| Show RYAN AND HIS 1HE Invtgaton 01 tho Charge 01 Llbl Against V D Drooe cisi bolt TIM 1iioHicunoN 1 1 The tllj Walcrnorlii Suitrlnltnilrnt i 1rocfdl tu I Exploit llotv lIe llailtn 1 td lo hrgrtgate tie Aceonnli I ThecharReofcrlralnalllbillDilltulel byHupcrlnteudent of Waterworks I W U r Ityau agalutt W U Urucr aria I Ing out of an affidavit sworn to by the 1 latter and charging dtihonitly on Iho In lola tlltcltl I 1lrl I of the complainant olel1 capacity wai Inveatlgaltd before UI Coinmliiloner Urreuman thli morn log The clrcumitanrte leading up to thu prcicnt procoedlugi have prevIously prevIous-ly I appeared In Ibo columns lha Mews Ten oclock wai Ibo lmo col for time comrnanoemeutof tha bearIng aol at 1 that hour tbcra WOO I large crowd of Interfiled artutatora on hand anxloui tu Ivarn all that WM about Iranijlre Owing t < > lIe limited aocommodatlon which Commluloncr Urcemuani of Icu In Ibu bid Watatth building o oid > 1 wai arranged ti tlbelnve > ila lion ihculd take plica In the bongo Irt meut adjoining and which foiimtrly did icrvloe ai the oHlcuot tha Third dlitrlct court Irlor to time removal of Ibo coutla lo Ihu Douly blo k Ami tig thote occurring nial wires IIUI r of well known lowuimtn Tnu proiecullon wa > conducted by County AIry Murphy ULI Attorney Attor-ney J 1 I lleuiiy Moiuri Wllllami and Van Colt repruieultd the don daut who occupied a boot ller bl VOUIIftl uccu1loI The lompUlut alleges Ibo Druca mtou Auguit 2nd 1H03 in the ely aud county of Halt lakv wilfully 1 it 1 unlawfully un-lawfully ubllihfl aud oauiid to li lUbllibud aud exhibited a lobe lImb Injurious itatuacul and aflldavll charging dllunety ou the part of W 1 Ityin with Intent to Injure him ThdelId3ul atlurtoy lot lu an NAerocu oil limp aud the commit alouir uaa ready I lakuuplhncaie then nnd hero but Ibo court after waiting In vain for the cuuiing uf Irotvcullng Attorney Murphy lur over halianhour luggnled that an ofllter bu despatched alter 11m Cnn Hivrlll urai auordlngly ilirltd uu that errand but very Miurily 0 bolos rdu M > in Murphy cud Diuuy nuturalltetJ Attorney Murphy lint held a private oiiivutallou I with comjool l for the de I r fh I oJI feme after which I he 1 aarnunced that Attorney Denny lila unholy would conduct lha uxaniluallou ol tbu wit I nt > iei lot Ito pro > ecutlou Attornty Wllllauii cjuritloned i wbethur lou alatute emjHjWerud Mr Murpby to do lImo > aol on loIs polul Ionic Ulicunlon ores Who bay 1 him for bit aervlcet asked Mr Wllllama That If I tako I a miler wblob coutuel for the dafentu hai I uo right lo Inquire Into rfjolned d thn rounty attorney floe OhouhlOO II I whether 1 have a right tu appoint I n deputy county attorney I maintain that I hove a right uuder tbu atutu to employ I dpul or any number of thtra unjust as longer abort n lime 0 I tee lIt Solely uo qutatlon can ba raltad to thu ullOh tIllO mOlt by my lelf of a reputable attorney under luih clrcnm > inricii Mr Wllllama It ll not a iwrional I oljectlon at all Mr Denny li not a pointed I nor altemiled to bu atv iioinled ai a deputy within tha mean lug of the itatule The law aari that when appointed hu la la L a ° itubllo ulllcer Ill obvlomuiy unjuat Iublo a proiecutlug I oliorniy ihould bu ap pointed fur a particular caiu that t hould be private oouniel j tu any Individual or pnily The ijueitlou which aroMi here oouuael I ald wai Were Mr Denny itrvlcei to L I paid a for by n private Indlvlduil or out of hoe county lIe defendant had I rlpht