The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-20

LA
to him was made"
THE contract was signed in Hayken'
room at the Knutsiord?"
Yes"
who drew it up?"
81 did myself"
WHO is E. n. Morris?"
my wife"
Did you at all these times have pow
er of attorney to act for her?'
Yes
Power of attorney dated December
/ 80, 1898, was put in evidence).
How much did he pay you on this
contract?"
About $780,
MORRIS RECEIVED $500.
When was the first payment made?'
Did you give him receipt"
Yes"
Have you seen it since?"
mo"
How much did he pay you at thai
time?"
Two thousand dollars
when did he make the next pay
ment?''
about a month later, some time in
June
How much was paid then?"
Either $1,000 or $780,
Did you give him a receipt?'
Yes
When was the third payment
made?"
I'm the summer or fall of 1894. He
paid me $1,000
and the last payment?"
1T was either 81, 800 or s., 800"
I'm the summer or fall of 1894 did
you receive any letter from him about
the mine?"
Yes, but I cannot find it now
Have you searched for it,"
Yes, diligently
Witness then went on to tell the con-
tents OF the letter which he said re-
ferred to making an examination of
the property and ether details.
Did you show him any Gre from the
Holland and Black WARRIOR"
Yes, in April, 1895. 1 took him to
him quite little ore"
Did you introduce Hayken to
Shaw?"
Yes
Had you any conversation then
about the mine?"
yes. we talked about the ore and
Haykeu wrapped UP some of it in a
newspaper and took it away"
CA portion of the ore said to have
been shown to Hayken was put in
evidence).
Did he say anything to you in April
1895, about it being fortunate the con-
tract was not recorded?"
Yes, he said it was good thing as
the trouble with the furniture was on
and people might put a wrong con-
struction on it,
Did you. see Hayken after the let
ters We're published in the Tribune ?'
Eyes, 1 saw him at Judge Dey's Of
fee
What did you say to him?"
Il told him he had ruined me and
dozen other men with his miserable
letters which I had Just read for the
first time that morning"
THE DEFENDANT IN TEARS.
GIere the witness became greatly af-
fected and choked up with tears and
it was some minutes before he could
proceed)
He said" continued the witness,
there was nothing in the letters which
implicated me, nothing to show that he
had paid me a cent and he asked that
the mining deal be kept secret
Witness then said he threatened to
publish the whole mining business in
the papers but was persuaded not to do
it. Hayken told witness that when he
came here he expected to have to pay
some money to get the contract and
received money from the firm for that
purpose, but he had returned it to the
house, all but portion he kept for
himself. Had settled up with the house
fully. Witness asked Hayken if he got
a receipt for the money he returned
and Hayken said he had not Witness
then urged him to get receipt as that
would be the solution of the whole
business.
The witness then testified that he
went to Dugway with Delaney in the
fall of 1895 and on his return had writ
ten Hayken. Witness attention was
then called to the statement of Hay
ken that the contract was bogus and
had been made in the Wellington ho-
tel in Chicago, after these proceedings
were started. He denied the truth of
this and averred that the contract rep
resented a genuine transaction.
Did you pay Hayken any money on
September 10, 1882"
Yes. he said he was hard up and
wanted some money to give his attor-
neys and let him have $3.50"
How did you pay it?"
Il drew the money from the bank
and gave it TO him in cash"
After paying him this money wit
ness said he entered into an arrange.
ment with Hayken at the Cullen hotel
ard signed an agreement to keep the
mining deal secret. Both Hayken and
witness signed the agreement at the
time.
j.. PORCH.
Witness said he was in Chicago in |
February Of this year. He travelled |
over the Rio Grande Western road. Joe |
Oberndorfer bought the ticket for him
to go to Chicago. The ticket was made |