The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-23

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I lilf to ask Mr.. Evans if he does not
cl%im that WINS was an agent of Mr..
/ MeCune?
( Mr. Evans-"He was discussing the
matter of the allegation.
Mr. Dickson-No. ! am discussing the
fact: l say it is not pretended and has
not been up to this time. either by the
specifications charged or in the re-
maks OF my friend. Mr.. Evans. and il
cannot be truthfully claimed that Mr..
WINS was the agent of Mr.. McCune.
Mr.. Evans-I will answer the ques-
ton now of Mr.. Stewart, with the per-
mission of the committee. l viii like
wise make a supplemental statement in
respect TO my position upon this queS-
ton. l claim that il is a question of
the order of proof. 1t may be that we
viii not be able to connect a link
which we hope to connect in the line
of proof. which we shall offer upon this
particular specification. If we do not
DO that under the rules laid down by
courts of justice, the evidence which
has been received out of its order may
be stricken out.
Mr.. Dickson-That would not be
justice. Mr.. Evans, which you must
concede. It would get it before the
public.
Mr. Evans-There is a good deal in
this world that is not justice and ev-
cry man in this world perhaps does not
get it either.
Mr.. Dickson-You don't want to do
us an injustice?
Mr. Evans-No. sir; do not. want
justice and nothing else. That l fear
is what some people are afraid of.
STEWARDS OBJECTIONS.
Mr.. Stewart-Mr. Chairman, 1 just
want TO make a remark here that while
as a member of the committee l would
desire to see as fair an investigation
as possible and as wide a latitude as
possible, but it seems to me that in
this case if some third party out upon
the street should have come to Mr..
Jackson and made that statement 10
him that it would be clearly improper
to allow the testimony of Mr.. Jackson,
unless he could connect in some way
the chain of authority from Mr. Nc
Cune. through that individual. and it
does appear to me as though the
authority should be established;
whether Mr.. WINS was d representative
of Mr.. McCune. The mere fact that a
third party has made such statement
made by third party. it seems to me
clearly incompetent.
Mr.. Whitney-Unlike Mr.. Stewart
and others present, am not lawyer,
but 1 do feel loath to shut off Mr.
Jackson at this time.
Mr.. Whitney, will say that 1 re
ceived a note this morning from a
friend of Mr.. WINS asking me to use
my influence to defer his examination
until this afternoon as he had not had
time to see his lawyer, and
had forgotten all about it;
but 1 did not think we would
reach Mr.. WINS this morning. SO
there was no harm in il. But l wish to
say that we shut off Mr.. Jackson in the
joint assembly, and 1 rather opposed
him at the time because 1 did not want
the time of the joint assembly con-
sumed. and / favored him coming be-
fore the committee here to make his
statement. rather than consuming the
time of the joint assembly, so l should
hate to take snap judgment on him
and shut him off in both places, so far
as 1 am concerned.
Mr.. Mansfeld-Is It understood that
this witness will be examined now?
The Chairman-NO.
Mr.. Howell move that we allow
him to proceed with the witness.
Mr.. Cummings would like to ask a
question before vote on that matter
I would like to ask this question-that
this seems to me that the status is not
changed in regard to the prospect we
have OF Mr.. WINS being present, and it
seems to me like the competency of the
testimony to be given by Mr.. jackson
depends altogether upon the connection
which should be established between
Mr.. McCune and Mr.. WINS. If Mr..
WINS is a third party and entirely out
of this deal, and says something to Mr..
jackson, it don't seem to me like it
ought to be given now: that Mr.. WINS
is likely to be here any more than he
is likely to be away; it seems 10 me like
this is simply hearsay evidence. and l
would not be in favor of the motion on
that account. But if it can be shown
that there is any connection between
Mr.. McCune and Mr.. WINS. it seems to
me that establishes the competency of