lo know bucsuae hu waa not toiled lo a proiccilllou at tha blots of private ludlvlduali und private noun > el It already ap > red here that 1 Mr loony wa 10 be appointed orally In court for Ibis cnio merely 1 Mr Deuny wai 0 volunteir uvobjaoitd tu hla appearing I limo 101110 counsel added could lake rare ot r lUtlf Mr Vnti Colt remarked that I the proaecutlng ntlorucyi prment plan were to be adopteda cafe never would bu dlimliied A publloofllcor ibould be Impartial and not retained by private pemoni Did Mr Denny coma here retained by Mr Itjan or Mr Hhnfer exiectlug private Inc from lha proiecutlng I wltnetiM II In this I coon or rI reset tIn tie public fair md Impsrlimllynmody to dUrnlii Ibis case If the charge moos not made oUI The county attorney believed that Mr Denny would not 10 act or be hlmielf would have thought having till iervlce1 The Conunliiloner afttr unie fur timer eonveifatlou tald Thli hilug a I prtllrnlnary hearln It la I not 10 rx noting at a am on trial yet 1 think It ll tho duty of tbri prnnooullng I attorney to boo berm 1i i orilo rnjulre hla h regular deputy to L but If hi wlihca lo have Mr I unny 10 alvIn and coo soIl with him durlnj the prnijren of thli luve tliatlou It 1111 I a preliminary one the court will not oijeLI r Old 3 li kN will do no harm In the matter juitke to Ihu defund 1 ant I I were not a duo on trial It would of courte lao tube tu-be governed entirely by the law and the objoclloni of couuii Hut I think proivoutlng attorney khould tu prevent all the lime In order to have Ibehrarlngconduoled In a proper manner TKOTIilONV loll TIC PIIUSWUTION Tho taking of tubtlmony wai than be 1 un Tho lint wIlt wai iOn Jnlin Q I Cannon editor of the OIBKIIIIT N > WH Uo 17J1 ihown a clipping of tuu nlllda 1 VII f wlihe NmtH ol Auviut bid and aiked Have you that illldavlt with you youWllnuuNo aIr I have not 1 li lIne 1 not been In your pollution ANo air not at any time 12hiovu you over icon that all I dovE Di AN fir Illo you know where tho original Ii I 01 whlen thin Irlllir nflldavlt woso copy U I kbllihetl In thoU article o0Ntm sIn I do not 1 latbn lisrmr NIWI publlthed under A your UvertliliiKtlint nipervlilun li I and iibiltlml t approval In the DraciiMT Mesa li under boy luper vhlon aol with my approval ulor Mr Van Colt ObJIllo all title at 1II01I > Ielllllld Immaetlal 1 the pro Mullon ha laid Worn going lu Iolnl rlurna that Drum had libeled Mr Itvnii Ihtt did not prova II ino aflldavll TOI uot even ilgued by Drucu 10 Mr Murphy laid I Ill were the only link lu Ibo chain rf evidence II would not prove the libel 111 I there was more behind 1 woull L piovrid that the defendant did make the ably Doll whether ha idgnvd I or not and tho would prowoutlon alto ihow tbat Druca patted with that ilatemcnt under olrcumitanni which rendered II not only likely but ceitaln perioni I that I would be read by other oommlwlonor Mid I thai were Iho ctw the evidence would bo admitted ad-mitted for what It was worth Uountel then ngaln abed Mr Can nOl wliHhor he I had any knowledge nf Iho whrrrabouu of 0 thn original of which tlilinlllditlt woos a oiiijor who hoot or hai hud I nnJ iOu wltuau again auiwrred In tbo negative John E Hanto city editor uf Iho NKMS wii the next wlinr He Ill Hut hf wrolu the article In which the allUavl wo ernuidled lltfora he wruta 1 hu bud > en thu original document of which the printed allldavlt I puriKirlid lo tu a copy In the hIm 1OI0C 101 II hoe notary I m iibllc Mr