The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-24
DEFENSE FOR M'cUNE.
CContinued from nare 1l

| wish you would give your best recol-
iectlon as to whether you made that
statement in the presence of Mr. Cham
Jackson?
SPOKE FOR JACKSON.
Wen. 1 think it is very .likeIy-I think
it-is very likely that l opened the con-
Nersation with Mr.. Chambers by max
ing that statement that Mr.. jackson
oid not want to be a weather Vane ana
that when he went to kIr. McCune he
wanted to go to him TO stay and would
go to him to stay.
When he went TO him or if he went to
him he would go to him to stay? Yes.
Now, again, / win ask you whether
on reflection you made that remark or
whether Mir. Jackson made 1t at that
time? Well, l think that quite likely
1 opened the conversation with that
remark.
Refreshing your recollection, if You
have al ali, are you able to say this
morning whether Jackson made thai
remark at that time and place: Well,
/ couldn't say. except that he went right
along with the conversation with Mr..
Chambers thereupon.
What is your recollection upon that
this morning, whether Jackson made
that remark at that time ana place?
Well, 1 know positively that one of us
made it, and / an perfectly willing TO
assume l made it.
l don want you TO assume anything
in the world; / want your best recol
lection as to who made it there. l say l
probably opened the conversation with
that remark.
What is your best recollection? That
is my best recollection.
That is your best recollection? Yes
And that you We're the person who
made that instead of Jackson? Yes
Mr.. D:ckson-If You did make the re
mark, it was made in Mr.. Jackson's
hearing, of course? Yes. sir.
. He did not object TO it? No, sir.
Or disaffiIm it in any way? No, sir.
Or say tc Mr.. Chambers, Well, Mr.
WINS is no. authorized to speak for
me-? No. sir
And I do not wish it to be under
stood that Mr.. WINS represents me-
or anything of that kind? No, sir.
Questions by MIR. Sorenson:
Do You recollect of Mr.. Jackson using
that term or making use of that state
ment later IN the conversation? Well,
after Mr. Chambers and Mr.. Jackson
engaged in the conversation, / became
a third rarty, and 1 really didn't keep
close track of the conversation, except
ii was entirely harmonious, and ii was
d mixed conversation: we talked about
Mr. Hearst Of san Francisco, and var
icus oti:el- matters. as you see, tina. had
no connection with this thing at all, so
as tc SAYING what their exact language
was ] couldn't undertake to do it at
, this time, but I think they can both
testify To that fact themselves, and
! nave u clearer recollection that 1 would.
WHAT he UNDERSTOOD.
But jackson gave you to. understand
from the nature of mig remarks and
also perhaps Mr.. Chambers, that in the
AZ -
would not be TO leave him again? That
was my understanding, and l would not
make the statement, of course, If it
We're not so.
Mr.. Evans-That was your under !
standing, but You did not understand /
Jackson said that at that time and
place?
The Witness-No, sir.
Mr. Van Cott-May Mr.. WINS be ex- |
cused?
The Witness-AIay I be excused?
AIR. Dickson-No. not until we set a /
ruling on the testimony OF Hughes.
Mr.. Evans-I do not regard the peck /
etknife illustration as a point n this. /
case. To be prief about il, the distinc- |
ton which I make in that and the par
ticular sense a bar is that Mr.. WINS
was acting Tor McCune. Any statements
which a, person makes when he is act
ing for another are not hearsdy eTi-
miss Bile in court.
Argued b. unset.
Mr.. Cummings would like to ask
Ar. Evans o. WHAT grounds you based
yoUr objection last night
MIR. l1vansO--i did not consent to it.
They consented II 1 consented 10 evil
dence being introduced / cannot be
heard as they are Row being heard be-
fore thi; comr:ittce 10 blow hot and
cold. ! cannot agree that a certain
piece Of testimony may be introduced
before this committee and then when
il is introduced and ] find out that it
hurts the cause which I represent I
cannot then turn around and say I
move to have that stricken from the
record
Argued b. counsel.
Nr. Stewart would just like to
state my position on this question Mr.
Dickson raised the objection yesterday:
/ believe that it was properl raised
ana sil 3uld have been sust aimed. Il was
N.iill.;.-aW1. And when Mr.. Evans be
san % cross. examine. or when Nr. Van
GoIt began To cross-eXaInine the Wit
ness and Mr.. Evans objected. ! believed !
7.lat objection was well taken and l SO
novel Now. it seems TO me that this .
evidence should be stricken out or
counsel for the piaintiff should be per
mitted To go into the same matter on :
cross examination IS was gone into by !
counsel for the complaining witness. ,,
Mr. Whitney-Counsel for the defend
am. McCune
Mr. Stewar.-Yes. ,
Mr. Evans VIII say that is perfect ,
" agreeable to me and ! VIII withdraw Z
the motion / made last night.
M. "'hurlaan-We insist on the mo- r
ton 10 strike out ]
Mr. Stewart wish TO make myself /
cic1r on this pOinc. that I believe the ;
evidence Of Mr. Hughes was incom- ?
potent / think dat the cross-exami- I
nation on that is incompetent and I
think that il ought to be sustained.
dc not believe we are justified in going
into that subj act matter.
Al gued by counsel
ar Stewart-Il order to bring this
before the committee : therefore move 6
that the testimony introduced by Mr. {
Hughes yesterday be stricken out. q.
Mr.. Evans-i Vithdra the objection [
n HIGH ! made yesterday and will offer
Lot to make any objection TO any evil
dence along those lines so as 20 be fair
in this matter. II
Mr. Thunnan--We insist upon the f
molten.
The question on the motion of Mr.
Stewart was then put and carried, M /
Howell voting no
Mr Evans do not know that ] have
any righl To say il. but If / have 1 wiz h
suggest a roll call on that question. I
Mr.. HoweI-Mr. Chairman. 1 would I
ike 10 state my position on this mat
ter or course ] am not lawyer and e
] do not know that ] would be able TO il