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

nave let it pass unnoticed, but wher
you specify certain names 1 certainly
regard II as an imputation. an aspersio1
on those named.
Wen. did it say there was any sus-
plclon on these gentlemen, that you got
sensitive about it2 Yes, sir.
You regard it as an imputatior
against your reputation? Yes, sir, J
uid, because the next day / was asked
II had been accused of accepting q
pLlDe; L said, I have not. They point
cd TO these specifications. I said Mr.
EFans explained, that he did not in
tend that as an aspersion, or it would
nave been better if he had not men
Toned our names. That party regard
ed it as an aspersion
has Mr., McCune ever let you have
money, either as Il loan or favor be-
sloes the times you have mentioned.
ne dld, many years ago, let me have
slVo when 1 was hard up, as the say
ing is.
Did you accept it as a gift? Only as
a loan which l intended to repay if
ever had a chance. That was seven
Years ago.
Did you ever repay it? Nc, sir.
You have a kindly feeling toward the
man? That is what you had reference
TO in your speech on the joint assembly
some time ago; that he had done a
that is il.
Don't you think it is proper that you
should make an eXplanationY Yes; /
am more thar glad that L am called.
There is a runor that you were under
Some obligations here; had some prop
cray mortgased some time ago; is there
any truth in that? Yes, sir
And that those mortgages had been
relieved by loan which Mr. McCune
had extended to you; is there anything
In that? No, sir.
STORY OF A MORTGAGE.
Were not those mortgages paid some
time ago? Not to my knowledge;
have heard they were. / will make a
full statement of that. IN December,
1891, I believe, mOrtgaged my home
in the Eighteenth ward. the premises
known as 1856 Second street, TO the LON
bard Investment company of St. Louis,
for 81, POO. ] carried that mortgage for
several years, paying the interest as 1t
became due, and then increased it TO
$1,000, but transferred the mortgage to
Salt Lake City, and borrowed $4,000
from Elijah Sells, through Glen Miller.
i paid one or TWO payments upon that
mortgage as increased, and in October,
1897, l sold my property TO Mr.. Dan
Spencer of the Oregon Short Line Rail-
road company. He kept the payments
up from that time, but in order to save
expense to me. the mortgage was al
lowed to stand in my name. some
weeks ago Mr.. Spencer informed me
that he mad Cancelled it. and congratu-
lated him. That is all there is OF that.
Mr.. Van CCtt-Do you mean Cancelled
It, or paid it? Paid it. I suppose the
mortgage as Cancelled in the county rec
ords stands in my name.
Mr.. Dickson-Did Mr.. Spencer assume
the payment of the mortgage? Yes, sir.
Mr. Evans7-Was this your home?
Yes. sir.
Did you sell your home to Spencer?
did.
For how much? Here is the amount
The mortgage was for $1,000. Mr.. Spen-
Ger paid the interest on the mortgage,
$50; 50 for preparing papers; $3.50 tax
on the property, and paid me the bal
ence, $295.S0, in cash; IN check. 1t was
more than that; It was $291.S0 and $40.
That is all l realized after he had as
sumeG the mortgage and paid these eX-
penses.
Well, when ne purchased this prop
erty, did you get that amount of
money? He paid me this amount of
money, 1895; about that
And when did he pay that? At the
time Of my sale 10 him, October. 1897.
on what date was this mortgage can
celed and paid? I can't tell that, with
out consulting AIR. Miller. He could
tell, or Mr.. Spencer.
Your best recollecuon-it was 1897,
October? That was the date of the
sale.
When it was paid-the mortgage? 1
am unable to tell. 1t was some weeks
ago; possibly a couple of months ago
that 1 met Mr.. Spencer, and he said,
have paid the mortgage, and / viii send
it TO you. congratulated him. And
that was the end of it. He mentioned
no of baf said / ii
that mortgage.
That mortgage was paid off during
the session of this legislature? I do
not know.
Who is living in the house? Mr..
Spencer.
after he bought it. l should say the
winter of 1878. May be sooner; /
cannot tell exactly.
Mr.. Van Cott-AIr. Evans if there are
others Of the committee whom You
have IN mind as thinking may have
been Influenced, we viii call them to
the stand.
MI. Evans-I don't know anything
about IL only what 1 have heard.
Sorenso3-Let us have what you
have heard
Mr. Evans-It is only a rumor but
will state. simply say that 1 heard Mr..
Cummings had a contract with the
Salt Lake City Street Car company
Mr. Van Cott-We will have Mr.
Cummings called.
Adjourned until $50.
SUPREME JUDGE MINER ON THE
STAND.
Judge James \. Miner, called by Mr.
Evans: Sworn and examined by Mr.
Evans:
You are a member of the supreme
court Of this state? 1 am.
Was you ever upon the bench in the
northern division. the then Fourth dis
trict of Utah? ! was.
Appointed by the president. I be
iieve. and hcsv many years did you
serve? -Four.
DO yea remember during the period
YOU served there. of me among other
lawyers practicing before you? Yes,
sir.
would like to ask you, judge, what
the practice was during the four
years while you were upon the bench
about whether you would permit and
hear hearsay testimony 10 be made,
after it became apparent that it was
immaterial or hearsay, or whether
you would require the questions TO
be ssked.
Objected to by Air. Van Colt as i'm
material and utterly irrelevant to the
issue in this case. Objection over
+-1led-
As a rule 7 think the court required
the question 10 be put to the witness.
And when it was apparent that the
testimony was immaterial or hearsay,
would you permit an offer Of what the
s-.Orney proposed 10 prove on the part
of the witness2 Not generally, al
though ! think perhaps that has been