Show BAn FOB F R THE 4 PBOSBGUT1ON Judge Hiles Rules Haykens Admissions Alone Not Sufficient Suf-ficient to Convict MR WHITTEMORE DISSENTS I I But His Honor Says He Will So Instruct the Jury II I I IVoary Examined as to the Aetna Value of the Furniture Was PJIII S3 a Day and Expenses Admit Ad-mit He Ha StronBT Feelings ARain > t Andrew CoSine Also it Highly Paid Furniture Expert Ex-pert C H Colliy of Denver Gives Some Decidedly Racy Testimony On Tuesday the prosecution in the Hayken bribery case seemed to have the batter of it and Mr Whittemore and his colleagues were walking on airY air-Y sterdy the tables were turned So far the prosecution has presented no evidence except Haykens own letters l1as i not yet as the lawyers say established es-tablished the corpus delicti and from remarks made ly the county attorney he is not straining a point to conceive the idea that he is depending larg lyon ly-on the letters to secure a conviction Judge Hiles several times urged the prosecution to prove the corpus delicti and rul d Mr Whittemore to the contrary con-trary notwithstanding that a defendants defend-ants admissions alone were not suffi ciert to convict and said he would so instruct the jury The main witnesses ior the prosecution prosecu-tion Geddes Weary Swiney and Colby produced a very bad impression p impres-sion and their deportment under cross examination was the subject of very general remark by parties who have no interest in the case either way Court opened promptly ait 930 oclock and the reading to the jury of letters of Hayken to Andrews Co was resumed re-sumed by the county attorney EASING UP OPPOSITION I Lector of March 1 1894 was admitted It contained a good deal of irrelevant matter but said that jt would be better bet-ter to ease up certain opr sition and I fr to accomplish tlhat it might oe well to fnrntah a lilitle opera house with forty I chairs to do away with the consoie tiOcJ3 scruples cf the party mentioned in letter of January 24 and the forty chairs will do their work Th > writer I requests a draft large enough say 500 i to settle certain obligaticns coming due after the signature of the writer j i is ifiixed to certain papers Letter of April 15 1894 refers to the board of education and says there was one Us crank on the board whom 1 Hayken was smoothing down but the others woulo surely sit on him as the writer was bound to get there The writer begs them to agree to the 20 per cent and 5 per cent to the architects Says he has paid Proud foot 150 to come out of the 5 per cent d and that the amount of the bill for the chairs is to be deducted from the 20 per cent He says he encloses sohedule of estimates submitted by Brunswick Balke company Revelli Matchell Co and others and wonders how he succeeded suc-ceeded in the face of such other bids as he had to contend with His success suc-cess was such that he thought he ought to run for alderman Letter of April 27 1894 refers to another an-other tussel with the board of educa I tion and assures his firm that the board is coming round slowly but sure ly Parties OA 20 per cent rake off clamoring for substantial come down of S2500 as inducement to hurry up signing I cannot advise compliance complince and iow on receipt of this please wire decision You are aware that first they must sign before I fork over and 1 shall take good care to have every thing solid COMPLIMENTS T MCORNICK Two letters of August 3 1S94 One says your favor of 30th ulto in which you say comments are not favorable t > this company etc etc received I have mailed you the full batch of all newspapers and today also The Her ald of the 19th into and perhaps you will feel otherwise after reading all commemts as made and certainly ought certinly If to know that here a always are some soreheads and mud sme slinging cannot be prevented Were it not for stirring up more stink I would send you affidavits of Recorder Liopman where adavt swer Alderman McOornick would be called 10 damn a Every EyeI precaution is taken by me from gain tng newspaper notoriety for either you or others Every one here conversant Knows with the better animus than of accusing the pa te CIYernt you kicking or me with any foolishness and seeing as they do he goods arriving are fa above their expectations pity Me and Jell believe that if Christ tha i Chrst came to earth today Mr McCoroick would Io really try t sell his body for twenty nine pieces of silver if he had a chance Perhaps you never before experi fS06 suh a roasting a ° befor I am expei sorry should sorr thf thfc one give gie you displeasure yet I cannot see where are the com ments not favorable to this I certainly should have company ceriny informed infolmed you ere this if tis i anything injurious or de rogatory but really the whole matter appeared s openfaced silly on the oDene Si < part of McC that my friemls have rather increased and your reputation Is in no danger whatever rputton I M AND B FIGURE LARGELY < The other letter d August 3 1894 reads Inclosed please find con tract and specifications of Harry cn Haynes store fixtures pending Harr some time I also inclosp pding time inclosp estimates of Mr J O Baumann left with me at the time of his first visit here and amounting to 162825 To better explain matters 3 shall reiterate proposition made by parties here and as