Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-28
A Street Contractor Admits Pay
inu Four Hundred Dollars
To Maestretti.
BOARD OF WORKS PRESIDENT.
TaIesnan Blanchard Said He
Was the Only Man That
Ever Held Him Up.
Incident Created a Stir and Judge
Dnnne Threatened TO Send Atty Bar
rett 10 Jail for Contempt OF Court.

san Francisco, May 2S.r~Prior to the
resumption this morning of the Schmltz
trial in Judge Dunne's court. Atty. Sizes
singer appeared for Theodore v. IIalsey,
Of the Pacific States Telephone & Tele-
graph company in the matter of the ad-
dtional indictment returned against
him by the grand jury last Friday,
charging the bribary of superior. Mr.,
slcssnger stated that Attys. n. NJ. Del
mas. w. p. Humphrey and himself
would defend Halsey and asked that the
name of Mr. Demas be entered as one
of the attorneys Of record FOR the de-
PENDANT, He said Halsey was In court
ready for arraignment on this indict-
ment: but through a clerical error the
case had not been entered on the calen-
dar SO the arralgnment was set for to-
morrow morning at 10 O'Clock.
IN order to allow Mr.. Delmas To eN7
anime the ten indictments previously
returned against lialsey aud the trans
cribed testimony before the grand Jury
aryaignment on these counts was post
poued until Saturday, June l.
OF the 80 venircmen summoned into
court for the completion Of the Schmitz
juiy-eight jurors already having been
sworn TO try the case-il answered the
clerks roll call, nine were absent, 25 Of
fercd excuses 10 the court and We're al
lowed Ia depart, leaving l6 men trom
whom TO select -four jurors TO complete
the panel.
Peter j. Winnegar. Eugene Cassery,
J. r. Blanchard and l.. :, Bachman
were called TO the box for examination
as To their fitness 10 serve.
Winnegar, n retail liquor merchant,
said he knew the mayor very Wen and
that his relations with him were very
pleasant He doubted that he could be
an IMPARTIAL juror. He was excused
on d challenge by the prosecution.
Casserly, a wholesale liquor dealer.
had formed an opinion on the guilt or
innocence ofSchmitz and did not believe
h. could properly try the case. The
prosecution challenged him and he
stood aside.
An exciting incident that led TO n
threat by Judge Dunno to send Atty
John j. Barrett of the defense to jail for
contempt occurred during the eXamina-
ton by Asst. Dist Atty, Heney Of
Talesman j, r. Blanchard, a street
contractor.
Blanchard. after declaring that he
had formed no opinion IN the case, stat
Gu lUul ne HdU bNllt q Hi'tsAl h'-dA VI
street work for the city under contracts
let by bid, and other contracts let pri-
Vaiely that he was now engaged in a
small private contract under direction
Of the board Of public works and that
his relations with President Duffy, Of
the board. are quite pleasant"
Did you ever pay a $500 commission
Tor the collection of one of your claims
against the city after IT had been held
up by the board OF public works?" de-
manded Heney,
Blanchard started TO parry the ques-
ton when Chief Counsel Campbell OF
The defense objected to The question as
not tending to show the Jurors state Of
mind The objection was overruled,
Wen, not recently said Blanchard.
How long ago."
well, ] paid it TO Maestretti.
oh. you did? And when"
Well, II was about year and half
ago--iust after the fire
Frank Maestrctt was AT that time
president of the board of public works
lie was later removed by the mayor
And did YOU" demanded Honey 20
10 NE mayor and complain Of this hold
up?'
Il tried ia gee him" replied Blan-
chard' Il went 10 his office half dozen
Tunes, but ] never could ind him.
Maeslretu was the only man that ever
held me up"
Did you make any effort, Mr. Blan-
cElrd. 10 lay this matter before the
Grand jury and have Macsucui pun
lshcd for his crime" pursued Hcncy
Atty. Barrett spIang to his feet
We object 10 that question he
cried "Maestrotti is Il member of this
prosecution and"
Henoy jumped 10 his feet his face
red with anger.
That's false, Mr.. Barrett he shout
ed. and YOU know it,
ITS not false. and when you say Il
Us. you are falslfying," retorted Bar
rctt holly.
MI Barrett" said Judge Dunno,
hitching his chair forward 20 a s TO peer
over his desk IN the pulpit at the at
torney for the defense III you inter-
rupt counsel again like that ] will send
YOU 10 Jail
Barrett started 10 protest that he
had right To be heard with his clients
interest but Judge Dunno cut him
short With curt order to be seated.
Then Judge Dunno turned TO Mr..
Campbell and said:
Mr. Campbell, II you are going TO
conduct this case l want you to do IL
nlone This court will not suffer any
further interference by associate ooun-
sci, ! make the same ruling with re-
gard to the prosecution. one attorney
must speak for each side"
Former Judge Feirall, OF the defense,
resented the courts iemarlIs, demand
ing 10 Know whether any llnpuldtlon
was meant against himself Judge
Dunno replied
II have made a ruling Mr., Fairall, w
Then | except TO The remarks of the
court as being improper" Fairall re-
Joined.
Didn't you." asked Heney, resum-
Ing the interrupted examination Of
Blanchard, consider that the mayor
controlled the board az public works ~
Blanchard replied thai he hardly
had thought co.
Do you mean 10 tell mo" HencY cN-
claimed chat you do not know right
now that the mayor holds the power of
removal over the members OF the board
or public works? Don't you know as a
contractor frequently employed by the
city as, IN fact, an employe OF the city,
that you are not a 1T person to SIT on
trial OF the mayor
well said Blanchard, u suppose
the mayor does have a good Bit Of in
fluonce with the works board, bur 7
don't see why | wouldn't be- fair
Juror"
I'VE challenge this Juror" said Hen
eN with great SHOW vi spirit. on the