Show I AGBNT tUKEN ARRESTED Cftarged With Bribing ex J Selectmen Morris and Bamberger THAT FURNITURE DEAL I ilarshal Brigham and County Attorney Whittemore Cited l For Contempt l Ehe j Ttcfuscd to Allow Mr Hayken I to Consult ivith His Attorney and Kent Hint in Durance Vile from 4 till 10 Oclock Without Allow iuir Him to Communicate with Anyone lie Alleges That Whitte juorc Attempted to Extort a Caii fcsslon Atliilaviiit Filed A Most ncmur ole Proceeding not the Subsequent Procccdinss May Be of D Sensational Xaturc Interviews Inter-views with l the Parties Let ten Alleged to Have Keen Written Writ-ten liy llajken to His Finn In voltiug the Ev > Selcctmcn Full I I V Statement of theCasc Martin Hayken aid not testify before the county court yesterday as announced an-nounced would be the case He came here all ready to go upon the stand and tell what he knew but was met at the depot with the patrol I wagon and the chief of police Hayken was in his berth asleep when the offcqrs came into the car Here get up was the gruff summons from the chief te Sleepily opening his eyes the ex agent of the Andrews co npany remarked re-marked Why how are yofl chief The chief did not say how he was Aut business was proceeded with by I informing Hayken he was under arrest ar-rest He dressed himself and was taken tak-en to the office of the United States V marshal where he was put through a process of sweating seldom equaled in any place in this wide wide country coun-try According to the statement of the arrested man the following proceed ifcUngs were had A deputy marshal attempted t at-tempted to search his person upon arrival ar-rival and he resisted saying You have no right to search me sir you have read no warrant to me This statement was met with an assertion as-sertion from the officer to the effect that if he did not permit himself to beheld be-held until the task was completed there unti were plenty there to do the job What could I do said Hayken u1 was thrro alone and I had to sub Tit They tl my papers my pock jibook and money and even my certificate cer-tificate of membership in the Masonic order I told them they hsd no right to do this but they didIn the mean i f time there had been no warrant read to meAt I me-At this poiit I think i was about poht 4 oclock in the norning I demanded r that my attorney Judge Dej be sent for Mr Whittemore told me I could not see him I informed them that I had more to pay for a carriage and asked them to send foi him told them that I would pay all the expenses ex-penses This they denied and Whitte more began telling me that I had better bet-ter confess that if I would tell all I laiew that he would let me off He said all he wanted was to gel the others and that he had nothing against me at all I told him that I had nothing noth-ing to confess He then said that he bad copies of all mv letters to the house and had enough evidence to convict me and all the rest but that if t would own up they would let me j go o I I again demanded to see my atlor A and told that I 1F ncy Judge Dey was tol could not see him i Then Whittemore showed me a I glass plate with some writing on It and asked me if it was not mine I told him that it looked like my writing writ-ing hut that I never wrote upon glass in my life Wont you own up that this 3s your writing he said and I replied No I wane to see my attorney I then demanded that my money be given me and my papers They were refused me A man whom I since learned was Judge Howat then arrived ar-rived and he asked me to confess I efused again saying I had nothing to confess and wanted to see my attorney attor-ney i How it Began I appears that Detective Adam Paula Paul-a found tine to leave his many duties du-ties in this city and go to Denver to shadow Hayken He came in with him on the train As soon as Paul left Denver Den-ver the matter was reported here and a warrant issued by Commissioner Harmel Pratt The complaint which was sworn toby to-by County Attorney Whittemore charges that Hayken on or about March 1 1S94 at Salt Lake City did feloniously offer snd give to Hernfan Bamherger and Joseph R Morris who were then and there the duly elected and qualified selectmen of Salt Lake ccunt a bribe with intent then and there to influence them the said Bam berger and Morris as such selectmen Ito I-to award to one A H Andrews Co I ia contract to supply the furniture necessary < nec-essary to be used in furnishing the countys portion of the joint cIt and j county building in Salt Lake City Utah contrary to the form of the statute I sta-tute in such cases made and provided i and against he peace and dignity of the people of the territory of Utah The warrant was issued on Sept 15 Hayken was arraigned before United rtafes Commissioner Pratt about 1015 oclock and gave bond in j the sum of i 750 for his appearance today Julius I Gauer and Frank Knox were his sureties sure-ties Judge Dey the defendants attorney moved to discharge the