The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-28

DeIOre the jury Dy legaa testimony
z Yes, sir.
Mr.. Dickson-Suppose the case was
being tried without q jury?
Mr.. Evans-I admit that would be
t the rule without a jury.
If it was being tried without jury,
then. you would determine the fact and
the law? 1 would permit it then.
Mr.. Dicllson-These gentlemen are
judges Of the fact and the law.
REPRESENTATIVE CUMMINGS.
Horace Cummings, called and sworn.
| Examined by Mr.. Van Colt:
You are a member of this legislature.
and also of this Investigating commit
tee? Yes, sir.
AS I understood. some information,
that you have been improperly infiu-
| enced with reference to some con-
tracts. Have you any contracts with
anybody connected with this case? No,
sir
Have you any contracts with Mr.. Nc
{ Cune? No, sir.
Have you any contracts with any
body, or anything with reference to
this case in any way that you can
mention? Not that 1 know of. l will
say this, that 1 have had q contract
with the Salt Lake City Street Rail-
road company, giving me their adver-
Using franchise. That contract has
expired. l will say that it has been
owned by my brothers and brothers-ln-
law for about twelve years. l will
further say, too, that Mr.. McCune has
at least, that I did not know Mr.. Nc
Cune had any connection with this, or
had I ever seen Mr.. McCune until the
campaign opened.
When did you purchase this contract?
About three weeks ago.
When did it expire? To my best rec
objection, within the last sixty days.
Did you know three years ago when
you purchased this contract, that you
were going to be a member of this leg
isiature, and that Mr.. McCune would
be a senatorial candidate? No, sir.
DISCRIMINATION:
Mr.. EVans-When was it you had this
contract? Three years ago.
How long did it continue? 1t was
continued two years and a half, some
thing like that.
When did it expire? 1t expired
think last month.
What time last month? I do not
know; some time during the month of
January; the latter part of the month.
Did you get a renewal of it? No, sir.
1t was simply a contract with the
street railroad company by which you
were entitled to the advertising fran
chise in the cars? Yes, sir; l will say
/ have never seen Mr.. McCune in con-
nection with it, and didn't know that
he was interested or knew that / had
it until this matter was brought up.
You knew he was the principal owner
of that company? Yes, sir; but did not
know that so small an affair as that
had to come before his attention.
Mr.. Van Cott-I understood Mr..
Evans to ask a witness on the stand,
one witness, Senator Whitney, when on
the stand, if it was not a fact that
while he had been sitting on this COM
mittee he had been voting for Mr.. Nc
Cune, and he said yes. And I asked
about some other gentlemen, too, and,
Mr.. Evans, you said, We'll, they have
not been voting for McCune, have
they" and l do not know what legiti-
mate inference one could draw except
that
Cummings-A member of the present
legislature certainly thought it was the
height of cheek and presumption OF
those who were continuing to vote for
Mr.. McCune, Of this committee. L wish
to say in my behalf, that I lave never
felt the least obligation of any name or
nature to cast a single vote for Mr..
McCune, except that I thought he was
the best candidate, until was appoint
ed on this committee. and now l do
feel under obligation to vote for him
until his guilt is proven. If I should
now go up and change my vote with
out giving an explanation, 1 hold it
would cast, in the public mind, a refiec-
1 ton on Mr.. McCune.
Mr. Dickson-I wish to offer in evil
dence Representative Laws speech on
the floor.
LAW AGAIN RECALLED.
Albert A Law. being recalled in be-
half of the defense, testified as follows:
Examined by Mr.. Dickson.
Law, when did you first determine
/ when did it first occur TO you that you
would deliver this speech or any SINH
lar speech? This speech that you have
just offered in evidence?
Yes, sir Well, it was some time be-
tween II and y O'clock.
Never thought of it before then? No,
sir.
DO you know what time it was when
you parted from Mr.. McCune that
morning? Yes, sir.
What time was it? 1 know approx
imateiy the time.
What? 1t must have been about a
quarter to II.
A quarter to IL? And of course prior
/ to the time you left him you had not
told anybody what had taken place
and what you were going to do? No,
sir.
You had not told anybody up to that
time you were going to make a speech?
No, sir.
Such as you did make? Where did
you gO-whaL time was it you left the
police headquarters, or that portion of
the police headquarters that was To-
/ Gated in the Jenkins block? 1t must
nave been nearer Il o'clock.
Quite II, wasn't it? 1t may have
been Il.
Where did you go then? went down
to Mr. Smith s-AIr. Johnson's rooms.
In the Knutsford? No, sir.
Where? Across the street from the
Knutsford.
Had you not met Mr.. McCune that
Saturday morning or had he not met
you, you would have made no speech
like this or any charges?
Mr.. EVans-How is that?
If you had not met Mr.. McCune on
| Saturday morning, was it your inten-
ton to have made any charges? No,
] sir.
Mr.. EVans-Wny not?
There would have been none to make.
Mr. Dickson-What?
( There would have been no direct
/ charge of bribery to make.
Mr. Evans-Anything else before that
was simply suggestions offered?
Yes. sir.
AIR. Dickson-There was a direct Of
/ fer 10 bribe you, according to your
! testimony on Tuesday evening, wasn't
there?
! Yes. sir.
Questioned by Mr.. Evans:
There is one question: don't know
whether it is proper just now or not:
/ Did YOU call Mir. McCune's attention to
where your rooms were when you were
talking TO him in the drug store? Yes,