Weekly journal-miner., 1914-09-23
NOTED CASE STOPS ON
 SNAC
From Wednesdays DailyD

cy by the presentation tor payment of alleged fradulent claims, again came to a sudden stop, the jury was taken from the room and the at torneys in the case made lengthy arguments pro and con concerning the admisibility of oral evidence on the part of members Of the board Of supervisors with reference to or ders they are alleged to have given Clark concerning the payment of cooks at his boarding camps out Of the country treasury. And after the arguments had been submitted, including the citation Of numerous authorities on both sides. Judge Cooper adjourned the session until this morning at 9:30 o'clock for the announced intention of examining the authorities presented, stating, in so doing. that the question was 'one of too much importance to pass over without thorough investigation and thought
 The contention arose during the examination of Supervisor Harry w.. Heap. who had been on the stand nearly two hours. When the coun< ty attorney commenced to ask MT. Heap concerning some orders that the board had given Clark, which were designed to stop him from charging the wages of camp cooks up to the county, the counsel for the defense objected on the ground that there had been no meeting Of the board at the time, that the sub feet had not been made matter of record by the board; and that unless the board had acted as a board. Of supervisors in regular or special ses- sion and made their proceedings a matter of record, they as individuals, would have no right to give oral testimony.
 It is a nice little point of law, and the citation Of authorities seem ed to edify a large court room filled with people. Should Judge Cooper overrule the objection when the court convencs this morning. it lets down the bars for all the oral testimony that may be desired from the members of the board of supervisors by the prosecution. On the other hand. should the obJec- ton be sustained it will bar all evidence which is not a matter of official record. and thus prevent the county attorney from bringing out what he seems to think to be avery important feature of the case.
 Some Witnesses.
 NJ. P. Lacy. a former foreman em- ployed by Clark upon road work, was again placed on the stand when court opened in the morning. The gist Of his testimpoy was that Clark had him sign an order which was not filled out and which should have called for SIS the amount due him. but that the order was later made out for $50, and that he (Lacy) did not draw the extra five dollars. The attorneys for Clark drew the fact from the witness that he had been discharged by Clark follow ing the hauling Of some lumber home which belonged to the coun- ty. Lacy had a time book which he kept while serving as foreman, and this was introduced as testi- mony, over the objections of the at torneys for the defense.
 E. Remington, also former em- ployc of the road department, was the next to testify. He said he had signed blank warrant calling for his wages and that when he saw the warrant next it had been raised, calling for two more days pay than he received.
 Martin Frederick, another enlploye testified as to similar raise Of warrant made out to him, after which Supervisor Harry Heap took the stand.
 Mrs. Clark in Court.
 Mrs. Clark. wife of the defendant, occupies a seat at his side in the court room constantly. and appears to be deeply engrosscd with every word uttered by lawyers or judge. Clark seems rcticent He
 
 evinces no unusual concern, seem ingly having placed his fate in the hands of a corps Of lawyers ill whose ability he has implicit conf dence.
 The attorneys for both sides are contcsting every fractional inch of the ground to the last limit. Attor neys for the defense have a carte blanc order standing for the notation Of exceptions to all contentious in which they are overruled by the court, indicating that the case will go to the supreme court should the decision be adverse to the defendant. MEMBERS OF BOARD BARRED
 (From Thursdays Daily)
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