accused for the reason thait Hayken being a witness > I En route here to give testimony before I tIit county court i jshe hearing 05 the motion was set I I Jbrllpm but it was afterwards post1 j L poned till 1 oclock this morning on motion of the defense Jtulfre Dey Ayiicars When Judge Dey learned of the arrest ar-rest of Hayken he at once proceeded to find his client and this part of the story is l best told in the affidavit of Dey as follows To the Honorable District Court of the Third Judicial District Utah Territory The petition of Charles C Dey respect fully shows to the court That he is now and for Upwards df five years last Past has been an attorney at law duly admitted and practicing before said court that one week ago today he promised the County AtttoniPi Vhltte more that he would Have on Martin 1arin Hayken here as a witness before the county court so called of Salt Lake county on this date The said Whitte Wlitte more is well aware that deponent is at torney for the sad Martin Hayken and the employers of the said Mai tin Havkcn The deponent further says that at S 0 clock on the morning of the 16th day of September 1805 he was advised that Martin Hayken arrived at Salt Lake city between the hours of 3 and 4 oclock 1 m that upon his arrival at Salt Lake city he was arrested by Nat M Brigham United States marshal for the territory of Utah that immediately thereupon deponent telephoned to the office of said United States marshal and was answered that nobody was there that deponent immediately in company with Frank Knox went to the office of the said Tnited States marshal and found there County Attorney Whitte more and Chief of Police Pratt and at the same time arrived Deputy United States Marshal Swan Deponent then and there demanded as attorney as aforesaid to spe said Martin Hayken who was then and there detained detain-ed in custody on some charge unknown to deponent that deponent was denied the right to see Said Hayken or to know the nature of said charge and was informed that he must apply to Marshal Briprham that he was notified by said Pratt that Marshal Brigham would not be found before 0SO oclock Deponent l thereupon went to the Alta club and found United States Marshal Brigham who denied to deponent to see said Hayken but promised to do so upon instructions from the chief justice of Utah territory and the presiding itdge over said court and that he would be allowed to see him for a few minutes that deponent in less than two minutes in company with sad chief justice went tp the room where said Marshal Brigham promised to wait and found that he had escaped therefrom thereupon there-upon deponent accompanied by said chief justice went to the office of the said United States marshal and demanded demand-ed the right to see the sad Hayken that the said chief justice thereupon notified said United States marshal and said VThittemore that the deponent was entitled to see the said Hayken as his client that sid conversation occurred at 0 oclock and 7 minutes and said marshal immediately upon the retirement retire-ment of The said chief justice informed deponent that he could not see the said Havken then before he was taken into court Wherefore deponent prays that an order immediately issue commanding United States Marshal Nat M Brgham and said County Attorney C O Whitte more to immediately appear before this court and show cause why they should not be punished for a contempt o court That the said UnitedStates marshal he further ordered to permit this deponent as such attorney to see the sad Hayken Separately and alone at all reasonable times and p1ac sIn s-In enK Alfitlnvlt Accompanying the affidavit of Judge Dey is one made by Hayken In relation rela-tion to the circumstances surrounding the arrest I is as follows Martin Hayken being first duly sworn says that he reached Salt Lake city between be-tween 3 and 4 oclock a m on the Union Pacific train trom Denver Colo That he came here upon the request of Charles C Dey as a witness before the county court of said county and by direction of said county court to appear as a witness today That upon reaching said city deponent I was placed under arrest by Nat M B i het fter States marshal for Utah and taken to the marshals office on the patrol wagon Thereupon deponent de-ponent was searched and his money and private papers taken from him that as soon as taken in custody deponent requested re-quested said Marshal Brigham to send for his attorney Charles C Day and repeatedly continued said request but the same was declined that he was unable un-able to see Dey until 930 a m that deponent de-ponent has requested said United States marshal since he was taken in custody to see the warrant by which said marshal mar-shal acted and has been denied and deponent de-ponent has been denied to know of what he is charged That deponent resides at Denver Colo MARTIN HAYK N Subscribed and sworn to before me this IGtli day of September 