The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-04-29
THE LETTERS
INTRODUCED
Continued from page u


duction is compulsory, wrongful, with
out the consent and against the objec-
ton Of the defendant and addressee.
Second-The use intended to be made
by their Introduction is compulsory
and against the objection of the de-
PENDANT and the receiver of the letters.
Third-These private letters were OBJ
tanned wrongfully, tortuously, by
larceny and not with the knowledge
and consent of the defendant who was
the writer, or of the receiver of the
letters.
Fourth-Their admission would be
compelling the defendant to be wit
ness against himself in violation of his
constitutional right.
F'ifth-There is no process by which
the prosecution could lawfully obtain
them and their possession is tortuous
and wrongful
Sixth-At this time the letters are
incompetent because if they contain
anything it is the mere declarations of
the defendant and they are not COM
petent TO prove the res gestae.
Seventh-They are incompetent be-
fore any testimony has been introduced
10 prove the alleged crime
Counsel then stated that the defense
had evidence to prove that the letters
were wrongfully in possession of the
prosecution and gave notice that he
would ask leave to introduce it.
Judge Dey then proceeded with his
argument or the points stated above.
County Attorney Whittemore re-
piled to Judge Dey's arguments and
the latter made some closing remarks
concluding with an offer to prove that
Mr.. Whittemore went to Chicago and
arranged with some one to steal the
letters in question from Andrews &
Co. and that said person did actually
steal them
Mr. Whittemore objected to the intro
duct:on of this testimony and the OBJ
lection was sustained
LETTERS ADMITTED.
His honor then ruled on the objec-
ton Of the defendants counsel 10 the
Introduction of the letters, stating that
without knowing what the cortents of
the letters were the court could not
rule specifically on the point he would
however, override the general objec-
tion and when the letters were intro
duced separately wo ID hear specific
objections.
The first one offered was dated June
20, 1893, and was ruled. out as ir-
relevant
The letter of June &c, 1893, was al
lowed to go in. 1t related to the pend
ing contract for furniture and request
ed that the firm send the writer, Hay
ken, an order for such an amount of
money as they might consider neces-
stry to be used in working the county
and city committee. 1T may not be
necessary to use any, but 1 will not
throw any money away the letter
concluded.
Letter of September said 1.-TWO of
the county commissioners will be in
Chicago inside of ten days and 1 have
taken pains to invite them to call on
you as expect to be there about that
time. l have no doubt but matters
can be arranged there, securely set
tied, particulars l prefer to explain
personally; perhaps 1 may be per-
mitted to mention that the county part
of building viii be settled separately
from city part and possibly very soon,
as the present commissioners may be
changed on the next election. The
architects, Proudfoot & Bird, you may
consider as very friendly to you and
in fact will use every effort on your be-
half
Letter of January %. 1894, read:
Your favor of 18th instant duly re-
ceived and contents noted. Your kind
objection and suggestion that the per-
centage stated would be altogether too
steep, especially when applied to com
mon articles of furniture such as
chairs, etc, l anticipated and have al
ready guarded against wherever ex-
pediept and added TO them only such
a percentage as to avoid all possible
objections from Whatever source. Of
course l fully admit the greedy pro-
pensbti6s of our friends. but since
the objects of a rake Off are nearing
the end perhaps, as is generally the
case, they make hay while the sun
shines. l shall carefully and judicious-
~ arrange for any and all apparent adj
dition and division and be strictly
governed by your orders in general"
NOT IN IT.
BY reliable information received
one of the commissioners (Cahoon) is
strictly honest, not in it as 1T were
and yet open tc be benefited Indirect
~ For instance, he and his brother
ln-law, H. Haines, have built and own
a small opera house at Murray and viii
need some setrees. Haines will call to
see me about il, and of course .our
trends desire me to give to him away
Gown hgure and to deduct from the
percentage the cost of the seutees so
win quasi have c. get his share. which
is really to be admired. In fact this
Is the expression one made TO me-
even II we are a lot OF rascals
we yet admire an honest man,
II VIII not be necessary to acouaint
you with all the devilish little
ms and outs going on but the sole oh
Ject OF my efforts shall be to get the
lull Nalue OF 1t and to secure for your
company this job in q most workman
Ike manner and in fact to also
strengthen your hold upon all +ba en-
ture prospects OF the surely to be bnilt
capltoI here. l expect on tomorrow 10
nave the nnal acceptance of the floor
plans and schedule as made m and
submitted by me and shall then soon
make the prices fit and settle that mart
and promptly report the result to Won.
You of course understand that
the consideration includes the sure
thing for city part also.
AS regards Dwyer, you are aware
that no assistance is necessary from
him; the main object of mine is TO hold
them quiet and 1 thought it best to ask
you to do so.
Perhaps, yet unjustly so, 1 NAV
have appeared in my letter TO Mr.. Fred
a Cary. as seemingly impertinent by
ASKING Tor larger remittance than at
that time sent me, if you will kindly
place yourself in the position you will
find excuse for my feelings; yet in no
wise, beg to state. have or do / at
tempt TO be fresh
Letter of February 2, 1894, reads in |
part; Contrary to your interest or pos |
sible loss from fine deals have to be |
contaminated to reach the object. For
instance, to receive, dead sure Alder |
man j. M. Watson of city building /
committee (once doubtful who is a |
dealer in marble and tile. I succeeded !