The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-17

poned till IL o'clock this morning on
motion Of the defense.
Lndpe neY Annears.


rest of Hayken he at once proceeded to
IND his client, and this part of the
story is best told in the affidavit Of
Dey, as follows;
To the Honorable District Court. of the
Ihird Judicial District, Utah Territory.
The petition of Charles c. Dey respect
tully shows to the court: That he is
now and for upwards of five years last
past has been an attorney at law duly
a aon,... a. and practicing before said
court: that one week ago today he
promised the County AtttorneG White
more that he would have one Martin
haykeh mere as a witness before the
county court so called of Salt Lake
county on this date. The said White
more is we'll aware that deponent is at
torney for the SAID Martin Hayken and
me me employers of the said Martin
The. deponent further says that at 8
o'clock on the morning of the 18th day
OF september, 1895, he was advised that
Mdrtln Hayken arrived at Salt Lake
city between the hours of and 4
O'Clock a. m; that upon his arrival at
Salt Lake city. he was arrested by Nat
N. brigham United States marshal for
tne territory of Utah; that Immediately
tnefeupoh deponent telephoned to the
once of said United States marshal and
was answered that nobody was there;
mat deponent Immediately in company
with Frank Knox went to the Office of
the said United States marshal and
found there County Attorney White
more and Chief of Police Pratt and at
the same time arrived Deputy United
| states Marshal Swan.
Deponent then and there demanded as
| attorney as aforesaid to see said Martin
Hayken who was then and there detain-
ed in custody on some charge unknown
| TO deponent; that deponent was denied
the right TO see said Hayken or to
know the nature of said charge and was
n -T11 hot Ia
Brigham; that he was notified by said
Pratt that Marshal Brigham would not
oe found before $3.50 o'clock. Depohent
thereupon went to the Alta club and
who denied to deponent to see said
Hayken, but promised to do so upon
instructions from the chief justice of
Utah territory and the presiding Judge
over sad court and that he would be
allowed to see him for a few minutes:
that deponent in less than two minutes
in company with said chief justice went
to the room where said Marshal
Brigham promised TO wait and found
that he had escaped therefrom; there
upon deponent, accompanied by said
chief justice, went to the office of the
said United States marshal and demand
ed the right to see the said Hayken;
that the said chief justice thereupon
notified said United States marshal and
said Whittemore that the deponent was
entitled TO see the said Hayken as his
client; that said conversation occurred
at 9 o'clock and minutes; and said
marshal Immediately upon the retire
ment of the said chief justice informed
deponent that he could not see the said
Havken then before he was taken into
court
Wherefore deponent prays that an
order Immediately issue commanding
United States Marshal Nat NJ. Brigham
and said County Attorney c. Q. White
more to Immediately appear before this
arrr+ nd chr xr-1x ChnVid
not be punished for contempt of court.
That the said United States marshal be
further ordered to permit this deponent
as such attorney TO see the sad Hayken
separately and alone at all reasonable
times and places.
Hayl<en's Affidavit.
Accompanying the affidavit of Judge
Dey is one made by Hayken. In rela-
ton to the circumstances surrounding
the arrest. 1t is as follows:
Martin Hayken being first duly sworn
says that he reached Salt Lake city be-
tween 3 and 4 o'clock a. m. on the
Union Pacific train from Denver, Colo.
That he came here upon the request of
Charles c. Dey as witness before the
county court of said county and by
direction of said county court to appear
as a witness today
That upon reaching said city deponent
was placed under arrest by Nat NJ.
D
Utah, and taken to the marshal's office
on the patrol wagon. Thereupon de-
ponent was searched and his money, and
private papers taken from him; that as
soon as taken in custody deponent re-
quested said Marshal Brigham to send
for his attorney, Charles c. Dey, and
! repeatedly continued said request but
| the same was declined; that he was I'M
able to see Dey until $3.50 a; M; that de-
ponent has requested said United States
marshal since he was taken in custody
! to see the warrant by which said mar
| shall acted and has been denied and de-
/ ponent has been denied to know OF what
he is charged That deponent resides at
DeiNe-' 0'O' MARTIN HAYKEN.
Subscribed and sworn to before me
this 18th day of September: 1898,
Notary Public.
Order Issued.
AS soon as these papers We're pre-
scented the court issued writ adj
dressed to the United States marshal
and the county attorney, ordering them
! to come into court tomorrow morning
at 10 o'clock and show cause why they
should not be punished for contempt
! for not obeying an order of the court
Dan swans Position.
1t appears that Chief Deputy Oar
! Swan objected to the methods used ii
trying to extort a confession from Hay
ken. IF the man wants to see his
attorney he has that right" said
Swan. land you are simply getting
this Office into trouble when you deny
him that right"
To this the county attorney replied
that he knew what he was doing and
he had the right to keep the man from
the attorneys if he choose. Swan per-
sisted and was again rebuked by the
county attorney, who declared he
knew his business.
Deputy Bailey was asked why the
marshars office refused to allow Hay.
ken to see his attorney, and replied
that the lends of justice would be de-
feated if he allowed Hayken to see
him" This statement astounding as
It may seem, was reiterated by anoth-
er deputy sheriff.
Swan told a reporter for The Herald
that he wished Marshal Brigham had
remained al home and left the business
to others; that he had made a mistake
HayISen Gives Bonds.
AS soon as Hayken could get to see
his attorney he gave bonds for his ap-
pearance before the commissioner
court, Frank Knox, of the Nationa,
Bank OF the Republic, and julius Gauel
Becoming his sureties.
Summoned Before the Grand Jury
Hayken was served with summons
to appear before the grand jury forth
with. and when found by a reporter
for The Herald, was sitting in the ante,
room waiting to be called. He held in
| his hand a statement prenared nv his