1805 16t1 JD S T AN I Notary Public Order Issued As soon as these papers were presented pre-sented the court issued a writ addressed ad-dressed to the United States marshal and the county attorney ordering them to come into court tomorrow morning at 10 oclock and show cause why they should not be punished for contempt for not obeying an order of the court Dun Svians Position It appears that Chief Deputy Dan Swan objected to the methods used in trying to extort a confession from Hay ken I the man wants to see his attorney he has that right said Swan and you are simply getting this office into trouble when you deny him that right To this the county attorney replied that he knew what he was doing and he had the right to keep the man from the attorneys if he choose Swan persisted per-sisted and was again rebuked by the county attorney who declared he knew his business Deputy Bailey was asked why the marshals office refused to allow Hay ken to see his attorney and replied that the ends of justice would be defeated de-feated if he allowed Hayken to see Him This statement astounding as I may seem was reiterated by another anoth-er deputy sheriff Swan told a reporter for The Herald that he wished Marshal Brigham had remained at home and left the business to others that he had made a mistake Hajlcen Gives Bonds As soon as Hayken could get to see I his attorney he gave bonds for his appearance ap-pearance before the commissioners court Frank Knox of the National Bank of the Republic and Julius Gauer becoming his sureties Summoned Before thc Grand Jury Hayken was served with a summons to appear efore the grand jury forthwith forth-with and when found bY a reporter for The Herald was sitting in the anteroom ante-room waiting to be called He held m his hand a statement prepared by his attorney to read to the jury when called upon to testify The statement made by an evening paper to the effect ef-fect that he declined to testify on the grounds that ll might incriminate himself is an untrue one What he was instructed to do was to say to the I jury that he declined under the advice of his attorney to say anything by I reason of the fact that he was at that time uner arrest and wished to reserve re-serve all rights in the matter until he could have a determination of the result re-sult This paper will not state what next i 1 4 I took place as the court has ruled that I the publication of evidence given before be-fore the grand jury is contempt of J court But it can state that several I questions were asked Hayken all of which he declined to answer The grand jury then attended to thee the-e ic nce of one Davis who has been working in the employ of the county for some time having been east to Cincinnati Cin-cinnati Omaha and other cities looking look-ing up evidence Will Be Inflicted Hayken will in all probability be indicted in-dicted today by the grand jury in order or-der that the matter may brought to lab issue and a trial had The evidence evi-dence which the jury laS consists in the testimony of Tear Davis Adam Paul and some others together with glass negatives of what purports to be negatves the correspondence of Hayken with the firm said correspondence correspon-dence antedating the making of the contract and running down to within the last thirty days I is claimed that a spy has been employed in the house of the Andrews company who has secured every copy of the letters written by him and that they have all been photographed Interview With Whittemoro The Tribune may this morning print a number of the alleged copies of these letters How the paper was furnished with them the public can judge by reading the following conversation with the county attorney which was held at his residence a few moments befoie 7 oclock last evening A reporter for this paper saw Whit temore and told him that he was aware of the Tribune having alleged copies I and asked him to let this paper have them also I Well they are printing them against my judgment said the county attorney attor-ney But you gave them to that paper said the reporter and certainly you have copies of them No to tell you the truth I have not was the reply They got them from you No they did not they got them from another place Why how could they get them without consulting you Well said the attorney evidently Yel is this embarrassed for 3 reply I way They have been in possession of this information for several weeks and while I regret very much that they can not be induced to withhold them this time I assure you I can do nothing to prevent their publishing I I these letters Isnt it a fact 11 Whittemore that they got their information from the police department which has had I members working on this matter for along a-long time tme Oh Adam Paul hasnt been working I work-ing this matter up was the answer an-swer He just went to Denver and followed Hayken here Well then how did the Tribune get this information The attorney did not say