The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-17

Nearly the whole of yesterday was
occupied in Chief Justice Merritt S
court with the hearing of arguments
on motion for a. continuance OF the
trial of Martin Hayken, charged with
bribing ex-Selectmen Morris. Cahoon
and Bamberger in connection with
the pun chase of the furniture for the
county's half of the joint city and
county building. 1t had been pre-
viously arranged that Judge King
would hear the case. but this was
changed SO that it came before the
chief justice. The arguments on the
motion for a continuance were quite
Voluminous. The continuance in
short was asked for the reason that
the defendant had not been able to
obtain the depositions of certain par
ties in Chicago because, as was al
legged, the prosecution through
Mr.. Weary had used undue influence
with the witnesses to prevent their
testifying- Aff1davits and counter af-
fidavits were introduced on this ques-
ton. The arguments were Uninter-
eSting except towards the close when
County Attorney Whittemore as a
peroration to his argument against
the continuance said that if the mo-
llOI VI Tie QclcIudllI Mdo d1lOMVO
and the case went over it would be
fatal to the prosecution, as they could
never again bring the evidence and
the witnesses they now had to prose-
QUITE Hayken. If the continuance was
granted counsel said. it would be
taken that the prosecution of GRIM
inalS had become a farce and the
prosecuting officers and the court
would become the scorn and deriSion
of al indignant public.
This threat against the court called
down a swift and ringing rebuke from
Judge Merritt. who said that he was
going to decide the matter according
TO law and that he cared nothing for
the Scorn or deriSion of anyone, and
that no such consideration would for
4 moment enter into his decision of
the case.
After the close of the arguments his
honor took the case under advisement
until this morning when it is expected
he will give his decision.
Case Called.
Soon after his honor took his seat
on the bench the case was called At
torney c. S. Varian and County Attor-
ney Whfttemore appeared for the
prosecution and Judges Dey and Hen
derson and Attorney Arthur Brown
for the defendant Hayken, who oc-
cupied a seat within the bar.
Are you ready for trial, gentle
MEM asked Judge Merritt
Attorney Arthur Brown said the de-
tense was not ready.
His honor inquired how long the
case would occupy the court, and
when informed that it would probably
take a number Of days. remarked that
the statehood proclamation might be
issued by Saturday and that such an
e-VAff Ia t1,-s.
an abrupt termination, even if the
court was in the middle of the hear
ing.
Mr.. Brown said however that might
be the defense was not ready and referr-
ed TO the notice of motion for a continu-
ance which liad been given before
Judge King on December 10, and mem
toned the fact that an Indictment
had been returned by the grand Jury
On October IA, which he said bad NOT
been served until November 5.
Alleged Stolen Letters.
He then read the affidavit of Hayken
in which he referred to certain letters
which he alleged had been stolen from
him and from the firm of Andrews and
company and which were now in the
hands of the prosecution, The affidavit
further set up an substance that thu
"
purpose of attending to the taking of
dispositions in the case and found that
Mr.. Weary had visited three of the
expert witnesses as to the value of
furniture, which the defendant expected
to use at the trial and, through mis-
representations made by said Weary.
all dhree. MesSrs. F. o. Baumann. F. o.
BARNES and F. NJ. Carsley, refused to
nave their depbsitions taken Demon
ent, however, succeeded in getting Bau
mans dispositions but not the others
and ut was necessary to either get
Barnes and Caqsley's dispositions or to
IND two other expert witnesses to
testify as to the value of the furniture
and that would take considerable time.
The testimony of s. s. Beaman, au-chi-
tect and builder Of the Pullman works.
that of Adler & Sullivan. awchiterts
and furnishers OF the Auditorium. Chi
cago and that of s. A. Treat, architect
and designer, was wanted by defendant
in place Of that of Carsley and Barnes.
and deponent says he cannot safely
go to trial without the testimony of
these people. Deponent further saws
that Weary appeared at the taking of
such testimony as has been obtained
by defendant and, by his counsel, Mr..
WlaIddell, of Chicago, represented the
prosecution, and that while doing SO
HAD persuaded Carsley and Barnes not
to have their dispositions taken
telling them that if they did so they
would have lot Of trouble over it and
would have to come to Salt Lake. all
of which was untrue.
After the affidavits were introduced
Mr.. Varian, on behalf of the prosecu-
ton asked that an adjournment be
taken until o'clock to give himself |
and his colleague Mr.. Whittemore an
opportunity to examine them and file /
counter affidavits I'VE want this /
thing to appear in proper shape on
the records of the court and the public
to be properly informed as to the /
merit Of the case" said Mr.. Varian.
Mr.. Brownie are not trying this |
before the public as my brother has |
stated.
Judge Merritt-Your brother didn't |
state anything of the kind
An adjournment was then taken till I
2 o'clock.
Mr.. Varianss