submitted for your approval at my last visit to Chicago in r May John P Cahoon and a brother inlaw and partner of Harry Haynes was to be incidentally benefited ne by Morris and Bamberger the th county t jcdges and 1 and B agreed to pay the largest share of his contemplated work the furniture of the contemplate sto < In Murray providing he would have I f them dnne by us out of the 20 per cent It 0 M and 1 were t receive C p cent j 11 IQ r J a k U H t > C < r long and tedious delay finally agreed I to pay not more than 1000 and so contract reads M and B agreed to have deducted from their 20 per cent I 1860 so you will receive for the work I 2860 and so with an amount off 1 23275 above estimate of Mr Baumann Of course I cannot very well have M and B sign agreement that they will do so but since a in the case of the opera chairs and in next payment to be made to them I shall then have j them M and B acknowledge receipt of the amount a agreed upon 1860 I As regards the clause of payment of I I 1000 in notes of one two and three I I I years time be pleased to understand i that it was desire of Ito I wa merely a desir Haynes I to induce Cahoon to agree upon doing the work and the cash will be paid you I shortly after completion without fail In making this deal I have secured the good will of Cahoon to allow you payments on county part of contract as you may wish them and a already stated in my letter of the 1st instant will now assure that the second or additional contract for county shall be delivered sooner than contract contemplated con-templated I will not be necessary ifor me to mention that Cahoon is en tiVly Innocent about the amount of 1860 being paid by M and B and considers the price in contract as a I concession made clear cost Furthermore Further-more in view of the fact that the committee on state capital will surely have him a one of its members you are assured of the work therein finish and furniture all of which respectfully respect-fully submitted for your approval A FINANCIAL STATEMENT Then follows a statement appended to the letter I Received by cash I Board of education 5719 2 City of Salt Lake 27 S90 93 I Mailed drafts 625 12000 Ex 2400 Mailed drafts 626 2000 Ex 4 O Mailed drafts 831 2500 Ex 4 50 I Mailed drafts 121 20000 Ex 2000 Mailed drafts 323 5000 1993 0 Mailed drafts 123 5000 Ex 400 I Mailed drafts Jan 3 IGOOOEx 2000 Totals G2500 S7G 50 I 7650 I 6423 5 Amount of warrants received 20973 3400000 85 54973 S Sold 15000 0 at 97MX375 0 Sold 5000 00 at 97 x irO CO Sold 5000 00 at 98 x 100 0 Sold 5000 0 at 9S x 100 0 I I Sold 3000 0 at 97x 10 0 Sold 1000 0 at 97 x 300 Sold 20973 S at 98 x 419 45 54973 S 1249 45 Cash payments H V 1 KO W T P O W T P 250 T 1 167 Total SS07 J R 1 2000 J R 1 1000 J R 1 O Total 5000 Labor 782 15 Labor 1816 00 Total 2598 15 200 2500 1st pt 700 1 Haynes 1200 Murray 2600 7200 Garys figures Expense account Aoril 94 0 474 May t 310 Tune t 294 JUly Y 230 August 29 < September 31o October 323 November December 298 305 IL Total 2966 I Miscellaneous Denver Bills Transfer freight 161 85 1 50 I Rent 314 15 47750 Salt Lake attorneys bill 2500 Photos etc 37 0 Total 539 C Haykens figures LOOK OUT FOR VHITTEMORE Letter of May 6 a follows was ruled I outMr Mr Hayken writes from Denver under t un-der date of May 6 advising that Mr I Whittemore be taken in hand thus I see by the Salt Lake newspapers that Attorney Whittemore of said Lexowing committee will arrive in Chicago Chi-cago shortly and respectfully advise you to take him in hand on his arrival ar-rival to watch his movements and if possible to give him a dose of the I same medicine he intended giving me BY BEING WATCHED Ifor if i should be conceded that the work delivered I de-livered classed a stock goods by any one of your company there will certainly be trouble Hoping to hear from you a regards Mr F B I remain re-main very respectfully yours M HAYKEN GOING OUT OF OFFICE Letter of December 26 1894 in substance sub-stance said the county selectmen will go out of office January 2 and it is imperative to finish up before they leave The writer says he has tried every possible means to have it done before he returned to Salt Lake from Denver but since the officials cannot issue warrants until a certain amount of cash is paid in and available they could not arrange for it sooner The copy of a dispatch signed by J R Morris and sent to l1 Hayken 710 Equitable building Denver reading a follows was attached I you are here Saturday we will appropriate balance TESTIMONY RESUMED The introduction of letters here ceased for the time being and Select lor man Geddes was examined by Mr Whittemore At an investigation Into the furniture deal instituted by the present county court in April 1895 witness remembered Mr Hayken being present In substance Haylcen then said before the court that certain people peo-ple had testified against him at that investigation for the purpose of defaming I de-faming him and injuring him socially I and in a business way He threatened to bring these people to punishment I He demanded a full investigation and to be heard in his own defense The I court witness said then told him he wines would b given a full opportunity to I make his showintr This testimony was objected to a irrelevant but the county attorney explained ex-plained that i