Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-21
ludoe Powers Charges State
With Attempt to Wreck
Continental.
ATTY. CHRISTENSEN RESENTS.
Declares That His Office is and
Has Been Working in Abso.
lutte Good Faith.
rilt Came When State Asked for POST
poncment--Judgc Dichl Objects
10 "PiecemcaI' Procedure.

10 "Piecemcal' Procedure
There was a sharp clash at arms in
,he criminal division Of the city court
before Judge Dlehl at noon today. be-
tween Judge Powers, counsel for Hiram
Tyree, manager of the Continental Life
Insurance & Invetment company, and
county Atty. Christensen, representing
the state.
Both lawyers faced each other for
some moments in a spirited combat Of
words. The incident arose when Asst.
County Atty. job Lyon asked for a
further continuation Of the case until
Friday next Judge Powers was on his
feet In an instant and protested strong
y against the granting of the request,
declaring with much earnestness that
the criminal prosecution of Tyree cut
but a small figure in the case, as COM
pared with the tens Of thousands OF
dollars which he said were at stake.
Many people, he commended. were finan-
fly interested in the company, which
was being wrecked by the course Of
procedure and delay outlined by the
representatives. OF the state,
CHARGE Is RESENTED.
This charge County Atty. Christensen
denied with warmth and feeling, aver
ring that his Office was acting in abso-
lutte good faith and that he
therefore most emphatlcally re-
sented the inslnuation Of Judge
Powers that The state was In
the bank wrecking business or that IL
vas pursuing Mr.. ryree or his COM
igny in any but a legitimate way.
JUDGE POWERS EXPLAINS.
Then Judge Powers again address,
ed the court, saying that he wanted
to formally all emphatically OBJECT
10 having the cross-examination OF
Col George Il. Squires. of the Office Of
Secretary Of State Tngey, who was
then on the stand, broken into.
MUST BE NO piece MEAL"
Judge Diehl in commenting upon the
question Of the asked for delay by the
county attorneys Office, said that the
court would take an intermissloE until
1880, at which time the case would
be resumed for the purpose of permit
ting Judge Powers to continue and
conclude tie cross-examination Of Col
squres Judge Dlehl also said that il
he granted the request for another
delay In the case, 1t would be with the
Specific understanding that there was
10 be no more piece meal" procedure
and that the case must go on on its
merits,
BRUSH ABOUT WITNESSES.
When the case was called MIR. Lyon
asked that the witnesses for the state
be sworn, among these he mentioned
the name of Cameron c. Wylie. Judge
Powers objected to the swearing in of
Mr. Wylie on the ground that
no is one of the defendants
In the case. and that the prose-
tution had no right whatever to call
attendant to the stand. Mr.. Lyon
withdrew his request.
SECRETARY TINGEY FIRST.
Charles S, Tingey. secretary OF state
and eX-officio commissioner of insur.
Ance was the first witness called. lie
was asked by Mr. LYON to state what
took place in his office between himself
and the defendants on the 3lst day of
January 1905.
Judge Powers objected TO the witness
answering the question. He also object
ed 10 the introduction of any testimony
in the case, on the ground that there
was no publio offense charged I'm the
complaint. The court oyerrliled the oh
lection and an exception was noted by
the defense.
-
rii'iNp VI a hEfoi9l'
Answering the a,lestion tho vituasa
said that on the date I'm question. Mr..
Tyree and Mr. Wylie came 10 hIs office
, a,,n asNea 20 ne certain report OF the
ment company, for the year 1904. The
document was duly sworn to and filed,
The witness identified certain paper
handed him by Mr.. Lyon, as being the
report In question. and certified copy of
The same was offered In evidence,
Roo1yErr,urpo rr,crn,oNv
'N' n i'h'' Emo r'0 i'i'Ni'
William II. Cunningham testified thnt
he was employed as a bookkeeper for
the Continental Life Insurance com
pany from its organization until about
January 10. 1905 The witness identl-
fed certain books OF account kent by
him during his incumbency, and these
We're offered In evidence.
u,pnN,o ,reo