He didnt know exactly and he did The attorney was in a pickle I will tell yout he finally said The Tribune hasnt all the letters not half of them They have a few which they got polsession of and they will use them against my will I am sorry that this is so but it cannot be helped now I will say this that the grand jury will have a whole lot of this stuff and as soon as the indictment indict-ment is returned which will be tomorrow tomor-row perhaps I will let you have all the correspondence on the subject and it will make a good article We know that you haye certain letters let-ters which have been used or are about to be used before the grand jury The Herald has a clientage which it serves with the news and is entitled to get all the information of a public nature which it has Well I cannot help the situation tonight said the county attorney As I said before the matter got into the possession of the Tribune without any action on my part Well can yQU tell us anything as to the contents of these letters Nothing special was the reply But we have all Haykens correspondence corre-spondence with the firm from a time antedating the contract up to within the last thirty days and are firm in the belief that we can convict Hayken has admitted these letters are genuine gen-uine Has ken Tells His Side Having thus been cut off from the getting of these letters The Herald man sought Hayken and found him at his hotel Mr Hayken he said the county attorney says he has copies of your letters from the time you were here making the contract and that you have made admissions in which your guilt is shown and that of Morris and Bamberger I have written letters that is true but there is nothing in anything of my correspondence to indicate that I was engaged in any fraudulent transactions trans-actions for I engaged in none I am prepared to meet anything of this sort preparef which may come upI up-I is intimated that in those letters you used the letters J R M and H Bin B-in connection with this correspondence and that you have made admissions concerning them that will convict you I and they When I was here I wrote letters to the house reporting the progress I was making the same as all other agents do and the same as I have done from time to time 1 think I have said something about expenses I have done so more times than one I told the house if my memory serves me right that I was under considerable expense I is possible that I may have used these initials in connection with the correspondence But I repeat that I have done nothing criminal and am prepared to meet all accusations All l that I ask is that the public reserve its judgment until I have had a chance to say what is the truth in relation to this matter Mr Iinnnan Interviews In the corridor of the court house this afternoon continued Hayken I was approached by P H Lannan of the Tribune He came up and said Mr Hayken the county attorney tells me that he has a copy of a letter from you to the house in which you say you have bought up the Herald and the Argus and that you are getting ready to buy the Tribune Is this a fact 1 told Mr Lannan that the county attorney at-torney was a liar and that I had made no such declaration He then told me that the young man standing by him was a reporter for his paper and that I should tell him my story 1 informed him tel had no story to tell that if he wanted to get a storyhe could go to the county coun-ty attorney and as for my side I was in the hands of my attorney and would say nothing without his consent I have made no statements con I tinned Hayken to any one without the consent of my counsel II Declares His Commence I wish to say said the agent that I have no fear of this matter at all that I am confident all will result right in the end I understand where a I Continued on Page 3 f J aSe 1s J MlENT HAYKEN I o ARRESTED Continued from Page L great deal ofthis is coming from and am governing myself accordingly I have had detectives on my trail for months now and have been aware of all their acts except as to the letters mentioned I can not say whether or 3iot they are mine I never wrote on glass in my life and these are on glass If they are photographs of my letters I do not know it I am not gong go-ng to make any statement in this re lateon until the proper time comes I waS asked today to identify them and refused because I could not That is all I have to say in relation to them The manager of the house is here and will be heard from in good time Adam Paul Detective Adam Paul confronted Hayken yesterday yes-terday and remarked I have been watching you for several days in Denver Den-ver Mr Hayken I got on a streetcar street-car with you one evening and rode up with you to your home I found out where you lived I found You could have found where I lived by consulting the city directory retorted re-torted Hayken and there the exploits of Paul ended Toe Morris Talks ExSelectman Morris was seen