was for the purpose of laying the foundation for showing that while Hayken was pretending to court ain investigation here he was writing I his firm in ChIc t be careful of the dangers to them which would be attended by a investigation < Judge Riles said i the purpose of the investigation then going on was td show that Morris had been bribed by Hayken it was relevant but not otherwise other-wise I the investigation was to prove that the county had paid 54000 for funnlture which was worth only 26 000 the testimony as far as I that case is concerned would be irrelevant j Geddes In reply to Whittemore said the investigation was to show that Hayken had bribed the county officers j and to stand his honor allowed the testimony Continued on Page 5 a I i4 SHIP NEWS New York Sailed St Paul Southampton South-ampton Westernland Antwerp Britannic annic Liverpool Arrived Majestic Liverpool Bremen Arrived Hale New York Liverpool Arrived Teutonic New York Sailed Germanic New York Waesland Philadelphia Southampton Sailed Lahn from Bremen to New York Boulogne Arrived Amsterdam New York for Rotterdam York Greenock Arrived Prussian New BAll FOR THE 2 PROSECUTION t V n r Continued from Page L GEDDES CROSS EXAMINED Gross examined by Judge Dey the witness said Kayken offered himself as a witness and was examined by > the county court He referred to some individuals IlL in-dividuals who he said were trying to 7i ruin his reputation and social standing Who are these people h < referred to give us their names said counsel q I cannot remember them but the county court minutes would show that Was your investigation not solely to find out if the county had been defrauded de-frauded Yes I think that was the main object ob-ject WEARY ON THE STAND Edwin D Weary examined by thet county attorney said he had been in the employment of Andrews An-drews Co from 1883 to 1S93 He went there in the capacity of chief designer and in about two years became manager mana-ger of the cabinet department Had charge of the manufacture and sale of the furniture in the department Have you examined the furniture in this building asked Mr Whitte moreYes I have Most all of It was designed de-signed by me when I was with the firm of Andrews Co Judge Henderson objected to this class of testimony Mr Whittemore paid he was leading up to l point Where he could show the actual value of the furniture supplied and to distinguish dis-tinguish between stock furniture and furniture made specially to order The court said before this testimony i was admissible it would be necessary tor the prosecution to establish the corp deliote to show that the bribe I had actually been given and that statements state-ments by ithe defendant were not alone sufficient to convict him The body of > the crime must be shown before evidence evi-dence of this class is admissible Mr Whibtemore promised to prove the corpus delicte and on that understanding under-standing the evidence was admitted his honor however remarking that he would instruct the jury that the defendants admissions alone were not sufficient to convict Mr Whittemore said the state supreme su-preme court held that a defendants admissions alone were sufficient for a conviction and the examination proceeded pro-ceeded Did you make an inventory of the furniture in this building asked counsel Yes in June last I made a personal person-al inventory Whwt > was the result of your inventory inven-tOry I valued it at the price which it would reasonably sell for at wholesale rates Witness here read estimates of the values Stem by item the total footing FI foot-ing up to 2S238C5 WEARY HAS ANIMUS Crossexamined by Judge Dey You were discharged from Andrews employ in 1893 No You left their employ in 1833 Yes They brought a suit against you for the conversion of certain money Yes Nine months after I left they I brought suit What did you do after leaving Andrews 1 An-drews iWfnt > with another firm as manager of < the cabinet tlpartment and after that I took rhe management of the branch house of a St Louis firm until early in 1895 What after that About three months ago I went into business for myself Have you any ill feeling against Andrews Co Yes I have f How long does that date back Almost seven years ago Mr Holbrook Hol-brook and I had a dispute You saw Mr Whittemore in Chicago Chi-cago about this case in May 1895 Yes he sent for me by Mr Swiney Do you know Mr Fricke Yes Did you Whittemare and Fricke have a conversation about this matter mat-ter in the Union League club ait Chi cacroYes Yes Did you introduce Whittemore as aIr a-Ir Allen of Denver to Mr Fricke Yes I think so Why did you do that Mr Whittemore desired it but there w as no particular reason for it that I know of Did you describe Hayken as a big course unsightly Dutchman with nothing smart about him I think I did Counsel then went on to interrogate witness about what occurred during the conversation between himself Fricke and Allen alias Whittemore at which the latter was very anxious to gat from Fricke information about the part Andrews Co were supposed I bo have played in the alleged bribery of the selectmen Witness acknowledged j ac-knowledged he had then said that Holbrook Hol-brook was a mean treacherous fellow I in whom no dependence could be put HP applied similar language to Cary Did you