The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-04-29

mencement of the Hayken trial yes
terday morning, owing to several wit
resses for the prosecution being late.
The court assembled at $3.50 O'clock,
half an hour earlier than usual, and
this arrangement not being under
stood by some of the witnesses account
ed for their hardness.
T The sensation of the day was the Of
fering in evidence of the original let
tiers WRITTEN from Salt Lake by Hay
ken to Andrews & Co. at Chicago. The
defense did not expect that the origi-
nal letters would be offered and were
prepared to combat the introduction OF
the photographs of the originals, which
it was known the county attorney mad
obtained. 1t was therefore in the nature
of body blow when the originals were
presented.
The Theory of the defense was that
the originals had been stolen from
Andrews & Co.'S office by the CONN.,
vance of the county attorney, and that
the prosecution would not dare to pre-
sent them, but would offer the photo
graphs, and these, according TO the
rules of evidence, the defense relied on
having excluded.
The defendant S counsel made fight
to have the originals excluded, but TINS
was overruled, Judge Hiles hof0-ng
that so much of them as were appll-
cable to the subject matter of the in
dictment was competent evidence.
THE PROCEEDINGS.
When court met County Attorney
Whfttemore read to the jury the two
contracts for the furniture between
Andrews & Co. and Salt Lake county,
one bearing date of March 6, 1894,
amounting to $4,000, the other, May Z,
1894, amounting to $20,973.S5. Both were
signed by the three eX-selectmen, Bam-
berger, Morris and Cahoon on behalf Of
the county. Assistant County Attorney
Nye then read the specifications or at
least a part of them. It was long,
wearisome document, and after Mr.
Nye had for half an hour laboriouSly
read minute descriptions of THE kind of
furniture which was to be supplied,
how 1T was to be put '-ogether, and
great deal of similar minutae, Judge
Hiles inquired of the county attorney
where the maiteriality of these details
came in. Mr. Whittemore attempted to
explain, but further reading of the de-
tails was dispensed with.
EX-COUNTY CLERK MELOY.
H. V. Meloy, ex-county clerk, recall
ed, in reply to Mr.. Whittemore, said
he was familiar with the handwriting
of Mr.. Hayken. Shown a large bundle
of letters, the originals of those writ
ten by Hayken to Andrews & Co., the
photographs of which were exhibited
frequently by the county attorney, the
witness said he believed they were in
the handwriting of Martin Hayken.
r. R. Andrews, also identified the
letters as being in the handwriting of
Hayken, with which he said he was ia
miliar.
ARTHUR FLOESSLER'S STORY.
Arthur NJ. FEoessler, a young man,
said he worked in Andrews & Co. s in
Chicago as mail clerk for about five
years, and up ITO October 4, 1895. His
duty was to file all letters received,
mail letters, etc. Had known Hayken
for four years. Shown the bundle of
letters he said he had seen them in
Andrews & Co.'S office; they we're in
the handwriting of Hayken. Witness
had filed some of the letters away
when he worked in Andrews & Co.'S,
but not all of them.
Witness attention was called to GER
tain slips attached to some of the let
ters which slips contained memoranda
which he said was in the handwriting
of Mr.. Carey, Mr.. Hofbrook and Mr..
Blum. The memoranda on the slips
was u. R. M, $4,000; j. R. NJ, 81, 900:
]. R. NJ, $1,000"
]. R. NJ. is presumed to refer to Jo-
seph R. Morris, whom Hayken is
charged with bribing.
ROSS-EXAMINED.
Cross examined by Judge Henderson,
witness said he was 20 years of age.
Had worked in Andrews & Co.'S place
clerk. He also arranged and filed let
tiers received. Was engaged in that
department for about three years. The
letters with slips ard memoranda at
tached witness found in Mr.. Holbrook's
desk. He read the letters and put them
back in the drawer.
WAS it part of your duties to read
the letters?" asked counsel.
NO; I just read them for amuse-
ment.''
was that habit of yours?'
81 used to read Haykens letters be-
cause There were little jokes in them"
Did you file Haykens letters y
mot those with the slips attached
and others that Mr.. Hofbrook said he
didn't want filed l don't know what
happened to them
How do you know anything happen
ed to ithem?"
Il see they are mere now.
.'How did they come here?"
II don't know. never saw them af-
ter I put them back in Holbrooks desk
until now"
..Did any of the members of the An
drews firm ask you about them?"
Eyes, Mr.. Carey said they were miss
ing from the office.
s'when were you subpoenaed to come
here?"
I'm November last"
by whom?"
sMr. Weary"
Did he give you any money!"
az got my ticket from him in No