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

back and cancel the contract. Now.
you said while ago that you were
not obligated to refund him that $500.
Are you still of that opinion?"
Yes
Speaking of the agreement dated De-
cember 10, 1895, by which Hayken and
Norris arranged to keep the mining
deal a secret, witness said it was writ
ten at the request of Hayken in his
room at the Cullen hotel and signed by
both.
Did you exact that agreement from
him or he from you?"
1T was made az his request
Was it written with the Cullen ho-
tel ink?"
mo; 1 think it was done with Hay
ken's writing materials"
Did he carry a bottle of ink around
with him?'
He generally had his own writing
material in his room. He had them at
the Knutsford and in this instance at
the Cullen"
Since the execution of the contract
to keen the deal secret has there been
anything done in regard TO the mining
properties?'
They were spoken about, but moth
ing was done"
ed to show ND when you threatened
Hayken on the morning of the publ
cation of the Hayken letters in Sep
TENDER. 1852
Yes
Were those letters the first intima-
ton you had that Hayken was writing
his firm that he had paid you anything
in the shape of boodle?"
i knew there was some talk about
when 1,AYnW orat
gan"
Did you ask him to so before the
Lexow committee and explain about
this deal?'
No; l didn't know enough about the
matter then
TAKEN BY SURPRISE.
1.-THE publication of the letters took
you by surprise?"
Yes
You read those letters through?"
Yes, and then for the first time I
learned that he had been writing that
people were clamoring for money, and
l took it that he referred to us select
men, and by the sums $4,000, $1,000 and
$1,000 connected with my initials q. r.
Nd thought he referred to me-"
Now why did you not carry out
your intention to expose this mining
deal?"
He talked to me and explained that
there was nothing in the letters to
show that he ever paid me anything.
1 got cooler and thought that Hayken
was a prosecuted man, and l took sides
with the fellow right along. l was so
incensed at the selectmen and White
more that 1 would have taken sides
with anyone against them, and when
he told me he had returned the money
to his house it Gained me down and 1
let it go.
80 he cooled you DOWN."
Yes, and 1 had a talk with Judge
Loofbourow and let the matter rest.
You were satisfied to let your good
name stand besmirched by those let
tiers at that time?"
II probably ought not to have done
so, burt 1 did"
You concluded there was not very
much in those letters that affected
you?"
mo, thought there was good deal,
but l concluded the moment for max
ing my explanation had passed.
Mr. Varian then called witness at
tention to the parts of the letters which
reflected most on him, and witness said
he was not content to let the mat
ter rest, but did so for the time being.
Then you turned round and defend
ed Hayken all you could?"
Yes, 1 helped him as far as I
could
When Hayken was on trial you took
a great interest in helping him?"
Yes"
Had you no other interest burt to
help Hayken?"
81 knew that in helping Hayken 1
was helping myself, for if he was con-
victed of bribing it would be a ref1ec-
ton on me-"
Did you not have a self-interest in
keeping the witnesses against Hayken
away?"
yes, to some extent, but those wit
nesses were not against me-
''You were particularly interested in
keeping Floessler and Stratton away?"
Yes, to help Hayken out; they were
not witnesses against me-"
DOES NOT LIKE WHITTEMORE.
did you want them kept away solely
so that they would not perjure them
selves?"
I knew that Whnttenrore and the
prosecution would buy testimony and
was told Stratton and Floessier knew
nothing unless it was perjured testi-
mony."
you have a strong feeling against
Whittemore?"
Il have, and 1 will never get over
it, l knew that he had paid l.. G. Da-
Wis 81, 800 to perjure himself, and l know
he did it, and 1 know that he who
stopped to obtain perjured testimony
and paid to have the letters stolen
would stop at nothing"
Ill rryl,i
get through talking about Whittemore
and then go on with the examination.
Say all you want to say about him, and
get your mind relieved.
you Thought there was nothing in
these letters which would justify
public prosecutor in sitting out this
matter?' resumed Mr.. Varian, after
the above remarks.
1T is the manner he got the letters
that 1 did not like"
who were the ungodly conspirators
you referred to in your letter to Hay
ken?"
"Whittemore and the gang, and you
were one of them, because YOU had
been working on the case for weeks.
and then when 1 wanted some papers
you had about the matter you turned
your hack on me and said you knew
nothing about it,
Here the discussion between witness
and counsel waxed very warm, when
Judge Rolapp interfered, and requested
that order and decorum be maintained.
Mr. Varian addressing the witness)--
I will hold you down to The l-vel CT an
ordinary witness. 1 have given you
too much latitude already. Have you
any feeling against me for the part I
have taken in this nrOSpnufiOD2
No, none whatever"