tell Fricke that the value of the furniture did not exceed 40000 that you had it in for Andrews Co and would send every member of the firm over the road and that you would I get even with them I I dont think I said it to Fricke though I may have done so at a later I period Do you know L C Davis Yes He is an Intimate friend of yours 1 Well yes You have been working in this case for a long time I I have done some work on H I Do you know Arthur Floessler 1 Yes LETTERS CAME MYSTERIOUSLY j When did you first see the letters which were introduced in evidence I When they were put under my office of-fice door Who put them there I dont know What did you do with them Read them What did you do withthem afterwards after-wards They disappeared S As mysteriously as they came Well yes but I may say I carefully refrained from getting any knowledge of these letters Purposely refrained Well I didnt want to be mixed up with them What were you afraid of I can hardly answer that as I understand Andrews Co wrote you accusing me of stealing the letters Now what did you do with the letters NothingS S Did you put them on your deskS desk-S alter you read them Yes but I kept from getting any p knowledge of them that I could help Why I was afraid you might crossex amine me on it Now Just tell your connection with these letters 4i 1 know nothing much about them S You were mixed up In the taking of S these letters t No I had not much to do with S them C v S You have been employed in this case I since April or May 1895 No not all the time PAID 25 A DAY AND EXPENSES Did you get any pay when I was here before I got 25 a day and expenses and drew 534 in all for that visit t Who paid you Salt Lake county Did you get paid when here in MorOn > last and for this visit Only my expenses and I dont expect ex-pect to ask for pay this time Why did you come > then Out of friendship to Mr Whibbe more Did you act in the capacity of a detective in this case I wouldnt term it so I tried to help Mr Whittemore outS out-S When did you first meet Floessler After he was discharged from Andrews An-drews Cos employ A BRAINY MAN Judge Dey here opened in evidence a letter writtenby Weary which was admitted on the grounds that it showed malice of the witness towards the Andrews An-drews firm The letter read as follows fol-lows S Chicago March 25 1896 A H Andrews 215 Wabash Avenue City My Dear SirSome time ago I wrote you a letter in which I endeavored to convey the idea that it would be well for you to cease hostilities in view of certain circumstances which have since developed I have always ben unable to understand why you personally person-ally have done your utmost to bring down my reputation but I learn from itime to time of certain speeches of yours which I will take from no living man without retaliation I am informed inform-ed that it was at your instance that Crosbys letter was published in the furniture journal and I enclose copy of my reply to him which I think contains con-tains some food for thought I presume it is difficult for you to believe that it is exceedingly painful to me to crucify cru-cify you in this manner and I do not think you could ever be brought to believe be-lieve that I personally saved you from the disgrace of indictment at Salt Lake yelt such is the fact I know that you are a very peculiar man but it Js most astonishing to me and to others as well that you do not realize that you are fighting an unequal un-equal battle and that I am more than a match for the brains of your entire aggregation You have been surrounded surround-ed and influenced by bad men ever since you parted company with the Haykens Mr Weary explained ex-plained later that Haykens should read Haydens You will probably never believe it but to everyone else it is as clear as day light and late developments de-velopments prove it Your attempted persecution for me is I think one of the worst mistakes you have ever made yet and I now again give you the warning that every time you attack me in the puss of elsewhere I will lay on a lash and I have resources in this line which would astonish even you Now Mr Andrews I do not want you to think I am trying to bullyrag you or that I am rejoicing over your misfortunes I mis-fortunes I admire and respect you in many ways but my reputation next to my family is the dearest thing on earth to me and I am so constituted that it is impossible for me to rest I under the libels your crowd have sought to put upon me I sincerely wish you could be brought to see this I whole matter in the proper light but if as stated you persist in making false statements about me you must take I the consequences I am yours very truly EDWIN D WEARY You consider yourself a man with a large amount of brains asked counsel coun-sel As compared with Holbrook and Carey I do You got Floessler to come to Salt LakeYes Yes I did i 0 NOT A DETECTIVE You did some detective work then No I object to calling it detective work because it is not my business Have you too much brain or are you too high toned for a detective I dont know I You have sold furniture Yes I You always charge one price to I everybody 7 i No NoWhy Why how dont you Its not practicable in the furniture business How did the prices paid by the city and the board of education for their furniture compare with those paid