Show > DEVIrm CASTE IS FINISHED t It Was Submitted to the Board Without Argument HIS VERY SHORT MEMORY The Chief Could Not Remember Several Things LiJl1lmau WcinindteO Zane That itt it-t Not Psipaj Court General Jrnial 3Iu < 1c My the Chief LacU of Harmony Because ICU TJiinfc TJicy tvii Their lulls Has si KiKhl to MaKe Rules Applicable to the Men anti 3ot to Himself The Devine investigation is finished a laFt Vt the beginning yesterday it looked a though the proceedings would take gt teast another day and even in the afternoon this appearance was kept lq Chief Dtvim was on the stand nost of the flay the crossexamination taking n aily J all the morning and there bciim a number uf witnesses on ill list T > ward the end of the after 11IIn hrw ver the chief unexpectedly cl sod hi case and requested that tho hearing b fiiished before night ash i I h > was Impelled tl pay Attorney i Zane fOi rviiy day used in the trial I The pro = < i ution attempted to intro j duce soio more testimony in the way J 1 tf ubuttil 1ut it va rued out ort or-t if ground that it had not any bear i 4 irr 1 on tin < hiv of defcm vhich haIL 1 limply 1 long the line jt denial j i The W araL t rostExniiiiiiatioii j I The ciKl in tel cst < If the day cent i 1 cen-t rfrd ar iiind the crossexamination by Judge Powers The bearng of Chief i J prime cn the stand wa rather pc j I culiar TI was extremely jolly and I i Witty all through the examination t larcl t mining himself to the ques j I tins but having give and take con 1 nation with Judge Powers who i f c ral times spoke rather sharply at him fc > r refusing to answer the ques f iOn noiyas they were asked i-On so aral poSJf th chief directly evaded an Ian I I-an tu t a question i i wq rut on the stand at 10 oclock j 2 ° stecay the direct examination of < th 1Jid was resumed He said Man r > lt was removed to lighter apparatuo i 1cauie of inahiity to perform duty J cu the trick Ills whole idea has been tj inumt tin welfare of the deprrt i in nt la denied remarking that he had ten inn on his blacklist Once i 1 was told Splain had Upd obscene Iniguagt aiuut him but when plain j mad a denial he let the matter drop i Far froi ha ving it in tot the A P Ain I A-in < n he had ad hf did not care but I wanted all fuh talk to cease He de lied Welhs statements about his iai me th police and fire board in his I picket and about his setting men on i s ach I i j Thc Real Cause I H > said he never told any man to j be rue to him and he would be true y return He had never intimated I clnytiog of this kind except in a gen i rial way nor had he preferred frivol I CMS charges against any of his sub urdinates The real cause of lack of harmony in the department was that a law existed governing it which made j tlif men feel that they absolutely j owned their jobs and that ths man in j charge had no power whatever to re j iivtit them So long as this condition J existed there would be a lack of liar i mony Another cause of dissension 1 was the interference of outside parties I When Judge Powers began the cross I examination he ran back into the history i oS his-tory of the chief from childhood up I and traced him to Salt Lake city The thief said he had erected or assisted I in the erection of large buildings inState Rpveral largo cities of the United I State that he came here in 1SS9 and that lie had studied law during his I leisure hours but that he had not yet ben admitted to practice before the I ry d F I J > had no experience in fighting l s except in a volunteer way before I oKngf charge of the Salt Luke department I de-partment He was not acquainted with i the men prior to that time He made m promises prior to his appointment I 1LI fiat he would give positions to certain Made 0 Promises I Ito denied specifically that he had promised to give a place in the de partment to Lance Earl or that he in j trided to make him assistant chief in place of M M Donovan or that he i had urged upon Captain Donovan of I I th police department to persuade his brother Mike to resign in order that I Jif might name some favorite to SUe CPr him The chief aid it was true I hat he seldom wore his uniform He I considered that he had a right to make ore sc of rules for the men and an other for himself You say some of the rules apply tm the men and not to you Why this distinction In almost every department in the I country the chief has some more pnvileges than the men The men obtain leave of absence when they want to while the chief does not Uiitcriii n Saloon Do you not think it a bad example I for the chief to enter a saloon in uni fonu f 1 When time board fixes rules for the 1 fhief as I hav2 made them for then p the-n tlfey will be observed You considered you had pcwer to I 1 fua i one set of rules for the chief tna another for the men I Yes that is so in other cities What city gives the right to a chief to enter a saloon in uniform None that I know about You attribute lack of harmony to the lack of power in the chief to discharge dis-charge men Have not nearly all states in the union laws similar to this I canneL say I You say Mr Salisbury wa not put on the board at your request Did you not suggest certain names to the mayor No sir Before you resigned from the department de-partment last winter did you not have v conversations about it with some mmbers of th board 3 1I did talk some wiLl individual I V rs I tt > your rP1t > D0infmpnt Ill