The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-03

the LlplldIl lire
What was your opinion of the man
agement of the fire?'
Objection, which was not sustained.
Can any man standing around tell
how much water should be used?"
mo; only the chief engineer could
tell that, and he would have TO do
some figuring"
Cross-examination: Believed that it
was not good policy to keep a steamer
in service; was a warm friend of By
water; did not feel particularly friendly
TO Devine.
Binford's Idea.
Chief Binford, of the Ogden fire de-
partment, was called and asked if he
had seen the scene of the Lipman fire
and il he was able to say how it had
been mana ged, both of which he an
sWered afiirmatively.
What was your judgment regarding
the management of the fire?''
1T evidently had a good start and
must have been we'll managed to have
as small a loss as there was"
Cross-eXamination: Had been chief
in Ogden for two and a half years.
Mr.. Lippman-What were you before
you took chat position?
II decline to answer that; that has
nothing to do with this case"
Then you do not care to answer?
You are here as an expert; we want
to know what you were doing?
After some argument he was told
to answer and said he had been in the
real estate business for six years and
in the railroad business for seventeen
years.
How many fires have you had in
Ogden?"
About 250''
Did you once send to SAT- Lake for
the departments"
mo; it was done without my con-
sent"
Secretary Felt was asked if Chief
Devine had reported the receipt of
the Sears check. about April Is. He
said verbal report had beer made
but no action was taken.
By,vater Explains.
w. H. Bywater, engineer. was called
He had learned the trade Of engineer
in 1874. He had been in charge Of the
steamer in fSSS-S9-90. Had once been
deputed by an engine company TO test
a steamer The heater mas been con-
nected with the engine in January
February and March and up to this
time. 1t had been ready.
How was the Waltner fire han
dled?'
Il do not see how the handling could
have been improved upon. The same
answer was made as 10 the Lipman
fire
Have you ever seen @Mr. Devine
surly or snappish toward the men?''
Il have not seen such a condition"
Not Papa's Court"
There was another spat between the
lawyers. There had been bad blood
oil no mi -I NTr- ir1-,1
finally said hotly, I'D like to know
whether AIr. Zane is running this
board This is not papa's court, which
he used TO run
Mr.. Zane began to say that he did
not intend to hear such talk from THE
young man who had just entered the
bar" when he was shut of by the
board.
Witness said the chicf had never
been dictatorial or naughty.
DISCRIMINATION: Were you not
an applicant for the position of chief?''
NO sir
Did You not make an affidavit
against the chief?'
Yes. but it was on misrepresenta-
tons"
Are you in the habit of making
affidavits on information?"
Il am not in the habit of making
affidavits.''
Witness said he was engineer since
last August He did not receive
engineers pay until January.
Redirect: What is the cause of
lack of harmony in the Department.
There has not been sufficient au-
thority in anyone to prevent muir
muring and kicking and growing"
Had Rot Stayed Up.
To Mr.. Lippman: He had not stay
ed up all night to watch the men.
He had not been a spy The trouble
is all caused by a clique with whom
he does not associate. He did not
know who was in the clique.
John Chalmers, clerk of the de-
partment was called. He submitted
the various accounts of the depart
rInent, showing fines and sales of old
hose.
Witness had never seen the chief
refuse to salute the men but had
seen several of the men refuse TO
salute the chief.
When Mr.. Sears brought in the
check he was told it would probably
he turned into the relief fund and
said it was all right. He had not
said anything about pants.
DISCRIMINATION: Prior TO the
receipt of the Sears check no account
had been kept Of the gifts. He had
not thought they were the part of the
city's business.
Henry T. McEwan. receiving teller
of the State Bank of Utah, identified
the bank book of James Devine,
Chief Engineer and checks drawn
against it amounting to $685., as we'll
as q deposit Slip of the Sears check.
Witness said Devine had explained
when he made the account that it
applied 10 department funds.
At this point the defense uneXpect-
eddy rested and the prosecution en-
deavored to introduce testimony to
impeach the chief, but it was all
ruled out on the ground that he had
introduced nothing new in his de-
Tense and ali remaining evidence
should have been introduced in the
beginning Mr.. Lippman wanted to
have an adjournment until this morn
ing, but Chief Devine said it would
be unfair to him, as he was paying
counsel by the day and was under
heavy expense. He wanted to finish
up at once. Judge Powers not being
present recess was taken for half an
hour until Mr.. Lippman could con-
suit him. At the end of that time
Mr. Lippman returned and stated
that under the ruling of the board he
would be compelled to rest. Neither
side cared to argue the case and it
was taken under advisement until
this afternoon. when it is expected a
decision will be rendered.
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