The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-18


machine and next in the cellar. On
the first occasion he noticed nothing
peculiar in his actions, but in the
latter instance he found him in a
sitting position in an out of the way
place. He did not notice that he was
intoxicated at that time, but saw him
afterward up stairs and thought he
staggered. In fact he was sure of it.
He also reported the matter to the
chief in three minutes after this last
occurrence.
Secretary Felt, of the board saw
Moreton in the Office of the chief.
They were talking low and he could
not hear what was said. He was sure
that he smelt whisky and that it
was not there when Moreton came in
and after he went out.
Are you sure it was whisky ?"
asked Mr.. Stephens.
Eyes, sir, quite sure.
And that it was on Mr.. Moretons
breath?"
Yes, sir"
Couldn't it have beenn on Chle1
Devine's breathe
Whereat there was ripple Of Taught
er in which everyone joined, includ-
ing the chief himself.
mo SIR
Sonnedecker tangled the witness up
IN an explanation of how he was GER
tain that it came from the breath Of
the man Moreton, but he finally stat
ed that he knew the smell of whisky;
that on this occasion it was strong
and stale.
was reported to him and he began a
search for Moreton. He found him
living down on the hay, spoke to him,
and accused him of being drunk
while on duty. He called him to the
Office. Moreton staggered as he was
going.
NO I did not see him stagger, I
heard him"
ooh you heard him stagger?"
Eyes, just the same as l could near
you if you fell down stairs.
Devine then said he asked Moreton
If he was not Dunk and that he re-
plied that is for you to say" He,
the chief, told Moreton to go home
and sober up. The chief said that he
smelled LIQUOR on him and was certain
that he was drunk.
The prosecution rested at this point
and the defense began by introducing
BYRON Crosby, Captain Sullivan,
Charles Vail, William Jordan, Fire
man F'raZure, Thomas Welch, NC
Queen, ]. J. Clark, Mcdonald, j. q
Paul and Joe Tremayne.
All of these witnesses testified that
the defendant was sober on the morn
ing mentioned.
Srosbv related that Moreton re-
norted at the usual hour, cleaned his
horses, hitched up and drove out LOT
exercise. When he came back he
backed the engine into the mouse anu
cleaned his horses as usual. lie was
not drunk.
was not intoxicated, but worked on
his team as usual. The witness no
ticed nothing which would indicate
that Moreton was intoxicated.
Charles T. Vail noticed nothing
wrong in the actions of Moreton and
when he was in the office Moreton ana
the chief were talking in low tone.
He did not know what it was about;
noticed nothing wrong and walked
William Jordan had talked with
Moreton and noticed nothing wrong in
his conduct He had no smell of
liquor on him that witness noticed,
and he was very close to him.
Frazure said that nothing in More
toms conduct would indicate that there
was anything wrong; he did not think
he was under the influence of liquor.
All the balance of the evidence was
of the same character, several OF the
witnesses testifying that they talked
with Moreton before and after the sus-
pension and did not believe that he
was intoxicated. One witness, Fire
man Mcqueen, declared that when
Moreton told him he was suspended
for drinking, a few moments after the
incident, he thought Moreton was
''joshing" He was not drunk then,
and witness knew it.
Moreton, in taking the stand in his
own defense, said he had no sleep the
night before and was exhausted. He
was up all night with a sick child and
was tired.
He admitted taking a drink before
leaving home, but that was all he had.
Asked by the chief, Moreton admitted
having been down town the night be-
fore with William Jordan. They were
in the Mint saloon and the Sheep
Ranch. Moreton said he did not drink
but a glass or two Of beer.
He was not drunk when he went home.
He admitted going down the cellar to
usually go when tired. There is rule
which forbids laying down on the
hunks in the daytime. When Nc
Carthy came in and began work he
was sitting with his back against an
old flower stand. He then went up on
the hay. Moreton declared that his
work on that morning was done when
he laid down.
Attorney Sonnedecker wanted to
argue the case, but the board refused
and an exception was noted.
Mr.. Devine said he wanted the board
to examine the place in the cellar
where Moreton was lying with a view
to determining whether "a sober man
would select it for resting place, and
the board decided to visit the spot
today.
Judge Powers appeared and stated
that he was going south this week to
deliver lecture at Sewer for the