you J I 1 I not consider yourself more under the I authority of the board i No I Against Ilis Appointees I Have you ever filed charges I against any of your own appointees Yes against Welch and Amos i Moreton I Now about the Welch incident j i Did you not write from Montreal to I the secretary to have charges made j against Welch I wrote because I had received word that he had been away without I heave I I heaveDid you not appoint Mr Woods j I Yes sir I I Do you not know lie was not eligi j ble unde the law not being a regular I resident of Salt Lake He swore he was and this was I sworn to by three reputable citizens Did you not know then that he asa as-a resident of Mammoth and paid his j j poll tax there i i Xo sir I had only heard that he I worked there I I I vines Private Affair Objection to further examination I I along this line was sustained and an I exception noted Mr Devinc 1 do not intend to answer I an-swer questions relating to niv private pr1e affairs I Judge Powers Do you consider the appointment of men a private < affairT < fa I I Well you were getting personal You say you have visited No 2 at J irregular intervals That was under I I I j your charge ab much as No1 I Yes Mr I The city had I I I some lumber there Yes while repairs were being made I I I Do you know W Mr Spry moving I some of that lumber and having boys I j I taking it away in wagons at night I Objected to and objection overruled I i over-ruled I I j I did not know of it personally I I Some members have taken away old i j lumber j I Do you not think if you had visit > od it of tenor you would have known I better the condition of the property and men Perhaps so I I Ha there been hose taken away I from Xo 2 besides that taken with I the reel i r cannot say I Have you sold any hose from Xo 2 Have you patched some up and sold it Did you not sell some and make no report to the city I Xo sir I believe none has been sold except irom Xo 1 tleCartlijj Appointment I When McCarthy was appointed was he a naturalized citizen hlf so stated in his application I You and he were good personal friends Yes he had been my foreman and in his appointment I was governed v my knowledge of his sobriety and ability to work You acted in promoting him on your knowledge of him before you were chief i Partly so Part Did you meet Amos Moretons I brother on the street and say to him Your brother hadnt better go on the I stand against me or Ill expose him or something of that nature Xo sir Enriic Drivius Did you know Earl was a poor driver Xot that I know of Had you any knowledge of his experience ex-perience as a driver hI know he had some familiarity with horses Do you not know that the accident acci-dent instead of being unavoidable was the result of inexperience r did not say it was unavoidable Has Captain Gilbert been restored to his old place in accordance with the order of the court r have received no such order McCarthy is in charge of the truck is he not Yes Do you not think i favoritism to I put an old man like Gilbert under anew like McCarthy new man lCe llcCarthy GillicrtN Reinstatement Gilberts hearing is bad Are you not acting contrary to the order of the district court hI have received no such order I will see then that you are served with the order this afternoon The board has made a return that he was restored and I am surprised I thought the board had made a true I return Prior to your sale of horses was there a team at No 2 that could haul the steamer Yes Are there any now Xo When were the horses taken away When the twohorse reel was taken away Is the cart with the extension ladder lad-der safe I said it was an inferior wagon 4I i not usual to have the extension exten-sion ladder on the side I do not know about that How many times has that extension exten-sion ladder been used I do not know Have you ever ignored the assistant chief i chiefXo No Did you not make the day off schedule sched-ule for Xo 2 Yes Yesas Was nol this responsible for the two men at meal times Xo AVus Too Mild You say you believe you were too mild and dovelike The developments of the last three weeks would seem to indicate that Do you ever remember having neglected neg-lected to salute a man on the street when he saluted you I Never Would it be possible for you not to I see a man who made a motion toward you Well I have made a motion toward you Judge Powers and you have not seen it You say some of the men did not salute properly What did you do about it Men Mnst Salute I gave instructions to the subordinate I subordi-nate officers to see that there was stricter attention to the rules You wanted to keep the department Ion I-on a plane of almost military discipline disci-pline did you not I certainly wanted discipline Regarding the difficulty over the flowers was not the misunderstanding between you and Donovan and Sullivan van No I ivas not concerned Did you not give instructions that some of the flowers should be saved I for your private apartments No Did not someone give Instructions for you Not that I know of I Donovan was so requested I was without your authority Yes I know nothing about i Bywatcr a Good Man Bywater is one of your appointees Do you consider him a competent man Continued on Page 3 DEVE GASH IS FINISHED a Continued from Page 1 Yes I have believed him a very good fireman I When he was first appointed did i you not ask l Burt to show him what to do I doNo No I asked