| Show IE TAKES THE W the prosecution rests its case INNING FOR THE DEFENSE bearss check was reported to the board of commissioners and deposited in a special rund explains tho management of fires and salutes bobinska Bobin soa takes back his first affidavit so far as staying qualities are concerned the devane investigation Is entitled to first money over any matter that has come before the fire and police board since its appointment yesterday was the fourth say 0 the hearing and when adjournment was taken at 5 in the afternoon only three witnesses biad been examined for the defense and chief devane was still on the stand direct examination in his own behalf ten or fifteen minutes more will probably conclude the direct examination but unless the signs all fall chief devones cross examination will occupy the greater part of today to day and alie alon of the hearing will not be reached until tomorrow to morrow it was 1030 yesterday morning when time was called by chairman and tho investigation began by the complainants calling T V chapman who that upon lie day of the parade before alie members of the convention the chief was in uniform joe 0 the oxford saloon testified that wan in the t alotti with chief boncord oc ogden pon the laj of alic iiara tle air sens remember whet lier mr devane waa in uniform or biot THOMAS WELCH TESTIFIES thomas nel cli one of the recently discharged members of tho department testified li aerial truck could not be properly manned by two men he also testified that mccarthy waa ab cent from the department tor several lays at one time but ho know whether h received pay for the lost time or not welch further testified that he was suspended prior to his dia charski and reinstated by the board air lippman alion were you first from the department mr welch off die of last september did you have a rial on that charee mr power called the attention of the board to II 11 what date was that february ath state whether a few days after that reinstatement you beard any conver between sir devino and mr pratt and it so what was the substance of it as near as you can remember mr zane wp object to this as not in these charges this objection was argued at some length and then sir stevens cald 0 course you will concede that in fairness we can not admit the evidence and will have to t o proceed mr JL ippman do you remember the time sir bates was tried here mr welch I 1 remember the time he was tried for breaking a role in the hose wagon what do you say as to the character of the team that mr bates drove at that time 1 I consider it Is a team that it would take an experienced driver to handle they wore balky and hard to get out of the house do you remember before the trial of mr bates that sir devane came to you and asked if you would not testify that any one could drive the team yes sir what did he say he asked me to testify that the team was an easy one to handle he knew at the time hat the horses were balky did he not yes sir and yet ho wanted you to swear that any one could dilvo the team yes clr do you remember having a conver with mr devane on june ath about the influence he had over the police and fire commission yes sir state as near as you can the sub artance of that conversation INFLUENCE WITH THE BOARD well about two days after dark was laid oft we were coming along the and saw dark he was looking kind of mad nod I 1 remarked about it to the chief the chief said it would not do him any good to look mad that any one he did not want might as well get up and BO that mr salisbury did not accept the position on the board because ho wanted it but to help him out he said any man he aid not want there might as well go because if he went before alie hoard he would have to go any way he said he had seen the mayor and the mayor had said that any member who would not work in harmony with him and chief pratt could not be a member of the department what did he bay about having the members of the board in his inside pocket he say inside pocket he said he had them in his pocket at the time that dark was laid oft and you were put in did mr devane have any conversation with you yes bar state as near as you can the nature of that conversation he raid welch you are appointed now and I 1 want you to be loyal and true to me and anything you hear tho men saying to my back I 1 want you to come and tell me there are some A P A s here that 1 want to get out he wanted you to act as a spy did he A kind of go between I 1 guess me zane now tills last conversation you of you bay eliat mr devane had rotten you in mr welch yc s bar and wanted you to bo true and loyal to him yea sir that was a part of it and that if anything happened in wanted you to come and tell ailin he said bat it anything happened among the men around there it they were doing anything around to his back lie wanted rno to como and tell hini you told him were A r A men in there no sir the conversation come up ico and you told him that the A P A I 1 were after you oli no they are my MANNING ON HIS OWN CAKE john manning testified that he was alck tor a period 0 six mouths and was reduced from a lieutenant to the fanlo ranlo when he resumed work manning further aliat lie had never naked nuked to be restored to lila old position want it and tale it it it was to bins adding that he entirely