Hmllh Mr Druoawai thin prewiit VllncHoolcd Ironi limo orlrlnal He hot had no prevbui converiallun u i i Drucu that day nticctlng limo matter Jirlnr lo going the uotaryi oilier tbblow did you happen tu ea If linllb olou lu like a copy 01 10 Ihu allldavlt AJtsl ai a uaMnpnpcr man liappeua to full out and feu a good luod many other Ihlugi IlWho luggrited that you ihould go liiHmlth oiitre and get a copy of thaalllJavii Couuiel for Ibo defame objected to ttilf aol t the ootumliOoncr held that unlna Druca 111 clod I hlinielf tho ijuiilhni uuld be Immaterial To Mr Willltmt lr WIInl1 believe bRute had left Uforu I login to copy It however I am uutaureon that olnt Jam M Hmllh uutary nibllc aohh that on Aiiguil bud Diucr In Ihu cubIc of thu 1uoplua 1orivurdliig com puny on Buoiml Uoiith atreel algneil I the original iflllavlt 01 which Ihe newipaier I report wai a copy Druce wai woru before he lined I It There tteluatioLrMenl the genlleinan I who lt ntd il hl drew up the aniJavU bu believed It was Mr Hanten Councilman 1 > J bId and nil clerk a Mr Hmltli The writer the allldavlt reud HtuDiuc < before hlnlgnalure wa Httiohetl ll wniitani > ed will lbenotary4iealnad wltneM thin went away leaving ho penile I together A note hal been lull at I Wiimmeeu yule re < ucitlug him to gu to Mr lUcli Ullcr IU Mr llauien recalled by the protection prote-ction wit aiked Have you any knowledge of tba preterit whereabout of the original document of which you under COP 1 Al bavu not Mr Murphy tj Havu you any knowledge at to who but Ihecuttodyonouiatlou of It llotl ol 0117 Ai have mitt the silglmlct Mr Van Coll Who aiked you to write out that atlldavU AMr Haillb the notary did Mr Murphy Did anybody elie askS ask-S 017 ANo sIr ttoVo II filled by anyl uJy there that I a copy WM nqulred for publlca Ilto ho I the I Nyse Wltlirit Nv stIr J Wailltuggetlod Alio air 1 was anxloui pro en a ewpy however at a matter of loW MrW H IJin Was then called and laid ha Ind been tuperlntoudeut of waterworkitlneo I April Ic 9V Merirt Druce and Mbafer weru lu hli employ III Juno tail WhInes eiplalnea that between Juno bull aud 10th he em ployud Hbafir lu 150 up City Creek aud du certain cleaning up work there Druce ova engaged Ilull help I Hhafer I to clear the debris from thu ttream Ibu tunnel road rIo Undirected them lo work about uluemlleii and a half up lImo canyou Drucu was to recrlvn t60 met day aud Ubafer 324 and board the ooo lee hey were to camp out In a tent there Hu cell raw them between the lOlh aud ShIll ou Ihu U ever glva orderi to either of them to do work ou any mining claim either In City Creek cauyou or eliewherrThey weru lo work eight hour 11 > day I Klufer told wllnen that ha wltbed lu do solo work on the mine but hu I aniwrred that hu would rather he did not although Hbafer said be I would I work before und uft r IsIs regular hour for the city He wai fraid that aome thloi might ba laid about II Thu I inlnuwnnfonimly called tha Moroni I Lul be uudtr < loud I waa now uauied limo Mogul Have you ever known aiked Mr Murihy that Drucu or Hhafer worked In I thu limbo when they ibould bavu hoe work for Iba city bieu working or WltniM replied not until the day I upun which time allldnvlt wai madn Whiii hu ilgned u thu city ayriilla I < 0 < Upon tlieMii hn woo not aware that they lpll worked looms J than elgbt houri per day for lie oily and hu loud reul d uu mob lUKgetllon 1 met Drure this weak geld llyan nod aohed him I hn I had made any inch