Show I STAND IN HIS OWN DEfENSE Witnesses in Misuse of Mails Case Attack T Testimony Testimony esti- esti mony of Prosecution Threat Is Cited Cited- Sam IIa Hayden den who with his two I sons Ben and Morris Ia Hayden den has been on trial for several days in the I federal court before United States States' Judges Judge A Andrew Miller charged with I misuse of the mails this morning took tho the stand in his own defense At the close of ot the taking tatting of evidence evidence evi evi- I dence for the prosecution Wednesday Wednesday Wednes Wednes- da day the court dismissed the indictment indictment indict indict- ment meat against the two sons on the ground there was not evidence enough to convict The Tho motion to dismiss the charge against the sons wa was made by United States Assistant District Attorney Attorney Attorney At At- torney David H. H Cannon annon who moved also that t at the count in the Indictment for conspiracy be dismissed Tho The latter motion was 5 denied by the court In so far as it applied to the father but granted In connection with Ben and Morris the sons Prior to the defendant taking the taking the stand this morning several witnesses witness witness- es were called to testify to conversations conversations conversations conver conver- they had had with Morris Stein one of ot the main witnesses for forthe forthe forthe the prosecution The burden of the conversations attributed in part to Stein was that he had said he would make old man Hayden Harden give him I money enough for a trip to California Califor Califor- nia ala or he would send the I califor-I whole Hayden Haden family to the penitentiary CLERK TESTIFIES I Nate Volpert a a. former clerk of ot the tho defendant in the Park City store was the first witness to to the alleged threat by Stein Volpert was ws employed at Park City from S September of ot last year ear until the store was closed November 7 He lie testified that while no books were kept or sales slips made as he re remembered remembered re- re the dally daily sales ranged from f 30 30 to 50 during the week and reached 75 on Saturdays When asked by Van Dam for the defense if it he remembered a conversation with Morris Stein early early early ear ear- ly In November In which Stein proposed proposed proposed pro pro- posed they both make demands on Hayden for the tho price of a trip to Los Angeles he replied In the af af- af lIe He refused to be a party to it after atter considering It over night I and iso so Informed Stein 1 Vol Volpert pert also aso Identified a a. whole sheaf of J Invoices which he had iad checked upon receipt of the goods Despite a stiff cros cross examination he stuck to his statement of ot Steins Stein's proposal and remained unshaken when he was excused Martin was the next witness witness wit wit- ness called He Is a traveling salesman n employed by a a. Denver film exchange and he testified that one day last week he met Morris Stein at the Keith Emporium buildIng building build- build Ing ng on Main street He had known Stein for some time and also knew Stein had recently been to California Califor Califor- nia I asked him why he was vas in Salt Lake he replied in response to a question Iri In cross examination which tended to show how the alleged conversation conversation conversation con con- arose between the witness and Stein THREAT TOLD lie ue loio tOla me ne nau to come to o a case He lie said he was sore because because because be be- cause when ho he asked Ha Hayden den for money to go to California the de defendant defendant do- do told him to go in a boxcar He tie said he would send the whole family to the pen con con- Morris a waiter In the Louvre cafe was then rolled culled He lie Is Isa Isa isa a friend of ot the tho Hayden family and admitted that he sometimes takes Lena Hayden the defendants defendant's daughter to social Ho had dad formerly roomed with Morris Stein at the Independence hotel In that hotel on December 28 1922 said Stein had told him I that If U Hayden dont don't pay me Ill I'll do all I can to hurt him I proved rather emphatic emphatic- In hi his opinion of Stein when cross examined You and Stein have had som some trouble and dont don't speak any more asked Assistant District Attorney Cannon You can call can It trouble if it you want want- to 10 but no one ono speaks to a n arat rat like Stein was t the e witness' witness prompt reply You call Stein a rat was tho the next question but tho the court ruled that the line of questioning had gone far tar enough and the witness was excused DEFENDANT TAKES TAKES STAND San Sart Hayden the defendant then took the stand Ho lie testified he was vas born In Russia nine forty-nine years ago and had been In Utah since 1910 lIe He first engaged in the furniShIng furniSh furniSh- In Ing goods business at Murray but later moved moed to Salt SaIt Lake where he opened a store at South State lie Ho moved this stock to Park City about a year ago and opened the store In the latter place June 23 Hayden formerly was in the gents' gents furnishing business In Felt Ida There the tho store was In charge of a man named Deutch While the defendant wa was absent from Felt the store was burned and he collected Insurance eer every bit of ot which he turned over to his creditors The Tho defendant testified that h his he ht heIs Is unable to read or write In English English English Eng Eng- lish but he can sign his name lie Ho can both road read and write in Hebrew however and anci ho he Identified an an annual annual annual an- an nual statement of ot his business made in that language and translated b by his daughter Lena Hayden and dated January Jan 2 1922 This was Introduced in introduced introduced In- In In evidence over the objection objection objection ob ob- ob- ob of the prosecution which Judge Miller l overruled |