The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-14

knOx-HayISen's Ingenious Expla-
na+ion of What He Meant by
ssWorl1ing" the Members of the
City Council and Others.
In the trial of the case against eX-
Selectman Joseph R. Morris for receiv-
ing a bride Of $1,000 from Martin Hay
ken, the whole of yesterday was prac-
tically taken up with the cross exami-
nation of Mr.. Hayken by Judge Pow
ers. The examination was very severe.
Judge Powers introduced some new let
ters and quite a number of the old
stock which were used in Hayken's
trial were also put in. The aim of the
defense, and III it they were quite sue
cessful, was to snow great discrepan-
cies between Hayken's statements on
direct examination and those made in
his letters TO his firm. Judge Powers
showed great ability and earnestness in
questioning the witness and got him
into some tight corners. 1t was try
ing ordeal for the old man, but he
showed the greatest good humor
throughout and his explanations were
ingenious if not always plausible. From
present appearances the cross examina-
ton of this witness will occupy all of
today.
Judge Rolapp is very painstaking and
attentive to the hearing and exceeding
ly careful in instructing the jurors not
to talk about the case either to ore
of Judge Powers his honor also in
structed the jurors not to read any
thing whatever in the newspapers
about the case.
THOSE MINING CLAIMS.
J. II. Hickman, mining recorder of
Tooele county, in reply to Mr.. Varian.
testified from his records that Henry
Bietterle. William Bill and H. A.
Teasdel lad each made a mining To-
cation of 800 feet in the Dugway min
ing district on January q, 1888.
These claims were called the Francis,
Holland and Black Warrior and are
the claims in which under the purport-
ed agreement a half interest was sold
TO Martin Hayken for a stated con-
sideration of 900.
These claims according to the re-
cOrQGf s DOCK were transferred allG re-
transferred many times for cOnSidera-
tons varying from 81 to $4,000 and
finally portion of them stood in the
name of Edith NJ. Morris. wife of the
defendant. 1t is understood the object
of the prosecution in introducing
these records is to show that there
were no claims situated as described
in the sale note between Hayken and
Morris.
HAYKEN AGAIN.
Martin Hayken was then recalled
and in response to Mr.. Varian said
when the agreement to pay Morris 20
per cent. of the purchase price of the
furniture was made a memorandum
of the agreement was given witness by
Morris. This memorandum was
burnt by Mrs. Hayken along with
other papers relating to the transac-
ton.
state what were the contents of
the memorandum said Mr.. Varian
1T was an agreement that on con-
sideration of the contract being
awarded to Andrews & Co. Morris was
to receive 20 per cent. of the purchase
price
'FWhy did you pay Morris any money
before the contract was completed?"
asked counsel.
HE said the house should pay some
thing on account, and that he needed
the money"
"How much did he ask?"
1.-TWO thousand five hundred dol
lars"
what did you do then?"
81 told him 1 would write the house
and 1 did So
How much did they send your" :.
One thousand dollars on May T. but
: he said that was not enough and about
May they sent $1,000 more and then
paid him the $4,000
How did you come to make the
payment of 81 600 in Anguish"
He said he wanted money and 1 let
him have that much
I'm December was it the sameo"
yes. I paid him 1000 then"
with reference to the package left
with Knox for Morris, who was there
when it was opened?'
Mr.. Knox and myself
What was done with the $1,000 it
contained?"
when Mr.. Knox opened it he said.
hello. here's money He asked whose 1t !
was and 1 told him it belonged to the
house. He said they owed him money
and he kept it,
Did you get receipt for ft?''
yes"
Receipt produced and offered in evil
dence by Mr.. Varian, but ruled out
on the objections of Judge Powers).
HAYKEN UNDER CROSS ExAMI-
NATION.
This closed the direct examination
of Mr.. Haylzen and Judge Powers took
the witness in hand in cross examina
t6on as follows:
Martin Hayken, have you been
telling the TRUTH"
Il have, SIR
Have you told the whole truth?"
Yes, SIR
You have told the entire story that
you have to tell or can tell concerning
the contract for the furnishings and I
fittings of this city and county build I
ing?s
As far as was asked, yes. SIR
Have you told the whole TRUTH"
Yes. sir