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


bride ended at 4:25 o'clock yesterday
afternoon by the jury returning a
verdict of not guilty. This case was
one of the most celebrated causes ever
tried in Utah and was watched with the
keenest interest by the general public.
1t may be said to be the elimination
OF all the furore; excitement and SEN
stations which County Attorney Whit
temore has supplied the public with for
nearly year and half, and the result
is nothing but expense to the public.
Case after case has been tried and in
every one the prosecution has failed.
The result of the present trial, 1t is
generally considered, necessitates the
abandonment of all the other doodle
indictments, as the full force OF the
prosecution, with Martin Hayken. the
central figure in the whole business, as
states evidence, was thrown against
Morris and failed. Even if he had been
convicted it is hardly possible that any
of the Others could have been reached
as the effect of the testimony for the
prosecution in the Morris case was a
practical eXoneration of most OF the
others who stand similarly accused.
The case against Morris was bitterly
fought on both sides. The prosecution
had the advantage of the acknowledged
great ability of Mr.. Varian and he
made a splendid fight aided by the
county attorney and Mr. Nye Judge
Powers conducted the defense alone and
in the whole list Of his brilliant
achievements there is none more brill
liant than the victory he won yesterday
and he was congratulated on all hands.
Judge Rolapp presided throughout
the long and tedious trial in a way
that showed him to be an exceptionally
fine judge and his charge to the jury
which is given in full below, is a mod
ell He has won golden opinions dur
ing the few weeks he has occupied the
bench here. He returned to his own
'bailiwick, as he expressed it, at Og-
den last evening.
MR.. VARIAN'S ADDRESS.
The proceedings opened yesterday
with the closing address to the jury
by Mr.. Varian 1t occupied nearly two
hours and was eloquent, argumenta-
tive and convincing. Mr.. Varian was
not in the best of health. being still
weak from the effects of his recent ILL
ness. but his speech nevertheless was
brilliant one.
He said in part: The defendant is
charged with a grave crime. 1t is true
the people of the state are interested
in the outcome of this trial. but it is
not true that there is any desire on
the part of the prosecution to do any
thing but justice. The chief argument
of the eloquent counsel yesterday af
ternoon was an attack upon the main
witness on which the prosecution relies
for a conviction and it was urged that
this man because he was an acccmplice
could not tell the truth. Counsel and
this defendant had right to make this
attack but YOU, the members of the
jury are men of affairs; you can sift
the testimony and judge of the credi-
bility OF the witness. Truth often comes
through muddy channels. Although
much has been said about the motives
of Martin Hayken in testifying. moth
ing has yet been said of the motives
which moves this defendant to color
his evidence If not to entirely pervert
the truth. ! can imagine that when the
able counsel applied to Hayken the
language used IN the impeachment of
Warren Hastings, he imagined for the
moment that he was in the upper
house of parliament surrounded by the
peers of England but his application
was unfoItuuate-tor Warren Hastings
after a trial lasting seven years was
found innocent and he stands today
canoniZed by the people of England.
Counsels comparison of the defendant
to James G. Blaine, who in the Amer
lean halls of congress stood up and
threw down the gauge of battle to all
the world. was equally fortunate. for
this defendants action was the reverse
of that of James G. Blaine.
SECRET MINING DEAL.
Counsel tten went on to discuss the
improbability of Morris story in regard
to the reasons why he had kept secret
the alleged mining deal and urged that
it was not reasonable that an honest
man should rest under the imputations
cast upon him by the Hayl2en letters.
Instead Of coming out to vindicate his
name however he cooled down" and
did nothing and was apparently salts
fed to let the matter rest and to go
down to a dishonored grave.
In regard to Haykens testimony
counsel said that the prosecution were
required by the statute to corroborate
the testimony of an accomplice by
other testimony tending to prove its
truth, but It was not required that
they establish the charge without the
assistance of an accomplice. else there
would be no need of the accomplice.
1t had not appeared that Hayken came
here as a seducer of men. He came
contract for the furniture His letters
showed that he was a man who was
thoroughly wrapped up in the interests
of the house he was working for. He
wanted to get that contract and about
the first thing that met him was a
question from Morris as to whether the
house had given any instructions about
a percentage. Hayken said he had
heard something about it and men
toned 5 per cent Morris shook his
head, said that wasn't enough and
walked away. Ultimately 20 per cent
was arranged for. There was no con-
troversy over the acceptance of the
furniture; there could be none Hay
ken had bought the right to have the
furniture accepted and it was accepted
CAHOON AND BAMBERGER NOT
IN IT.
With reference to Cahoon, Bamber-
ger and Harry Haynes the defense had
made grand talk to the effect that
an attempt in this case was being made
to pull them down. Such was not
however, the case: they had no place in
This trial and all that Hayken said
about them was that Morris had told
hin, that he (Morris) had to arrange
with them and from that Hayken con-
cluded that Cahcon and Barnberger.
Tyere to get a share of the 90 per cent
referring to the $lso0o put in an en-