The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-13


and payable until such time as the
| first party shall prosecute to patent
the said Holland" and Black War
rior" claims; and for such purpose the
said first party shall be given until Dec.
81, 1895. If at such date all necessary
proofs shall have been made, the re-
ceiyer's receipt secured and the said
first party in position to 50 convey the
interest named in said Holland" and
BLACK Warrior" claims and does so
convey the same in conformity to the
stipula5ionS of this instrument, then
the second party shall pay to the party
OF the first part the said balance of
81, 499. If, however, the first party fails
or neglects to secure a United States
patent for the said Holland and
BLACK Warrior" claims the second
party may elect to consider this agree
ment void and of no effect in 50 far
as it relates to the purchase and trans
fer of said claims and snail be under
no obligation to pay TO the first party
the said sum Of $2,499, but thereupon.
to-wit, on the 31st day of December,
1925, the first party shall make and
execute to the second party good and
sufficient miners quit claim deed for
the full one-half interest in and to the
said Francis" mining claim herein
above described.
Be it further understood and agreed
that time is of the essence of this con-
tract and a failure to perform any of
the covenants herein at the time or
times specified, shall work forfeiture
hereof al the election of either Of the
parties hereto.
Witness our hands the day and year
first herein above written.
JOSEPH r. MORRIS,
NJ. A. HAYKEN.
SAYS THE CONTRACT WAS BOGUS.
Where is the mine referred to stu
ated?" asked Mr.. Varian.
In Dugway."
Had you ever been to Dugway?"
Mo-
DO you know anything about min
ing?"
No
Morris?"
WAS there ever any such deal made
as referred TO in the so-calied con-
tract?'
Did Norris say what he wanted the
contract for?''
Yes, he said to protect himself in
case anything happened
Since these prosecutions were in
stituted have you been in correspon-
dence with Morris?'
Yes. l received letters from him
and wrote to him.
Have you discussed the question of
your defense?"
Yes
Had you any advice of Norris COM
ing to Chicago?"
Yes, a dispatch I received from Mr..
Adams
The dispatch was put in evidence as
ken in which he is charged with Civ
ing Norris a bride of $4,000. Judge
Powers objecting and his honor over
ruling the objection.
MOVES TO STRIKE OUT.
Judge Powers then moved to strike
! out all of this testimony on the ground
that it was incompetent, because Hay
! ken was an accomplice with an indict-
ment hanging over his head within
! the power of the prosecution to enforce.
Judge Rolapp overruled the motion.
Prosecution then offered in evidence
the letters written by Morris to Hay
! ken referred to above and they were
admitted over the objection of Judge
| Powers. While the letters were being
read to the jury it became apparent
that that would occupy the balance of
! the afternoon and as Mr. Hayken ap-
| broken limb and quite weary he was
excused until 10 o'clock this morning
| when his examination will be resumed.
A SURPRISE ON 'WHITTEMORE.
The letters presented were admitted
| by the defense to be in The hand writ
| ing of Mr.. Morris. They were exceed
| ingly amusing and everybody seemed
to enjoy them with the exception of
Mr.. Whittemore, who squirmed good
deal at the severe structures laid upon
! him. The prosecution in this case is
in the hands Of Mr.. Varian, the county
attorney being reiegated to a back
sect and he didn't know what the con-
tents of the letters were until he heard
| them read in court He didn't even
know that Hayken had turned states
evidence until he read it in The Her
aid OF Monday morning.
When Mr.. Whittemore was in Chi
cagc playing the role of detective, he
went by the name of Mr. Allen and in
most of Morris letters he is referred
TO as Mr.. Allen.
The letters are as follows:
AFRAID OF sTRATToN.
January IS, 1896.
Mr. Hayken Esq. Chicago, Ill:
My Dear Sir-The courts under the
| new state government nave Deen Or
ganized and the criminal calendar of
Salt Lake county assigned to Judge
! Hiles. Your cases. will surely be called
about the 18th or Goth of next month.
! A continuance will be impossible and
all hands Will have to go to trial on
call. Judge Dey is perfectly satisfied
with the situation, except the I'M
known possibilities of Stratton's testi-
mony You see he can testify to any
/ thing with no possibility of successful
| ly refuting him. Dye quite frequently
! says: THAT man Stratton makes me
I nervous" Only this morning he said
| to me: 1T makes me devilish uneasy
! to think what that man Stratton is
going to be about" If 1 were in your
/ place would make most determined
| effort to keep that fellow away from
! Salt Lake. Make overtures to him on
/ any line-humilfate yourself If neces-
| sary Bring about a meeting if it costs
! you money-he must be kept away
| for if he comes here he will be like
! Satan Re-establfsh the friendship
that formerly existed between you at
| amy cost. Don't delay in this matter,
| but get a move on yourself. You will
remember that l spoke to you in re-
gard to getting receipt from Hol-
brook for moneys you said you re-
| funded to ,hina-not having occasion to
met them. Get his receipt for all such
moneys and have some dated the time
| the moneys were returned to him
! when YOU had the settlement in jan
uary. 1895. These may become very
important and my advise is to attend
to it very promptly. Make no mistake
about this matter. Dye told me what
young Floessler said to you. This be-
ing the case, his presence might do
good, providing he would SO testify.
| T2epa rdS IN Mrs Fl Yours etc.