the prosecution
promptly at 2 o'clock, and made
strong address. He said that the ties
timony OF Captain Donovan on TIT
stand had been conflicting and unre
ua.ple. He had mode at least Two state
ments which, on cross-eXamination, NJ
was obliged to admit were untrue. FRS
there was the case of the anonymous
letter. the envelope of which ne de-
clared to have been destroyed or Iosl
when in reality he had it in MS pos
session and so confessed afterWaIos
Then there was the deliberate false,
hood to the chief, to whom ne nae
made the untruthful statement Ina
Mcdonald was sick, when the truth ol
the matter was that he was On an q
rand which had as its end the defama-
+ion of the character OF Sergeant toru
when a witness deliberately falSlhes
while under oath, then his whole testl-
mOnv is open to suspicion, ana II IS lol
the board to take cognizance OIL thd'
fact
WHY did the defendant show that let
fer. from Mount Pleasant TO Sergedhls
F,slinger and Adams if he We're so allAo
ious to keep il back from the cElei :
That did not seem to imply wish 10
keep it a secret from the chleI' az
bie conduct in not showing 1t to MN
was ineXcusable and reprehenslole.
The whole drift of the testimony SHOWS
This man Donovan in open lnsuporui-
11ation towards his superior ofhcer.
When Donovan asked for vacation,
saving th.t he wished to visit 1lnlic,
Nercur and Bingham, he deliberately
tried TO deceive the chief OF the ue-
na1tment His sole intention at the
time he made that representalioh Mdo
20 oo 10 Mount Pleasant, and his own
..he other places. The reason 1hat ne
ga NOT make a truthful statement as
to where he intended to so was that
ba wished TO keep from the knoWiedge
of the chief the object OF his trip 70
Mount Pleasant. :-,5
Donovan testified that he considered
+rot affair at Mt. Pleasant TO De ue-
na rtnoent business. Yet r1ght IN hHe
face of that he delegates patrolfrldn
to go there IN his interests ana pays
him ont of his own pocket. 1t can
not he imagined for one moment that
donovan would give a man $40 to per-
form a certain mission if he did nor
have some entirely personal END 10
suhserve It is simply farce Tor MN
70 set uu in the face of that the con-
tention that he was doing all TINS eN-
clusively for the good Of the depart
ment. His apology that he thought
the chief was trying to put up Job
on him. was flimsy in the extreme.
THAT GRAND to Mt. Pleasant had on it
the stigma of personal malice. The
fact that he kept from Ford informa-
ton that he gave to others of the
force shows on its face a deliberate
ana we'll planned intention to besmirch
Fords reputation. Donovan's conduct
in making a false entry opposite Me-
Donaid's name shows his unreliability
as a public servant; and to return him
TO his old position in the department
would be a dangerous and precar-
ious experiment.
Tears the Charges to Tatters
Attorney Varian made the first re-
spouse for the defense The argument
lust made. he said, is in harmony
with the whole policy of the prose-
cution. 1t is in perfect accord with
their idea of putting this man Donovan
In the sWeat-boX to extort evidence
that they should be ashamed to use.
has been proven; nothing has
come from the lips of this man but a
twisted version Of his evidence. SUBJ
NIT to Mr.. Sutherland and the man
who is behind him in this matter. that
there is not enough proof in the whole
array of evidence TO justify anyone IN
this man is guilty of any
Of the ofenses charged.
This is a grave and serious matter.
Here is an old and valued servant,
whose reputation is equally as good as
that of the chief and far ahead of
the men who testified against him. He
has stood for five years before this
as "a brave and reliable Of
1cer and in this position and as the
head Of a family he stands unim-
1eached and unimpeachable He has
enjoyed the confidence of the people |
md he enjoys it today. He has en- !
Dyed the confidence of TWO or more
narshals, two or more chiefs of notice |
ind now, on top of such a record. it |
s sought 10 hlacken his character by |
distorted evidence.
The last charge is that Donovan |
alled TO report the drunkenness of
dcDonald at Saltair The prosecution |
las not proved that he did not go ont |
nd investigate and has not proved |
hat he did not nave good reason 10
elieve there was nothing in McDon-
ID conduct 70 justify him in making
report The prosecution has only
he statement OF Davis to support the
barge. Against this is the testimony
t Greenewald and Clayton, both of
7hom say that Mcdonald was moi
runk, and that Donovan went out to
lvestlgate the matter. Davis testi-
lony cannot be considered as Impair
al, for he has expressed to witnesses
is determination to down Mcdonald.
Ierely on the testimony OF dis
runtied ex-patrolmel the chief seeks
get the head of the captain
The claim that Donovan reported
IcDonald sick when he was not so
l reality is broken down by the testi-
lony Of Lund. Lund is a man of
-erling honesty if looks go for any
hing and gave his testimony in
Straightforward manner. It would be
monstrous proposition to say that
le captain should be suspended on
lch puerile pretext as that The
at-er of marking the payroll wrongly
TOO Hlmsy to merit attention. 1t is
I'D TO have been done ~fraudulently
nd falsely" in harmony with the
hole indicative nature of the charge.
The gist of the charge in which one
Min iranran1rrod