The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-11-29

Utah Fuel company had grazing lan6
on which it pastured its ANIMALS, o1
that they had taken up timber lands
He had reported n timber trespass In
1900 and Judgment was rendered 1or
$4,000. The witness also stated he was
reinstatcd at the request of Senator
Sutherland.
Mr.. Marchand-Is that State Sen
ator7
Witness-united States Senator. Ho
was Senator-elect at that time,
AT this stage Mr.. Thomas. of counsel
for the government, asked that w. ID.
Foster, secretary To Robert Forester,
and Frank b. Cook, alleged To have
been employed in some of the alleged
land frauds, be excused rs they were
TO appear before the grand jury.
Mr.. Allison then arose and said that
II. G. Williams, manager of the Utah
Fuel company, was present ut the re-
mission and was prepared to testify,
Mr. Marchand-Have you any evil
dence of that, Mr.. Allsong
Mr.. Allison have such informa-
tion as to believe it is n fact and [
state it on my honor as practitioner.
Would Not Immune Williams.
Mr.. Marchand-We have not tho
slightest intention of immuning Mr..
Williams by calling him ms a witness.
Mr., Allison said he was rendered as
a witness, He had been requested by
long distance telephone from Wash.
ington TO New York. He had been re-
quested by Chairman Knapp TO be
present. Mr.. Allison said he had been
requested to make the statement To
the commissioner making the investi-
CATION.
Mr.. Marchand-We ask to have
Mr.. Williams excused as II witness, for
the reason that we do not wish to have
him immuncd
Commissioner Clark-The commits
sioner who is now here making this
investigation is not in n position to
know as to what the attorney repre-
sentlng the Government expects to
prove, nor as to what might be ex-
pected from Mr.. Williams, nor as to
whether or not he is entitled to hear
him as witness, and thus grant him
immunity. The commissioner is not
definitely advised as to what the chair
man may have requested. and he
does not feel bound by such informal
invitation as the chairman NAV have
extended on what little information
he has; and unless the attorneys de-
sire TO have Mr.. Williams we will not
hear him as witness.
Mr.. Williams was. accordingly, ex-
cused
Michael Meyendorff, special agent.
was again called to the stand Before
he commenced his testimony Mr.
Marchand read the following telegram:
PORTLAND. Or, Nov. %, looe.-Your mes
sage received Wire me without delny
whether you gave testimony concerning every
point mentioned in your long affidavit dated
November 10; also state eHnctly what portions
OF your evidence were allowed TO stand and
why certains parts were ruled out This is
important; also advise me " II is advisable
for you 10 remain there even three days or
longer: Do not fail 10 answer this telegram
Immediately upon It's receipt and make your
answer as long as necessary. The secretary
expects good results from your evidence be
lore the commission: Fail In nothing:
r. b.. NEWHAUSEN,
Special Inspector Interior Dept.
Mr. Marchand explained that the
above telegram was in response to one
sent by Mr.. Mcyendorfr on Tuesday
night, and that Mr.. Newhausen was |
close to the Secretary of the Interior |
Mr.. Marchand produced an affidavit !
made by Mr., Meyendorff, which the wit !
ness identified, and which covered some |
of the testimony given the previous |
day
Mr.. Williams and Mr. Allison both
obJccted TO the reading Of the affidavit, |
but Commissioner Clark overruled the |
objections
Mr.. Marchand read the affidavit, and |
the portion which Mr.. Meyendorff was
not allowed to testify TO on Tuesday |
is as follows:
What Affidavit Says.
Among the agents In Colorado was one Mr.
n. j. o Brien. who was likewise stationed at
Denver. and who nominally came under my
direction and control, and who was acting
such special agent al Denver when / arrived
there I son learned that Mr.. o Brien was
3 Wyoming man. and that Mr.. oBrien was
qr tuna tha hnn lo cCtl
league In the service OF the State nj Wyo-
ming. and the personal friend Of the commits
sioner. and that Mr.. oBrieu In frequent
IN dconfdential correspondence with Mr. Ma |
cy, chief clerk OF the Genera! Land office
| soon also learned that Mr. O'Brien further
more corresponded with Hon. Francis E
Warren, United SJotes Senator for Wyoming |
| also soon discovered that Nr. O'BrIcn's |
opinion guided the opinions OF the commits
sioner's office In matters relating 10 work I'm |
The State of Colorado. II was not agreeable |
20 Mr.. o Brien for me to guide or direct his
movements rto keep trace OF them, for |
loe reason that his movements would not
compare favorably with the movements Of |
other agents In Colorado In respect to the
amount Of work accomplished or the manner
of doing The same. Mr.. o Brien special |
svorite OF the commissioners office. 7 state
this because on not less than two occasions
ne was relieved from duty as special agent
carrying o subsistence OF 81 a day. and there
after detailed TO work as a special agent
special details. with Increased subsistence OF |
i5 day. covered period from several weeks
10 several months at a time.
Senatorship at Stake.
Mr.. O'Brien made repeated requests to turn
Ihese Investigations over TO him. His efforts
.erc strenuous. The efforts employed are
Illustrated by the fact that Mr.. O'Brlen in
'ormed me that upon the result of this coal
end investigation depended the election OF |
United States Senator Clark of Wyoming and
Hr. O'Brien further informed me that SEN
ttor Warren was very much interested in the
election OF Senator Clark That as Mr.
o'Brien stated 10 me. he himself was n Wyo-
ming man. With many friends in that State
md tha, II / would afford him the detail TO /
investigate in Wyoming he could help the
election: that II I should go there myself
would injure the chances. and Mr.. OBrien
implied strongly that ] would experience off,
,lal disfayor IL / undertook a personal In
restigatlon in that State Mr. O'Brien find
Dg that his efforts used failed 10 turn me
rom my determination TO act in the matter
lloue. as determined in the interview with
ar. Smith. Induced Mr. G. l.. Hcndershot
mother special agent under my charge sta
,ioDed AT Pueblo. Colo. 10 see me In regard
% this investigation Mr.. IIendcrshot came
o see me and In behalf OF Mr.. OBrlen used
The Same arguments as referred TO above and
ts were used by Mr.. O'Brien himsclf with
| further additional suggestion that II would |
,e unsafe fer me TO buck Senators and such
big corporations MS tho Union Pacific Railroad
company and that II would certainly be bci-
HHr fDr fNNn to le,..z ~.