The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-13

The trial of Captain Donovan was
resumed yesterday morning before the
police and fire commissioners with a
full board The same counsel were in
the case as on the opening night Of the
trial.
Chairman Stephens said the board
had further considered the question OF
the city attorney taking part in this
case, and had come to the conclusion
that the city attorney should repre-
sent the city at the hearing and take
such part in the proceedings as he
saw fit, and the board would not die
tate to him as To what course he should
pursue or which side ne should repre-
sent, if either.
Further CrOss-Examination.
The cross-eXamiration of Chief Pratt
was then resumed by Judge Mckay.
The chief said he went down to Mount
Pleasant to investigate the photograph
affair and particularly the conduct OF
Donovan.
He had not sent a dispatch to any
of the city papers from Mount Pleas
ant. but had talk with a newspaper
man there, who was probably the cor
respondent for the Tribune"
Donovan had not told witness of his
going to Mount Pleasant. The officers
had instructions t. arrest gamblers,
Violators al the Sunday closing law
and keepers Of houses of prostitution
without consulting the chief. This was
a matter entirely within the discretion
of the patrolmen
Judge Mckay asked if that was so,
how it was the arrest of those people
came at regular periods-once every
month. The question was objected to
and the objection sustained.
Tr, ~fs1iY COG rT1n CO no
instructions from United States Attor-
ney Howat to use his discretion as to
whether he should prosecute or not.
These Were cases in which young girls
who had hitherto led respectable lives
had fallen, and if witness thought 1t
was better to reprimand them and let
them go than to prosecute he under
stood he had discretionary power in
the matter
The assignation house which the po-
lice were about to raid when Dono-
van is alleged TO have given the warn
ing was in the Daft block. 1t was
house where young girls were led
astray Witness said Donovan's eXpla-
nation of his giving the secret away
was that Smith came to him and ask
ed him if the police were after him,
and that he Donovan told him they
were. and that they would arrest him
if found frequenting houses OF asslg-
nation. and that he was surprised that
an old man like him would go to such
q place.
Witness said it turned out that it was
a mistake as to Smith; that it was not
he whom Donovan had warned, but
some other man.
when did you find out that it was
a mistake, before or after you made
the charges against Donovan asked
Judge Mckay.
Il think is was before the charges
were fled
sWhen YOU knew it was a mistake as
regards Smith, why did you charge 1t
in your bill of charges?'
II was satisfied that the secret had
been given away and whether the
mans name was Smith or not was inn
material
.'Ts is not customary for you some
times to warn people and tell them
- desist?'
mo: 1 don't remember such a case,
but if it was done it would not be in
the discretion of any of my subordl-
mates. The chief only had discretion
in such matters"
Would Turn the Town Upside Down
Witness admitted that people were
frequently warned and told to desist.
If everybody was arrested who freaks
some of the laws against adultery and
SO forth, the town would be turned
upside down, the chief said.
How do you regulate as to who shall
be warned and who should be arrest
ed?"
sThere are cases which, in my dis
cretion it would serve no gooo purpose
10 prosecute"
Does it not depend on who it is,
whether the arrest is m. lie or nor?'
mo, l think not
In reference to the Mcdonald case,
witness said he had never seen Nc
Donasl drink, and had no recollection
of inviting him into his room to lay
on the lounge when ne was unoer the
influence of liquor.
Witness had no i'll feelings against
Donovan as a man. He considered him
an efficient officer until he discovered
that he had enmity against certain
members of the force. and made
trouble with them. He denied that the
trouble with Donovan arose out OF the
fire department troubles. especially that
between Assistant Chief Donovan and
4he chief of the fire department.
You and Captain Donovan belonged
to the same club?"
Eyes; for some months.
You frequently went there to-
gether?"
Yes"
You played caroS lneTe!
YES, sometimes"
"Did you play for money!"
I'VE have played penny ANTE or a
social game of whist or high five
Did you not go to the club fire.
ouently. play poker all night and skin
the boys?'
QUESTION objected to for the reason
that whether the chief played poker or
not had nothing to do with whether
Captain Donovan was guilty as charg-
ed or not.
Judge Mckay urged that it was
necessary as tending to show the cred
Utility of the witness and to find out
whether he was one Of those individ-
1lals which, in his discretion. it would
serve no good purpose to prosecute UNI
der the law against gambling.
The objection was sustained.
District Attorney Responsible.
.eDc you recollect the Tyrel case?'
Yes
.~That w5s one of the cases in which
discretion was used?"
Eyes. but not by me. District Attor-
nev Judd told me he had
rome into the case and come
~ the conclusion 10 discharge
him. He took the whole responsibility
IL.