by the county They paid more than the county E D SWINEY TESTIFIES E D Swiney examined by Mr Whit temore said he had had thirty years experience in the furniture business had examined that supplied by Andrews An-drews Co to Salt Lake county and considered it worth 2639209 Crossexamined by Judge Dey witness wit-ness said he was paid like Weary 525 a day for his time when here last summer besides his expenses He was here last March and was now here again but didnt know whether he was to get anything for his services beyond his expenses on the last two occasions or not He rather expected to get something but had no idsa of how much it would be Witness had acted in some instances as Whittemores financial agent In Chicago He arranged ar-ranged to get the witness Flaessler here and others bought their tickets etc THE OPERA HOUSE CHAIRS Harry Haynes of Murray replying to Mr Whittemore said he was interested in-terested in the Murray opera house with Cahoon knew the defendant Hay kenDid Did you buy any chairs for the opera house from Hayken Objected to as irrelevant CORPUS DELICTI NOT YET SHOWN Judge Hiles Mr Whittemore I would have no difficulty on ruling on these objections if you would point out to me any evidence which tends to prove that 20 per cent or any money was paid to Morris So far there is nothing but circumstantial evidence Mr Whittemore didnt think the court would require us to Introduce the direct evidence of anyone who saw Hayken actually pay > the bribe to Morris Mor-ris We can prove it by the circumstantial circum-stantial evidence Judge Hiles You stated in the forenoon fore-noon that the supreme court of this state had ruled that admissions of the defendant alone were sufficient to convict con-vict without any other evidence Now I dont think the supreme court so ruled or ever will so rule but on your promise to prove the corpus delicti I will let this testimony go in in the meantime Mr Haynes then testified that he and Cahoon purchased 497 opera chairs from Haykens firm at 10 per dozen and 1000 worth of furniture for the stores below the opera house The chairs were paid for by an advance of freight charges and the balance in cash to Hayken The store furniture witness bought Individually to be paid for by notes atone at-one two and three years and he paid the freight on it in cash WANTED TO BE GREASED Elias Morris said he was one of the contractors on the joint building Knew Haylten when he was here trying to secure se-cure contracts for furniure for Andrews An-drews Co Witness heard Hayken once remark in a joking way that the committee which had the letting of the contracts wanted to be greased RACY TESTIMONY C H Colby of Denver had known Hayken for twenty years Saw him in Denver in iS3i He then told witless wit-less he was > trying to get a contract for furniture from these people here Did he ever talk with you about the contraCt Yes he said he was the smartest 1 OJ man Andrews Co had that they didnt have another man who could have done what he did in Salt Lake not one who could have got the contract con-tract Witness asked him how he did it and he said he bought the ss of bs the selectmen that it cost him 20000 that he paid three of the Ss of bs 2500 to start with Then the Mormon ss of bs got onto the fact there was boodling and he bought a frame for a pioture of Brigham Young which was to be hung in the council chamber and presented it to the city and fixed the Mormon ss of bs that way S wayWitness Witness said afterwards he asked Hayken if he got his pay and he said he got enough to cover what he was out for boodle COLBYS ANTECEDENTS Cross examined by Judge Henderson Did Hayken say anything about the furniture he sold the city and the board of education I No not that I heard Who did you have the first communication commu-nication with about this case The county attorney wrote me Did you write Whittemore first No I told N Q Tonkrey about the case when 1 saw it mentioned in the papers and he wrote Mr Whittemore When was that Some time in 1894 I dont know the month Witness was hard pressed but could not fix the date nearer than 1894 about the time Hayken was arrested said witness Hayken was arrested in September 1895 Were your relations with Hayken closeUp Up till 1894 they were You met him frequently in Denver Yes S Prior to 1894 were you a visitor at Haykens house Yes Had you a difference with Haykens family about the end of 1894 Not that amounted to anything just a little thing What do you call a little thing I object to going into this question because the matter is one that ought not to be rehearsed here You will please let us judge of I that said counsel Were you arrested on the complaint of Mrs Hayken She was not the real party in interest in-terest Were you arrested for obtaining money from her by false pretenses Yes that was the charge And you were held for trial and acquitted upon direction of the judge on the ground that they had offered to settle with you and that the court was not running a collection agency Well that is partly true You got 300 from Mrs Hayken Yes And later 100 more and then drew a draft on her for 500 No that is not right The whole transaction was for 1000 for which I sold her a band and lease on two mining claims at Cripple Creek Here court adjourned until 930 oclock this morning |