Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-28
ACCUSES FoRREsTER.

| Witness also cited a case where he
| wrote TO the commissioner that Robert
| Forester of Salt Lake, geologist for
! +. V. Coal Co, had sworn that certain
lands were coal-bearing lands and two
years later had sworn to an affidavit
| that the lands did not bear coal. Wit
| ness asked that Forester be indicted
for perjury. In response, witness said,
he received reply that facts did not
warrant any prosecution. Witness said
| the lands I'm question were then the
property Of the p. V, Coal Co.
On Jan. 25. 1905. witness was re-
quested TO tender his resignation ef-
fective the following April In re-
| Spouse he wrote to the commissioner
calling attention to the gross laxness
| in probing the coal land scandals In
| Utah. Witness said he received no
reply.
PERJURY WAS CHARGED.
on Dec 8, 1905, witness called the
attention of the commissioner to what
he thought was perjury ON the part
| of Robert Forester and Mary II. Car
| penter and asked that they be indicted
| lie asked for authority to proceed but
received no answer to the letter.
on cross examination by Mr. Al
lison the attorney for the Utah Fuel
company endeaVored to show that
| Col Sewers was an interested witness.
Witness admitted that he had made
the statement that others were getting
the credit for the work he had per-
formed in making this investigation
possible, Mr.. Allison then tried to
get witness TO admit that he knew the
Utah Fuel company owned grazing
lands for the purpose Of feeding live
t,.tt a
considerable surprise that the Utah
Fuel company had gone into tho live
stock business, After a number OF
questions witness stated that he re-
signed when requested but was sub
soquently reinstated at the request of
Senator Sutherland. then counsel for
the Utah Fuel company. He was then
excused
At this iuncture Atty. ". NJ. Allison,
representing the Utah Fuel company,
arose and stated that he desired TO In
form the commission that II. @. Will
liams general manager Of the Utah
Fuel company, was present IN the
courtroom and was ready to testify.
STARTLING ANNOUNCEMENT.
Mr. Allison was Informed by Mr.,
Marchand that the investigation could
proceed without any testimony from
Mr.. Williams.
Then Mr.. Allison stated that the
chairman Of the interstate commerce
commission had expressed desire that
Mr. Williams testify.
This startling announcement created
a visible sensation and brought both
government attorneys to their feet
Have you any evidence to present
to substantate your statement" asked
Mr. Marchand as soon as he had caught
his breath.
II have" said Allison.
Produce IT," said Commissioner
Clark, who was all attention.
Mr.. Allison stated that he had been
Informed by HIS superior officer that
such request had been telephoned
from Washington, d. c.. to headquar-
tiers In New York by the chairman of
the commission. we now tender our
witness" concluded Allison.
1--WE have no intention of calling
hm?" responded Mr., Marchand. with
exceeding politeness.
NO IMMUNITY GRANTED.
Considerable discussion followed be-
tween counsel, and finally Mr.. Mar
chand turned to the commissioner and
said: I'VE ask Mr.. Williams 10 be ex-
cused, as We do not want to grant him
immunity from prosecution"
Commissioner Clark in response said:
"The commission is not definitely in
formed as to the facts IN the case and
accordingly does not feel bound by any
informal invitation TO ask Mr.. Williams
to testify"
Mr.. Williams was accordingly en-
cused. as were W. D. Foster. secretary
to Robert Forester, and Frank Il.
Cook. who is alleged 10 have been a
middle man In the alleged fraudulent
land grabbing on the part of the Utah
Fuel and the p V. Coal companies.
The two latter were excused as they
are to appear before the grand jury
now investigating the frauds.
SENSATIONS SPRUNG.
Michael A. Myendorf. the next Wit
ness, provided the major portion of the
sensations of the session. He started !
out to tell how he had pushed investiga. |
tions OF coal land frauds IN Wyoming /
when he was stationed at Denver. He /
attempted to tell how political pressure |
and corporation power We're brought TO |
bear to quash the special service de-. |
partment TO burn the afiidavts he had /
secured as evidence against the Union |
Pacific. This he had not done, how |
eve..
An attempt TO place some OF these |
affidavlts In evidence on the part OF the |
government was fought tooth and nail |
by Attys. p l.. Williams and +. NJ. |
Allison. They also fought the read. |
ing Of the following telegram which |
had been received by Mr.. Myendorf |
from his superior officer this morning |
and which explained the anxiety OF the |
government attorneys TO again place /
the witness on the stand
THE TELEGRAM,
Portland, Or. Noy. 81 l906,-Your /
message received. Wire me without I
delay whether you gave testimony con- /
corning every point mentioned IN your |
long afiidavit dated Nov. 10. Also state |
exactly what portions OF your evidence I
were allowed TO stand and why GER /
tain parts were ruled out? This is i'm |
portant. Also advise me II II IL advis- I
able for YOU to remain there even three I
days or longer. Do not fail To answer |
this telegram Immediately upon lts re- !
oelpt and make your answer as long as
necessary. The secretary expects good |
results from your evidence before the |
commission. Fail In nothing
(Signed) +. b. NEWHAUSEN.