Burt to show him 1 where the things were Did Bywater have friends who I asked for his appointment or promotion promo-tion Yes he had a number of them Did their recommendation have any effect Yes considerable I Then i a man has a pull he can get anything In the department I I have not progressed that far in progresse I politics When was the steamer at No 1 put I in service I This springtime Bovines Ioor Memory I Now B waters salary was raised I on Jan 1 to that of engineer Was the steamer any more iu service on I Jan 1 than it had been previously I cannot remember whether i was j or not I Can you not remember your public I duties so far back as three or four months No that is my weak point there are public records to show j i You could remember the conversation i conversa-tion between Donovan and Sullivan sit i s-it possible anything of a private nature i na-ture you can remember and that you 1 forget the public duties you are paid I to perform The conversation was animated There are public records to how I these other things j I You could remember that the low I I i est record for firing an engine was three and a quarter minutes and it had I been done in six minutes I I Yes Did Aot Remember Did you see Bywater danng the I last month make a test in ii ing up the engine and do you remember the I time it took I do not remember I Did it not take three quarters fan f-an hour The engine may havo been leaning I Does the engine leak now Yes I What has Bywater done a carpenter carpen-ter of the department during the tel t-el I The chief enumerated the various things done and Judge Powers asked I quickly How it is with such a had memory I you can remember all these little dt i I tails Called i Pettifogging Chief Devine growing red and speaking hotly Judge Powers 1 object ob-ject to being questioned in this pettifogging fogging style I 11 Zane If the hoard aases this style of questioning is very objectionable objection-able I as pettifogging and ridiculous I Judge Powers good naturedly No doubt you tnmk so I Did not Bywater make a fancy screen for your wife I Yes Did he not do some work in No 1 I for your boy i hIt might be termed so I Judge Powers sharplySay whether I I it was or not Please give a direct answer to one question I I have answered that question Make i Inhlie I Now you made public the promotion promo-tion of Workman and Clark You called them into the library and did I so Why did you keep quiet about the promotion of Bywater Because he is not really < in officer But he has charge of the engine Yes under orders of the house captain cap-tain tainWhy did he not repair the leaks in the engine I is in as good condition as possible possi-ble when not in active service Why was Bywater appointed I looked the field over and thought he was the best man Has Clark been restored to his old I position in accordance with the order of the court I He has not baen restored as an officer I of-ficer I am surprised When I got the I peremptory wit of mandate from the court I was blamed for it by the city attorney who said i was a useless I exertion Now it appears that even I this writ has not been oo < vel Had I Giles ever had experience n driving i before he was made a driver in the department I understand he drove a bakers wagon When the apparatus came back from a fire did you ever know McCarthy to do any cleaning Did he not go in and lay down Has he not more privileges than the other men f i Not that I know I believe he has I hart less I Do you not know that McCarthy i uses profane language in giving orders I and that this Is a cause of complaint I have never heard so I I Removing Donovan Did you ever talk to the board either in public or executive sessions or to any member of the board about I possible means of removing o < reducing reduc-ing Assistant Chief Donovan Did you II not say you had another man in I view i Xo I have said nothing special Ii was once asked IfI had anyone in I view and said I had not i Have you not so talked with Mr I Noble No t II I I Have you not in gentleness and I kindness talked freely with the men i I thought I did so with propriety until I heard this evidence I Did you ask Splain or Welch or I Clark or Bywater to let you know I what the others were doing and did you not ask Bywater to sit up all nightNo ll The Second J uuiravri Who got the second Lucas Robinson Robin-son affidavit afdavit I decline to state Was it not Mr Robinson your former for-mer partner No What relation is Lucas to your former partner A stepson Did the men ever appoint you as trustee for the department fund No Did the board Yes The crossexamination closed and a recess was taken until Q oclock Redirect Exitiiiiimtion I In the afternoon the redirect exam ination began and the witness created a small sensation by putting in the I cigar stump > doctored by Donovan to I make Gilbert sick He also put in his I book of account at the State bank on the department fund I During the examination Chief Devine leaned over and whispered to Mr Zane Mr Lippman looked surprised II and then objected Mr Lippman You say you have handle norie of the money I I have handled none Have drawn no checks 1 have drawn some and they will I be here this afternoon wi OttingrcrK Opinion George M Ottinger was called lie said B water is a competent engineer and he believes has no superior in town in competency for running the steamer Is there any particular