The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-21
DRIVER AND THE GAS MAINS
CASE HEARD IN POLICE COURT
NOW UNDER AMUSEMENT.
Driver Claims He Is the Owner of the
Pipes and Can Do As He Pleases
With Them.

The trial of H. L. Driver, charged
with obstructing gas mains by the
Union Light & Power company, was
held in police court yesterday and the
case taken under advisement until next
monday. The sensational part of the
case occurred when Assistant County
Attorney Gunter asked Mr. Driver
what was his condition as to sobriety
when he turned off the gas and received
the reply, That's none of your damn
business" The witness later begged
the pardon of the attorney.
For the prosecution appeared Mr..
Gunter and Mr.. Oscar w. MoyIe, while
Judge George F. Goodwin and Judge
E. D. Hoge appeared for the defend
ant
Manager Campbell, of the Union COM
pany. said the gas was turned off at
Third South and West Temple streets
on Feb. IA, and that Driver stated to
him that he turned off the valve. Chief
Pratt said to him that he heard Driver
make the same assertion. On cross-eX-
animation Campbell said he knew of
Drivers claim that he had an attach
ment on the old Salt Lake & Ogden Gas
& Electric Light company, and a judg-
ment had been entered. He also had
erty of the old company had been made
and that Driver claimed the gas mains
were included in the personal property.
He knew that the attorney for the
Union company had gone to the county
building to protest against the sale. Mr..
Campbell testified as to the danger of
shutting off the gas and that closing
the valve at Third South and West
Temple had reduced the pressure % to
80 per cent. since it was one of the prin-
cipal mains of the city. 1t did not shut
off the supply completely as gas could
pass in from lateralS, but the supply
would be insufficient. The witness
didn't know that Driver had served
notice that he would take possession of
the gas mains, but he had heard him
say that he intended to cut the wires.
John Kempf, foreman of the Union
Light & Power company, testified that
shutting off the valve at Third South
and West Temple had reduced the pres
sure all over the city and cut off en-
tirely the supply in the lower part of
the city.
Mr.. Kempf was called as a witness by
Judge George F. Goodwin, who asked
him if he knew if Driver had made
claim of title to the ownership of the
gas mains. Mr.. Gunter for the pros
ecution, objected on the ground that
the court was not trying the question
of title. Judge Goodwin, in support of
the question. said he was undertaking
TO show that Driver shut off the valves
under a claim of right of title and
that it was not done maliciously. Judge
Hoge, for the defense, argued that
criminal intent must be shown. Mr..
Gunter replied by saying that he could
commit a crime under a claim of right
and cited section 444S of the statutes
to show that in reference to the penalty
for obstructing gas mains the word
malicious had been left out to meet
such an emergency as this and that
the word ''wilfully" was used. Judge
Timmony decided to let the witness an
swer the question and the lawyers
could discuss the materiality later The
witness answered that he had known
that Driver made claim of title. He
said he was present when the sheriff /
made a sale to Driver of the property
of the Salt Lake & ogden Gas & Elec- /
trio Light company. He didn't remem-
Der what property was included or if /
the sheriff read that the distributing |
system was included in the sale. Dri- |
yer had said a number of times that he |
had bought the property of the old COM |
pany and was going to use it, claim |
ing the gas distributing system as a |
part of that sale. Witness said the |
Union Light & Power company claim I
ed the system and had possession of it. /
DRIVERS STORY.
Upon taking the stand Mr.. Driver ex-
hibited the deed which he had secured /
from the sheriff and it was read to /
show that the property sold included |
q, 12O feet of gas mains. He said ne /
told representatives of the company .
that he intended to take possession of
the pipe system and poles if they didn't /
pay the debt due him. He recited the /
of shutting off twelve
valves on the morning of Feb. Il, and
the trouble which ensued at Third
South and West Temple, until the
Union people secured possession. He
took the step, he said, because it was
his property and he had a deed for it.
He had notified the cOmpany's attorney
on the Monday previous that he in
tended to take it, and that the attor-
ney asked him to wait in view of a
but finally stated that he
couldn't ask him to wait any longer.
On cross-examination Mr.. Driver said
ne told Campbell he was tired of wait
ing for money and was going to turn
off the gas and cut the wires. AS to
the effects of closing the mains, he said
ne knew it would cut off the gas from
the city, but did not know what other
effect it would have.
Did you say. I don't know what
NOulu De lIt cllttl anu Qilll give d
lamn?' asked Mr. Gunter.'
mo, I didn't" was the reply.
You We're feeling pretty good that
lay. We're you not"
No, l was not"
What was your condition as to So
oriety?"
That's none of your damn business
Mr.. Driver holly, but quick
y recovering, said, L beg your par
Ion"
He claimed to have been perfectly
sober.
Upon leaving the stand he muttered
some inaudible words which appeared
% be a threat at Gunter, who retorted,
We'll, what are you going to do about
to"
After some authorities were read by
he attorneys, the court took the case
lnder advisement until next Monday.
"BR0KEN-HEARTED" PARTIES.