yesterday yes-terday afternoon and asked in relation rela-tion to his position I have nothing i to fear was Iis answer I have 4 done nothing criminal and Tam ready r c stand upon my actions T with the i other selectmen bought the furniture t md paId the price asked for it be r lievingr it worth the money We received re-ceived no pecuniary inducement or any other kind If the evidence is given straight there is no dread in i the proceedings pro-ceedings for me The business was not transacted in dark lantern session at all The records are there to show what we did There is only one fear in my mind and that is that the mind of the public may be influenced by hired evidence I am aware that this does nol go in court that it cannot stand but the first impression made is of a bad nature and it is for this alone tl At I fear You can say for me that not a wave of trouble rolls across my peaceful breast Ttlnrxlml JlriKham Tnlk Asked why he restrained Hayken from seeing his attorney the United States marshal replied that he had acted under the advice of the assist S t nt United States attorney and that was all he had to say in relation to the case I ud as he advised and that was all 1 could do Those Photographs This paper is handicapped in its search for information by reason of tie prejudice of those connected with th prosecution All the leading spirits in his matter are working in the in rest of the paper which has upheld the county selectmen and the attorney in all their irregular work But there are some matters which cannot be withheld The photographs of the alleged letters written < by Hay lien to the house were obtained oc cording to the statement of those connecter con-necter with the prosecutions by a spy in the employ of the firm He took them a few at a time day by day and had them photographed They were Jtfien boxed up and sent to this city 1 Prom what can be learned of the matter mat-ter the letters which Hayken had in his pocket at the time of his arrest Jt yesterday were also taKen out and 1 photographed together with the cash In his pocket and his purse What the object of all this was remains to be eeen t I AVenry anal Davis Weary is here again and will testify In the case without a doubt Weary c 3s not selling furniture now he is interested in-terested in selling something to reduce I ruptures But all things do not seem to run smoothly with Weary as they did when he and Swiney were here and carri < d r ff a cool thousand of the countys good hard cash A telegram from the Windy City of yesterdays date savs Last July TTearys partner in their patent rupture cure business applied for receiver charging him with misappropriating mis-appropriating funds Judge Windes granted application One Davis seems to have been in the employ of the county for some time He has visited cities in the east In connection with this matter and is ovidently one of the beneficiaries of f4 The obvious reasons warrant busi ness Iln > Icons Defense The line of defense made by Hayken will not be disclosed until the hearing on the matter of contempt This will come up in the morning before Judge Merritt It is understood that the court does not feel very joyful over the manner in which his order was treated Judge Howat will make answer to the court for the county attorney and the marshal The law is positive on the point that a witness who comes from one state to another to give evidence shall be privileged from arrest Hayken came here to testify before the county court He would have exhibited all the let ters in the grip to the county covirt Bays the attorney for the furniture company com-pany and would have told all he knows Judge Dey infers from the sit t nation that the county attorney is not tv as sure of his position as he might be If he has the evidence to convict why try to force a confession out of Hay I ken An Odd Letter The attorney for the county is in a peculiar position in one way He wrote a letter to Hayken some time ago re iterating an offer he made to the agent offering him immunity if he would come here and testify This letter is in the posession of the counsel for the defense It Is a stinger in its way in the opinion of the defendants attorney and in connection with his action in the matter will be sufficient to warrant his being disbarred from practice As the Matter Looks This paper has nothing to say as to the guilt or innocence of the accused If there has been fraud perpetrated it should be exposed and those guilty brought to justice But until the time when evidence is adduced to shpw that either the agent or the selectmen are guilty judgment will be reserved and the facts as developed reported for the public From all indications it i would appear that as yet the county officer has not evidence enough to convict else Morris and Bamberger would have been ar rested It is somewhat strange that they should be allowed to go un whipped of justice if the facts are as claimed by Whittemore |