The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-13

a. r..
HAYNES on the charge of detrauolhS
Salt Lake county by supplying inferior
paving material for use on the state
road in December, 1894 and certllyl ING
that the same was rock and shale
good materially and collecting from the
county the price of SLIP per CUBIC
ward, when the soil and dirt they are
alleged to have delivered was prdctl-
cally valueless, was resumed yesterday
morning before judge Hiles and jury
AS on the previous day County AtIod-
ney Whittemore and Attorney G. p
Varian prosecuted and Judge Powers
defended The hearing was not con-
cluded. when the court adjourned till
1Ox'clock this morning, when 1t VIII pc
resumed.
Taking the judges statement that ne
would instruct the jury to return a
verdict clf not guilty if the jury found
that the county court or the agents or
the county had accepted the material
and used it, as q criterion, it would ap-
pear that the prosecution were in no
better luck than in the first case tried,
for several of their own witnesses UNI
der cross-examination testified that the
county had two inspectors on the
ground who accepted the material
WlT0OuI d
paving.
FOR THE PROSECUTION.
For the prosecution the first witness
examined was James Russell, who said
he had seen the material used in the
paving. 1t was rock, shale and dirt,
with some sand. The teams hauled a
large quantity of earth and loan to the
State road from the banks of an irriga-
ton canal. Witness had some exper-
fence in making roads. but very little
with regard to macadamizing, and
could not say whether the material
used on State road was good for ma
cadamizing or not He, however
thought about two-thirds of it was
good for making ordinary roads, and
one-third was bad Mill Creek canyon
where some of the material was taken
from, was of rocky nature.
Ex-Selectman John P. Cahoon, in re-
ply to MIR. Whittemore, testified thai
the Macadam Rock company furnished
material for paving State road from
Thirteenth South street to Murray.
Cross-examined by Judge Powers
Witness said the. material furnished
was examined and passed by the in,
Spectors for the county. The road su
pervisors were Shurtliff and Kilgore
who acted as inspectors and by instruc
tons of the county court examined
and reported on it's quality
Under what arrangement was the
material supplied?" asked Mr. White.
more.
bids were advertised for and the
contract let to the Macadam Rock
company and the QuaTtzite Rock com
pany-"
Were there any bills or vouchers
presented by the Macadam Rock com.
pany from time to time?"
Yes
Here witness was shown severa.
vouchers and identified them. Witness
had no interest in any of the compan.
les furnishing material
Replying % Judge Powers. witness
said during the month of December
1894. as far as he knew. there was nc
unstable material used in the paving
The defendants had nothing to do with
laying the paving; all they did was to
supply the material. Witness described
the system by which the paving was
done. The top dressing was crushed
rock, with perhaps a little earth Wit
ness was over the road every day and
was sure the top dressing was crushed
rock in the main.
GEDDES AS AN EXPERT.
Selectman Geddes next took the
stand. He examined the road from
Thirteenth South street to Murray
saw the material being used in the
paving; it consisted of rock and dirt
and dead leaves. Some of the loads
contained Is per cent rock and others
only 40 per cent. It would average &C
per cent rock. Witness had a great
deal of experience in macadamizine
and had no hesitation in saying that
the material used on State road was
not suitable for paving The top dress
ing was nearly all gone already. II
was simply mud and was carried away
by wagon wheels. The Foundation
for macadamizing should be large
rock.
Cross examined by Judge Powers
witness said he had studied the theory
of building roads, especially that ir
use in Europe, and had studied Utah
roads all his life.
What is the name of any book yor
ever read on the subject of road build.
ing?"
'I can't remember now"
"You gave this subject, you Eaid
intense study, yet you cannot name
a book you have read on the subject
of road building in Europe?"
II looked up the subject generally
and talked with many people abour
it."
Name some of those people"
81 talked with my father about it.
Anyone else?"
YES; perhaps two or three hundred
people"
When did you examine the pave
| ment?"
after 1 was elected and before as
Stunning the office of selectman."
"You drove over a good many of thu
roads Of the county?"
Yes"
Did you charge mileage for it?" $
Question objected to and objection
sustained.
Witness said top dressing was no
necessary, unless in cases where there
was not time to smooth down the tor
without it. He wasn't aware that toT
dressing was always used. Mr.. Gedde!
said he had seen macadamiZed roads
in other parts of the territory in Whlcf
no top dressing was used. beins
pushed hard to tell when and where
he had seem these roads, witness ad
mitted he had never seen a. macadam
lied road in Utah except the State
road.
What would you use as the first
layer in matchmaking"
Rock of various sizes"
Witness quibbled and shuff1ed anc
squirmed in his efforts to describe
something he evidently knew nothing
about and made varying statements II
describing how a macadamized roac
should be built.
Witness could not say what proper
ton of the material he saw being haul
ed was leaves. Couldn't give the name
of anV driver whose load he had eX