aeu yet mr lippman l great bur biln would testify exactly opposite to what h had done did you ever state to any members of the alro department that you were displeased at reduced to ran kg mr yes I 1 did the witness answered and you were not put bade to your lormer position no who was elven your placa mccartlin McCart liy llew loae biad he been there about six months are you able to resume your old po elthon now no I 1 am not I 1 am still a little hard 0 no charges have been made against you for non hearlie no on cross examination manning testified that ho wag carried upon the rolls d urine his illness and as ho was not ablo to resume hla old position when hi reported for duty he consented to another man being put in ills place in conclusion he that lift had no complaint to make against the achler you signed your name to charges you ir lippman asked yea but I 1 know what I 1 was doing you know you were signing charges against the ahlet no I 1 they asked me to sign it and I 1 signed it but you bet I 1 dont do anything like that any more it read to you no know what it was until I 1 saw it in the paper amr zane who brought the paper to you or your signature i mr manning amos SIo reton ho said sign it quick and I 1 signed it C T vail a member of the department that in his opinion there was too much water used at the IV altner alre also eliat he had seen smoking upon the apparatus floor he testified that there had been a lack of harmony in the department part ment since abe inauguration of the fire and police hoard laughter chief devinc you say there was too much water used atthe lire yes dont you know that tho smoke was so dons that the nrc could not be seen at first 1 I dont know how it waa at first but when I 1 got in I 1 had no in betting to the dro you have heard me give directions ions not to too much water yes do you know ali it ilis IL is a fact that the use of water at a lire largely depends upon the judgment ot subordinate as the chief cannot always ba present yes that Is true in answer toa to a question put by mr stephens vail testified that there was a bener 1 l of unrest in the de apartment zane what has been your personal relations with the chief pleasant up to time that tho matter of only one day oft in twelve came up amr lippman DM you ever hear mr say anything about gettens ills old position back yes lie told me several times that I 1 e intended setting it back and thai lie mould take the matter before the board at this lime judge in the records of the board showing all charges mada against members of department by chief since his appointment and adjournment journ ment wag taken until 2 SESSION at the opening of the afternoon session ij B rogers an agent was called and testified that reputation for efficiency in the fire department part ment was bad he also testified that he was of the opinion that too much water was used at clasby and alres sir zane are you one of the insurance agents that opposed sir sir rogers I 1 am i chief devine did you ever pay less losses than you dh last year mr rogers oh yes I 1 so do you know that the total loss by fire last year was lees than it has been tor the past five years 1 I did not but I 1 dont see that the chief has anything to do with that mr stephens upon what do you base your testimony as to air devines inefficiency on ills actions at alie clasby and alres particularly john allton donnellan was then called but after stating that he was not present at a conversation which judge powers desired to examine him with reference to he was excused and the complainants rested their case well I 1 want to examine him chief devane interposed and the witness was then asked the following questions mr devane you have had some dealings with the fire department you mr donnellan I 1 have have any courtesies been extended to you acs all that ifould have asked tor abram H cannon who Is connected with an insurance firm was then called by the defense and testified that clr devines reputation tor efficiency was A L jacobs another insurance agent also save similar testimony and added that be had always been treated courteously by the chief DEVINE TAKES THE STAND chief devane was then called in his own behalf and testified that he was first appointed chief of the fire department part ment in february and in december of the came year was pointed by the fire and police board the ivan relative to smoking chief devine said did not apply to him as he understood it although ho did not make a habit of on the apparatus bloor on one or two occasions lie had been called out of the office while smoking ind had taken ills pipe or cigar with him he denied that lie ever refused to salute any member of the department who saluted him but some of the men had failed to salute him As to the chabi relative to the sears check sir that deais came into his onice and gave him the check but did not in dicato how he wanted the amount spent devane then told him that had a fund in his name as chief engineer and that he would report the donation to alie board after which he deposited alie chedic with the remainder of the fund he reported alie receipt of the check to tho fire and police board at the next meeting and also told the newspapers about it he did not deposit the chock top about ten days for the that the bank when he had the fund