The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-14

the Courts.
The proceedings in court yesterday
in the cases against a. E. Cahoon and
Harry Haynes were such as to cause
| it to be seriously considered necessary
that something be done to relieve the
county of the so-called services of the
present county attorney. His conduct
of these cases from the drawing of the
indictments to the finale, when the par
ties were declared not guilty, has been
such as to in all seriousness, make it
apparent that an inquiry should be
Mr.. Whittemore's mental condition and
that guardian should be appointed to
take care Of him.
Until these cases came to trial it was
not known what their merits were now
it appears they had no merits at ALL
The short of it is Haynes and Cahoon
contracted to supply the county with
paving material at a certain stipulated
price. The material was supplied, ac
cepted as up to the required specifca-
lions by inspectors duly appointed by
the county. 1t was used and paid for.
A year afterwards Mr.. Whittemore dis
covered or thinks he discovered that
the material was not as good as the
contract called for and he procures the
Indictment of Cahoon and Haynes.
1t required no lawyer to tell that I'M
der these circumstances even if the ma
terfal was inferior that criminal pro-
Ceedings would be entirely futile. But
the attorney for the state absolutely
and miserably failed even to prove
that the material was inferior, in fact
the great weight of evidence was the
other way.
The indictments of Haynes for failure
to sprinkle eight hours day is even
more absurd than the other indict-
mentS. The facts are the county court
agreed with Harry Haynes to pay him
$3.45 per day for sprinkling a certain
portion of the State road in a manner
satisfactory to the court during GER
tain months which were specified.
Haynes was to sprinkle when it was
necessary. If the season was dry
one he would have to sprinkle several
times every day, if it was a wet season
he would not have to sprinkle so fire.
quently, but according to the contract
The contract may or may not have
been a bad one for the county Any
way Haynes did the sprinkling salts
factorily to the county'S agents, be that
bad or good, sent in his bills and got
his money The states attorney comes
along and has him indicted because he
failed to sprinkle eight hours a day,
wet or dry, basing his hope of convic-
ton on the fact that there is a statute
providing that eight hours shall con-
stitute days work. Could anything
be more absurd?
The inevitable consequence was that
the prosecution fell down miserably, al
though Judge Hiles in his rulings gave
the states attorney all the latitude
possible and if he erred at all, it was in
giving him the advantage of a not too
strict construction of the rules of evil
dence, thus allowing him the opportun
ity to put in testimony which otherwise
would be barred.
This tom-foolery on the part of the
states attorney has cost the state in
these cases against Cahoon and Haynes
something like $4,000, with the result
that not even shadow of a conviction
has been obtained, and the cases are
all practically disposed of. In the three
that came to trial the verdicts were
not guilty and the states attorney says
he expects to move for dismissal of
the remaining four and one has al
ready been dismissed on his motion.
THE PROCEEDINGS.
The case against Haynes and Ca
boon, jointly, for supplying inferior
paving material and charging for
good article, was resumed yesterday
morning before Judge Hiles and a jury.
Harry Haynes was the first witness
yesterday morning for the defense. In
reply to Judge Powers he said he was a
member GU the AIacadam Rock company
and supplied paving material to the
county for use on State road. Witness
came to this country twenty-five years
ago; had been a. member of the terri
torial legislature and also of the con-
stitutional convention. In December,
1894, he furnished rock from Mill Creek
canyon: had nothing to da with the
laying of the paving. The material was
delivered to the road supervisor, who
from time to time gave instructions as
to the kind of material he needed. No
earth or soil was delivered The irri-
cation canal bank referred to by some
witnesses was of rock and the company
crushed it, The bill sent in for the
month of December included no earth
or soil whatever.
In cross-examination, witness said A
e. Cahoon and himself were associated
together as the Macadam Rock compa-
ny. John P. Cahoon was not a part
ner with witness. The canal ditch re-
ferred to was of rock and not earth or
soil.
August Roland and H w Wyler tes-
titled that they had been over the road
many times in December 1894, and saw
the material being used in the paving
There was no soil or earth used.
DEFENSE RESTS.
The defense. here rested and the pros
ecution called Richard Howe in rebuff
tai. Mr.. Whittemore asked witness
what was the condition of the road in
1895 after the paving was completed.
Judge Powers objected to the question
as not being rebutta1 and the objection
was sustained. This closed the testi-
mony and counsel made brief argu-
ments to the jury. Mr.. Varian opened
for the prosecution. Judge Powers fol-
lowing for the defense and Mr.. Whit
temore closing for the prosecution, af-
ter which Judge Hiles delivered the
charge to the jury
THE JUDGES CHARGE.