The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-23

:
fetal capacity as selectman and mem
Der of the county court and before such
court.
CORRUPT INFLUENCES.
That while said question of accept
ance of said furniture from Martin
Hayken for A. H. Andrews & Co. was
| pending and undetermined before said
! county court and while the question OF
making appropriation or appropriations
! for the payment of the same, or any
part thereof, was pending before said
court and before said Joseph r. Morris
as a member of said court and one OF
the selectmen of said county, that then
and there said Joseph R. Morris. being
such executive officer, felcniously and
| corruptly received from said Martin
Hayken as representing said A. H.
Andrews & Co., the sum of $4,000, or
! some sum of money, with the under
standing and corrupt intent that his,
said Joseph r. Morris vote, opinion
and action as such selectman in regard
to said county accepting said furniture
! from A. H. Andrews & Co., and max
ing an appropriation or appropriations
for the payment of the same or some
part thereof. should be corruptly in
fluenced thereby in favor of said con-
tract.
You are further instructed that a
selectman or member of the county
board OF the territory of Utah was,
when acting in such capacity, in ac-
cepting or agreeing to accept, furniture
| and fittings therefor contracted to be
sold and delivered to said Salt Lake
county for the use of said county in
the county's part of said joint city and
county building in Salt Lake City, and
in making an appropriation or appro-
priations for the payment for the same,
or part thereof, an executive officer
of the territory of Utah now state Of
Utah) within the meaning of the stat
ute under which this Indictment is
brought. and when he was so acting in
his public and official capacity and as
such executive officer.
CROWDS FOR A VERDICT OF
GUILTY.
You are therefore instructed that If
you believe from all the evidence in
this case beyond a reasonable doubt
that the defendant Joseph R. Morris,
at the county of Salt Lake, in the then
territory of Utah (now state of Utah),
ON the first day of August, 1894, or at
any time within said month of Au-
gust, 1894, was then and there an exec
utive officer of the territory of
county in said territory, and was then
and there member of the county
court of said county, and that said
county court had then and there under
consideration the question of the ac-
ceptance of furniture and fittings for
the joint city and county building and
of receiving and appropriating moneys
of the county for the payment of said
furniture and fittings heretofore con-
tracted for with Martin Hayken as rep
reSenting A. H. Andrews & Co. of Chi
cago, or either such acceptance or
such appropriations, and that said JOS
eph r. Morris did then and there on
said first day of August, 1894, or within
a reasonable time of said day, corrupt
ly receive the sum of $4,000, or any sum
of money, from said Martin Hayken,
the agent of said A. H. Andrews & Co.,
upon an agreement or understanding
that his vote and action as such select
man in regard to said acceptance of
said furniture and the making Of an
appropriation for the payment of the
same, or either such acceptance or ap-
preparation, should be influenced there
by in favor of said A. H. Andrews e.
Co., or said Martin Hayken, in consid-
Grafton thereof. and sucn payment and
receipt can be precisely identified N
the evidence, then you should 6ni him
guilty as charged in this indictment.
You are instructed that the gisI of
this offense is the payment of money
by Martin Hayken to Morris with the
particular intent charged in the indict-
ment, to-wit to corruptly influence
defendant to vote and act as such Sc
lectman in the acceptance Of SAID fur
niture and fittings and the aDpropria
ton for the payment Of the SANE. You
hn in
dictment of finding defen dant guilty
for receiving money from Hayken, for
corruptly awarding or letting the con-
tract for said furniture TO Hayken or
Andrews & Co., or for any other
wrongful, corrupt or felonious or any
purpose other than for his vote or act
in accepting the furniture and making
the appropriation for the payment of
the same.
COST IMMATERIAL
Testimony has been introduced in
this case which the prosecution claims
tends to show that the furniture and
fittings were sold by said Martin Hay
ken as agent for A H. Andrews & Co.,
to Salt Lake county, for the joint city
and county building, was not worth the
amount for which it was sold. 1t is
for you to determine from all the evil
dence in this case, what the said fur
niture was worth and as to whether it
was so sold for more than it was
worth But this testimony was intro
duced for the sole and only purpose of
showing a motive for the alleged re-
ceiving of the alleged bride, by defend
ant, from said Martin Hayken and to
explain the reason which he had for
receiving it. The question of the value
of the furniture can only be considered
as evidence in this case for the purpose
and only purpose of showing whether
the defendant had motive for receiv-
ing the alleged bride. You can only
convict the defendant of the offense
in the indictment on any con-
clusion or belief, upon the evidence
that Martin Hayken may have cheated
the county in the sale of the furniture
and fittings aforesaid, or that he may
have charged and received therefor an
exorbitant price or that the defendant,
as such county selectman, may have
paid or voted to have paid a large and
exorbitant price for said furniture.
The date laid in the Indictment for
the commission of the alleged offense
is not material, provided the act
If proven to have been COM
mitted, can be precisely identified by
the evidence. If you find beyond
doubt that money was cor
ruptly paid to and received by the de-
PENDANT and upon the understanding
had that his vote and action as a mem
Der of the county court should be In
thereby in the matter of ac-
cepting the furniture for the county
building and making of appropriations
for the payment therefor before or
after the month of August, A. D. 1894
you may consider. such payments as
made and received with the
purpose aforesaid in determining
any money was paid and re-
ceived upon like understanding on or