necessity f4 JL for using the steamer in this city In this town the steamer is like a reserve to an army I Have you examined the ground of the Lipman reYes re-Yes I What was your opinion of the management man-agement of the fire Objection which was not sustained I Can any man standing around tell how much water should be used No only the chief engineer could tell that and he would have to do some figuring Crossexamination Believed that it was not good policy to keep a steamer in service was 0 warm friend of By water did not feel particularly friendly to Devine Binfords Iden I Chief Binford of the Ogden fire department de-partment was called and asked if he I had seen the scene of the Lipman fire and if I he was able to say how it had been managed both of which he answered I an-swered affirmatively What was your judgment regarding the management of the lire I evidently had a good start and must have been well managed to have as small a loss as there was Crossexamination Had been chief in Ogden for two and a half years Mr Lippman What were you before I I you took that position I decline to answer that that has nothing to do with this case I Then you do not care to answer You are here as an expert we want I to know what you were doing After some argument he > was told Ito I arf I to answer and said he had been in the real estate business for six years and I in the railroad business for seventeen years yearsHow many fires have you had in Ogden I About 250 Did you once send to Salt Lake for the department No it was done without my consent I con-sent I Secretary Felt was asked if Chief I I Devine had reported the receipt of the Sears check about April 15 He I said a verbal report had beer made but no action was taken I Byraler Eiylaius W I Bywater engineer was called He had learned the trade of engineer I in 1S71 He had been in charge of the steamer in 1SSSS99U Had once been deputed by an engine company to test la steamer The heater has been connected j i con-nected with the engine in January I February and March and up to this I time I had been ready I dled How was the Waltner fire han 1 do not see how the handling could I have been improved upon The same answer was made as to the Lipman I fireHave Have you ever seen 4Alr Devine surly or snappish toward the men 1 have not seen such a condition I rot Iapaw Court There was another spat between th1 lawyers There had been bad blood I I I all during the trial and Mr Lippmnn finally said hotly Id like to know I whether Mr Zane is running this board This is not papas court which he used to run I Mr Zane began to say that he Jid not intend to hear such talk from the young man who had just entered the bar when he was shut off by the board Witness said the elliOt had never been dictatorial or haughty I Crossexamination Were you not an applicant for the position of chief No sir I Did you not make an affidavit against the chief Yes but it was on misrepresentations misrepresenta-tions < I tionsArc you in the habit of making affidavits on information I I am not in the habit of making I affidavits Witness said he Tlness was engineer since last August He did not receive engineers pay until January Redirect What is the cause of lack of harmony in thedepartment There has not been sufficient 10t sufcient authority au-thority in anyone to prevent riiur muring and kicking and growling Had Xot Stayed Li To Mr Lippman He had not stayed stay-ed up all night to watch the men He had not been a spy The trouble is all caused by a clique with whom he does not associate He did not I know who was in the clique John Chalmers clerk of the department de-partment was called He submitted the various accounts of the department depart-ment hose showing fines and sales of old hosfWitness I Witness had never seen the chief I refuse to salute the men but had I seen several of the men refuse to salute the chief I When Mr Sears brought in the check he was told it would probably be turned into the relief fund and said it was all rlglit He had not said anything about pants Crossexamination Prior to the receipt of the Sears check no account had been kept of the gifts He had not thought they were the part of the citys business Henry T McEwan receiving teller I of the State Bank of Utah identified the bank book of James Devine Chief Engineer and checks drawn against it amounting to 8335 as well as a deposit slip of the Sears check Witness said Devine had explained when he made the account that it applied to department fun sAt s-At this point the defense unexpectedly unexpect-edly rested and the prosecution endeavored en-deavored to introduce testimony to impeach the chief hut it was all ruled out on the ground that he had introcucec nothing new in his defense de-fense and all remaining evidence should have been introduced in the beginning Mr Lippman wanted to have an adjournment until this morning morn-ing hut Chief Devine said it would be unfair to him as he was paying I counsel by the day and was under I heavy expense He wanted to finish up at once Judge Powers not being I present recess was taken for half an hour until Mr Lippman could consult I con-sult him At the end of that time Mr Lippman returned and stated that under the ruling of the board he would be compelled to rest Neither side cared to argue the case and it was taken under advisement until this afternoon when it is expected a decision will he rendered I |