The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-01
PROSECUTION
RESTS IT'S CASE
Continued from Page -

perhaps you may think me over-sensitfve
yet l could not imagine why the sentence
and there is probably nothing which you
can do to assist us in that connection, "
etc, etc.
Hoping TO hear from you in matters
as suggested. believe me to be- yours
very respectfully. NJ. HAYKEN.
The last letter put in evidence was
dated June q, 1895, from Denver, and
read:
4; A. Holbrook, General Manager.
Dear Sii--Judge Charles C. Dey, of Salt
Lake, arrived here yesterday morning,
and 'aIL on last nights train, SIS, for
Waukesha, Wis; intends staying there
until about July 9Th; come to Chicago for
one Gay 10 see you, and returns here
about the 9th of July. The report he gen.
orally makes Of the condition at Salt Lake
leaves no question but that the outcome
viii be favorable for your company,
there seems to be an impression arrived
at by him. from confidential talk had
with Weary $50 he asserts) that SOME
ONE at your office gives away points
10 Weary. Judge Dey suspects F'ricke,
because Weary told him that ne received
copy of Frickes affidavit direct from
him (Fricke), and from general talk of
Weary there is leak somewhere! L
have tried to disabuse his mind and also
mine. L. would do so, and when he calls
on you perhaps will explain; in the mean
time respectfully and kindly would sug-
aeSt you look it up Judge Dey says
that the main object of his keeping me
from coming there was to have me pre-
pared with all dates, and ready to answer
questions: he brought along a list of
money received and paid through Knox,
(who by the way has been requested to
produce the books and now wishes me
20 request you to forward to me full
statement. as left with you by me, Of
every freight receipt amount of money
received by draft and otherwise through
me-, to which you will please add, with
out specifying from whom, amount for
warded from De Golyer and D. H. Peery
account SO as to balance perfectly,
and 10 enable me to account properly,
see?' Have it done at once, and please
forward to ne here. Judge Dey dictated
dispatch his address, to be received by
hiS partner, as follows: Business still
5etains me. will come any time desired
after June 29th, advise when? Signed NJ.
H." and tells me not to so there until
he so orders. | enclose letter of j. R.
". for your perusal; please return same
TO me here l have wired TO him for in
formation when Weary will leave there,
because he will come here to try on First
National bank-since l will leave here
for Topeka tonight, and possibly not re-
turn before Thursday or Friday next.
HAYKEN IN THE SWEAT BOX.
Chief of Police Pratt then examined
by the county attorney, testified that
on September Is, 1895, he saw Hayken
at the Union Pacific depot and later on
the same day at the United States
marshals office.
Did you or any one in your presence
at the marshaFs office offer any in
ducement for Hayken to make con-
fession?"
Il think not
was Hayken at any time in your
CUSTODY"
No"
Cross-examined by Judge Dey wit
ness said he went to the depot to see
Sborll6 rl.ixra 10 took M
part in the arrest, but assisted in con-
veying HaYken up town in the patrol
wagon. United States Marshal Brig
ham. Mr.. Bailey and Adam Paul were
there also.
who is Adam Paul?''
He was a detective on the police
force at that time. He came in on
the train from Denver where he had
been watching Hayken."
''You TOOK Hayken to the United
States marshaTs Officer"
Yes
How long were you with him
there?"
About three hours
Did Hayken ask you to send for his
attorney"
Yes
Did you do it?"
Did he ask Whittemore, the mar
sha! ard others to send for his at
tori ey?"
He did"
why didn't you do it?''
Because I didn't have to. 1 wasn't
sending messages for Hayken.''
He offered to pay for a messenger"
YES"
you had Rayken there and kept
him there alone under duress to extort
a confession from him?''
mo, l made no attempt to eXtort''
What were you doing there at all?'
Il was there in the interests of JUS
tice 1 suppose"
Did you make threats against him.
NO, l was in hopes he would make
a clean breast of it. l told him that it
was local officials we were after more
You refused to let him see me, his
Attorney"
Yes
Ibid they search him and take away
his papers and memoranda?
WHO else tried to persuade him to
confess -
Paul. Howat. Brigham. Bailey and
others talked to him.
WAS it part of your scheme to run
him in before the grand jury?"
He may have heen taken before the
jury
you sent for the district attorney?o
Yes, we thought he might talk to
him.
"Why didn't you send for me?"
I'VE were looking after the prosecu-
ton
You had him in the sweat box?"
NO, he was not injured at ALL"
What inducements did you hold out
to him to confess? ?"
None: only told him we were after
local men who were holding official po-
sations; that we had a dead sure case
against him. and I tried tc induce him
20 confess"
You wanted to get Rayken where
you could talk to him and get a con-
fession from l1im?'
Il did"
Here witness was withdrawn, but re-
called later.
FLOESSLER AGAIN.
Arthur NJ. Floessler recalled. in re-
ply to Mr.. Whittemore said that Hay
ken had told him in Chicago that he
QIayken) would testify against the
others if the prosecution would dismiss
the cases against him. Hayken, wit
ness said, asked him to go to Salt Lake
and testify against Holbrook.
CroSs-eXamined by Judge Henderson,
witness said the conversation occurred
at Hayken's house.
.'Wnat did you go there for?'
'-Just to see him -
Did you ask him for any money!
NO"
DO you mean to say you did not ask
him for money!"
Did 1 ask him for money!" said wit
ness.