The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-14

had acquieseed in this opinion and
then the matter had dropped.
Smiths Affidavit
Judge Powers at this point wanted
TO ofIer IN evidence an affidavit from
Smith. but Mr.. Sutherland objected on
the ground that it was inadmissable.
The objection was sustained
The affidavit was as follows:
Territory of Utah, County of Salt Lake,
John Smith being duly sworn accord
ing to law deposes and says:
mat he is % years of age and is the
identical Mr.. Smith referred to in the
charges preferred on September Z, 1895,
by Arthur Pratt, chief OF the police force
ana department OF Salt Lake City.
against John J. Donovan, captain OF the
sald police department.
Inat ne has read specification OF
said charges.
That afiant denies that on or about
inc 10Th day of May 1895. or at any time
or at all, in Salt Lake City or elsewhere,
mat said Captain John J. Donovan in
VOCATION of his sworn duty as an Off
Ger OF the police department of said
city or otherwise told affiant that he (af-
manu- was suspected of visiting "a house
ana that he (affianO would get caught,
as the police were after him (affianO or
words to that effect
<lIiicill AYERS lHdl early III tuS spins
OF 1895. some one told him that he was
suspected OF keeping a woman IN the
Daft building in Salt Lake City, Utah;
mat the party who told his was not the
SAID captain Donovan or any one con-
nected with the police department of
salt Lake City, but that he cannot re-
member the name of the said party who
dlVuiged the information. Affiant beilev-
ing hlmSelf TO be under police SurVen-
lance on meeting said Captain Donovan,
said to him, Captain, l understand that
l am suspected of keeping woman IN
the Daft building" or words to that eff
feet. Captain Donovan replied, You are
pretty old man TO be suspected OF that
kind of work Are you keeping
woman?" Affiant replied that he was not
keeping a woman and wanted to know
who had given the false information and
threatened to see Chief Pratt about the
matter. Affiant further states that some
weeks after this conversation with SAID
CAPTAIN Donovan, affiant met Sergeant
William H. Ford of said police depart
meme in Finche's restaurant on Main
street in Salt Lake City, and the Mabry
case being then ventilated in the daily
press affiiant began a conversation with,
said Ford. Affiant said to Ford, You
had better be on your good behaviour
now as scandal is in the air; even
man leading as exemplary life as | am
is not above suspicion" Ford replied,
Yes. there are people after me who
would give $1,000 to catch me. Athant
further states that the said CONVERSE
tons are the only ones he ever had with
either. Captain Donovan or Sergeant
Ford in regard to being thus suspected,
and that his only object in the matter
was TO ascertain who the party was that
had given the information concerning
his alleged wrong doing in the Daft
building. The Information that aflant
was suspected. or under police espionage,
affiant says, came neither from said
Donovan nor from said Ford; but from
their refusal to deny that he was under
oil and n
ner affiant inferred that he was suspected
of the alleged wrong-doing.
Subsequent to said conversation with
said Ford. affiiant was sent for by Chlef
of Police Pratt. Said Ford met affiant
on the corner of First South and Com
mercial streets and together they went
to Chief Pratt's office. Affiant went to
Chief Pratt's office at the request of said
Ford. the said Ford entered the Office
of said chief when afiant entered.
In the conversation that ensued at that
interview between affiant and Chief
Pratt. affiant did not state to Chief
Donovan had given him the tip or that
said Donovan had in any manner di-
vulged to him the secrets of the depart
ment or that said Donovan had stated
to affiant that he was suspected by the
police department or by any one else OF
keeping a woman in the Daft building.
Subscribed and sworn to before me
(SeaD. d. \. STRACP,
Notary Public.
Judge Powers-How long was it
since Mcdonald was on drunk, pre-
yious to the day at Saltair?
He had not been drunk for a year
o mt knowledge. 1 have never seen
lin drunk"
Cross Examination.
Cross-examination was then begun
~ Attorney Sutherland. Donovan
aid that it was about two weeks after
lis visit to Mount Pleasant that he re-
urned the letter to the postmaster.
Mr.. Sutherland-Did you not tell the
hfef the envelope was lost or de-
troyed?
Yes; l might have told him so'
"Why did you tell him this when in
eality you had it in your possesston?" I
Because / had consulted attorneys
nd they told me not to admit any,
hing until charges were preferred"
Then the fact of the matter is that /
What you told him was not SOP
Yes; suppose so.''
Did you attach grave importance
o that anonymous letter."
Yes; l thought it was of great i'm
to the whole department"
Then why did you not show it to /
he chief when you had ample OPP !
Il thought the chief was putting up
job on me on account of the letter
ot being signed.
Witness was asked why he told the |
hief he wanted a leave Of absence to |
o to Bingham, Tirtic and Mercur
7hen in reality he intended to go to |
Iount Pleasant, but did not answer
he question definitely He admitted /
hat he did not go to either of the
hree places mentioned but went di-
ect to Mount Pleasant.
In regard to his picture. he said he
rst learned it was in the hands of the
'randzen woman from a commercial
ian named Bourne and later from
harles Chapman. He admitted that
hen he denied any knowledge of the
lan's name before the commission he
new it well. He had not become
Harmed upon receiving the first letter,
ut became nervous on receiving the
ter one regarding Ford, as he was
fraid of being mixed up in the mat
Mr. .Sutherland-Why did you give
TcDonald $40 to make the trip? !,
II did not want to be stingy"
How much did he return of it?"
uon KNOW, ABOUT $Iz, L De-
eve"
Did you charge the amount to the
epartment?''
"No, SIR
Why not, if, as you claim, you
fought it was department. business?"
Il have done lots of things without
larging them to the department"
Has not the chief directed you to
ave all letters on his desk after read
q them?'
mo; he did not make that rule. !