The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-03

The HaylIen case reached the jury at
twenty-five minutes past noon yester-
day and up TO midnight no word had
been received from them and at that
hour the court went home and the jury
was locked up for the remainder Of the
night. The general expectation now
is that the jury wiA fail to agree upon
a verdict The fact that the jury did
not send word to the court, in all the
twelve hours that they were out before
his honor retired, that they could not
agree leads to the belief that those on
both sides are very stubborn and de-
termined to wear each other out. The
prosecution claims that the jury stands
six for conviction and two for acquit-
tai, while the defense feels confident
that seven are for acquittai and one
for conviction.
The defense also claims and say they
have documentary evidence to prove
that during the coul Sc of the trial an
attempt was made by certain parties
TO influence two members of the jury
to render a verdict of guilty. This will
be fully ventilated when the proper
time comes.
The judges charge, the vital points
of which are given in this report, was
such as to cause both defense and
prosecution TO say they were satisfied
with it,
The judge and attorneys will be in
attendance at 10 o'clock this morning
for the purpose of receiving a verdict
If one should be rendered.
Along in the afternoon fhrea morn Ierc
Of the jury were taken out to lunch
in the charge Of a sworn bailiff, while
five who didn't want to lunch remained
in their room also in charge Of a sworn
bailiff. This separation of the jurors
is urged by sor1e to be good grounds
on which TO base motion for a new
trial if the verdict should be against
the defendant.
JUDGE HENDERSON RESUMES.
At $3.50 o'clock yesterday morning
Judge Henderson resumed his address
TO the jury on behalf of the defendant.
Speaking of Hayken's letters, coun-
sci said they were open to the criti-
cism that Hayken was trying to give
his firm an exaggerated view of the
services he was rendering them in Sc
curing these contracts. Counsel ar
gued that the 20 per cent and other
sums mentioned as a ''rake-off'' was
intended by Hayken as part of his
own remuneration. He called atten-
ton to the fact that the city and the
board of education had paid as high
or even a higher price for the furni-
ture they bought than the county paid
for theirs, and no one would suppose
that the members of the board of edu-
cation, gentlemen of the highest stand
ing, and the members of the city
council We're bought UP by Eayken
like SO many sheep. Counsel further
argued that the testimony of Weary
and Swiney regarding the value of the
furniture was unworthy of credence
while that of Bauman, Crosby and
others, who made dispositions for the
defense. were reliable The prosecu-
ton. counsel held. had failed to fix any
specific time at which the alleged bride
was given; had failed even to show
that money or anything of value had
( ever been given al ALL and were prac-
ideally out of court.
WHITES WEAK MARBLE.
County Attorney Whittemore closed
the case, arguing for the prosecution
that the whole circumstances of the
case fully put before the jury amplv
proved that bribe was given: AT least
on May at the Knutsford parlors.
when the contract was signed. and
probably at the other times when each
of the five appropriations were made
TO Andrews q CO. Counsel reviewed
the Hayken correspondence st length
and then came on to the prices which
had been paid for the furniture. He
compared the figures in the bill of An
drews & Co. with those estimated as
fair value by the experts Weary and
Swiney. Mr.. Whittemore paradsad
chairs. mirrors, etc. before the jury
and argued as a general thing that
d price far beyond its real value had
been paid FOR the county's furniture
He told the jury how he had been
working on the case for over a year:
had been carrying this awful load; and
now was glad that he had arrived at
point where he could dump it on the
jury.
CONTEMPTIBLE FALSEHOOD. 7
Counsel said that the defense had |
taken exception to the Tribune and
The TRIBUNE reporter aiding in the
prosecution, but had failed to register 1
any complaint against The Herald. /
That paper, counsel said, gave special /
prominence to the weak points and
errors Of the prosecution, and this. he
said, was because The Herald had |
been bought by Hayken 4
Counsel concluded his argument nv 7;
asking the jury TO return a verdict of I
guilty and score one in favor of purity /
in governmental affairs
THE JUDGES CHARGE.
Judge lilies then charged the jury,
the most important points being as I
follows.
Testimony has been introduced in this I
case which the government claims
tends to show that the furniture and
fittings were sold by defendant for A.
II. Andrews & Co. to Salt Lake county I
for the joint city and county building
was not worth the amount for which /
1t was so sold, because it is claimed I
that it was worth only SIG, 600 when in
Fact it was put in to the county for
about $4,000.
This evidence was introduced for the (
sole purpose of showing a motive for