deposited state bank of utah was a little out of tho way and lie often checks that length of time before cashing biem AS TO TUG LIPMAN FUSE As to the lippmin fire the coilet thua when hn reached the alie wan coming out of the front of the store in huge volumna aal plate gaass was breaking the alra was a hie rear of the room aal two men broke the glass out of one of the front doors and bot in later tho door ans broken in anil ihen came an alarm eliat the lire was breaking out in Cl abys drug store and alie kentucky liquor store he alien ordered one line of hose into the front door of lapman another line on thereof the roof a third alno into the liquor aloro and a fourth in the rear of tho brur store hla aim belac to keep the alre from spread ina they did from the time they arrived the danere woi from the liquor in the kentucky com banys place of business which adjoined lipman Waller on tha rast but tha stock was eaic d at anre the chief that when th dc pertinent arrived the smoke was BO dense that it was liepos elble to discover alio llio location of the lire he know jual how many reams were playing upon alie lire but he ordered the hoso laid out not know the entire basement waa on lire the alre extending from one end of the basement to the othar the graat er part of the loss at the anre was from emoke anil heat at the rich fire the only thine to do was to drench everything thoroughly as there was a great deal of grain and hay in the ing the alre kept breaking out ot intervals for several days and mr presented a check to the department for its efficiency with re lallon to ilia steamers being out of service chief devane that the steamer at house no 1 was out 0 service when lie came in belner only used on second call the teamer it house no 1 was in active service nov but hod been out for borne time in 1894 owing to a lack of horses and a sufficient force alie liose waa taken away from aliouse no 2 for the reason that there was a lack of in eliat district and a one horse hose red was placed there because of that tact chief devane was withdrawn at this alnis and joseph E calac an insurance agent was calleia cal leil he testified that the chiefs reputation for efficiency in the fire department was good S W bears was then called and testified hint he was acquainted with insurance rates and eliat they were lower here than ever before on cross examination he stated that the reduction was the result of a fight among the insurance men chief devane then toola the stand again and continuing submitted a list showing how the men were distributed on the various apparatus in the department As to the charge that he patched up the apparatus lie chief pleaded guilty as a s he also did with reference to tile twenty foot ladder on alie hose wagon the climet testified that he visited house no 2 talce a day and then again visit it for three weeke eliat station was under the immediate supervision of captain sullivan although assistant chief donovan made it hia headquarters As to only two men being left at house no 1 on one occasion the chief testified that t was the fault of captain sullivan who arranged tho schedule and was in charge of the house TREATMENT OP THE MEN with regard to ahls all ment oc tile men chief testified thai laiq only mistake lie had made was in too gentlemanly and too courteous t them As to the alac bcd lack of harmony he chief that when ho asime anlu alie he learned eliat captain J J sullivan and assistant chief donovan were not on rood term alao found there were two factions in the department a part 0 the trouble out ot religious elices As soon aa he learned 0 the trouble between donovan and sullivan he endeavored to ratch up the differences later captain gilbert came to him with a cigar which had horse hair inside of it and said he waa sick rom it he also said that donovan had given 11 to him and the chief told donovan that he think it was the thine to do at a etui later date donovan and sullivan had acme trouble over some flowers that had been set out at house no 2 and the chief had some words with sullivan about it As to the charges upon which welch waa suspended the chief that assistant chief donovan made the chances against welch and suspended him tor the alleged reason ahat he left the department without a leave of absence alien welch was tried however donovan admitted that he had given welch a leave of absence and this caused an additional coolness between donovan and the chief in slay last lie and donovan went and talked their differences over and decided to get alone better to e ether in the future since which time they had worked harmoniously together the charge of favoritism was then taken up and the chief testified that mccarthy vent to upon his permission and remained two days mccarthy had not been oft in six weeks at hla time As to william jordan beins by aa holse hol se and to put on a substitute the chief festl flod that the physician told jordan that lie was able to work but he insisted on laying on any way and a man was put in his place the chief then denied that burt ever had been an engineer and that lie made bywater engineer because he was an experienced perien ced man and had filled the same position before As to john manning having been reduced to the ranks after an extended illness the chief testified that manning |