uuvrtlona an weru contained In the aflldavll nod hu merely nodded hit linad then told him I hu bal any complaint to maku bu ihould go UMoreaewmmliKiloiirr acd mike I To Mr Wllllami will old that Hhafer had bun lu hla employ a Illliu over tnujiarr sod had bob tmmOlvltmh jiS5 PIT day which woo a little over Ohio ordinary pay becauie hu wai a blackimlih aud a tinman Ho I wua now reed Ing f3 per day upder time rebuilt runcliment Hlmfcr recommended recom-mended > rueu an 1 aulilant and wUneu In I I 10 him ai foreman I > nngaKiilil I Wltueti had aomfourlh lutxrutlu blobs mine which wat located lo-cated byrihafer Nu work wit done tberu under hit direction Wltnru bollevud that when hu went up Ibo oaio ou hu took a tape Hue with him I AM Iclhl aeloeil MrWIIIlm7 for tho or PUrPle of ftiLIng oIl claim ola cl11 and ontmounioogIIdejgo olabaI I Wil 1 moot Ib1 10 know of Jut that Ihrru wore a blackinilthj forge plckr ihovel drills LIchoI elllh but Ibo mom u Intended I tu uiu tbif In veollolog lor time cloy Wltnwi ttood Kood lot cool llmbera that Hhafer flight I Coil oln Hhafer laid he re 1ilrrJ 10 lulllI I hle bl IlAol your hUm Vrll ye 00 iaU Mr Ityan and myihalt l lie bellevrU the lumber WM tent uri Ibo nnyon by one of the oIly Ian that wai eolng that way He believed glimot owder Woe alio taken nn there Ached whether the arllcln for UM In L ho mhlo wore not wuht at Cun n nlngloii ACot and otiirged la I lha cl Wlttmeu sold they mete cIorgooi tow hm1 k oe UIrlllrd11 of to-w tu tUhhllh chug ndo hy Do ore boy lIllhlnlo 10 111 3ouf Kollg 10 Cnollogtoll h Co lo look theIr bill ettel 1 Mr OVibhbote WIIIIII Will hIl load UI wololiol III tee I theme woo any foundation for Druoea nccuiatlona agalntt him 1 lore ma moo rtltl Ketoenl will ui 11 Shafer for thu hailer to 11 1 will ao MMmeut work In the mine Mr Wllllami caked the wltnna whether hn mill not on the evening of Auguit Sod iubiiiueut lo tha ubllcn lOb of tIm I Drueu allldtvlt lu the DranifT Mew BU to tanning tan and have arllclea Iho bill MgreualeHl and If It were nut true Hint porn ol Ibenrllclra In I iue > lluii wore paid I for by him on Ibotmemooboo 1 WHni M antwercd not for him but Ibey were paid fur 01 QonllontJ further aa to whom the liaymenl wai made 11011 by witnttt Mid 1 wil by Mr Hhaler Tha gooui weiubjught early In June IA LUlbl hlmelf end clek 10 credit limo hills ut lobs dfjinrlmenl ou hoe lint of ttioh mouth intitiilfhtto ho Ulchaw bul In thli rate no tuch action wai taken either on July lt or Auguit lit I Court then ajjnurned our luncheon ATM IIMMIV l > Milt There was another Wuirltomn delay tub alteriitfon again uccailontd lv Mr Murphy failure to silicon on lime Tbu luvHtlgatlon wai retumnj ai folluwit Mr William Who hold loot recordei for recording the Mogul III hl 7 ItjanI dont know I cannot sey Wllllamiriuppufii It should appear on record that you did ID what would yon asy 1 lljan Such a thing could moot at pear on record Wllllami you mean 1 ay that you lull1 h did not locale Ihu mine lu II pooe j llyan heiitatlngly No I dont mean that Wllllauii Now dldal you really IOMIO thli mine I yon again hiallallnOYw that la to lay I did e ai the Moroni rnlur iutillunwl at to linlcoi or wlln n iaU they were hlmnelf bib r Btulei Mr Moran and Mr lOok Wllllami The Moroni and Mogul bob unsarm the come are they lIul7 Ityan Vi air ii verifIed rmoe oIl 1 ni to were then producw by Mr iVIIII l lr nod tlin ilguatuiu of Drug on our dlitlnct payrulli wai Identified 1 uy Mr llyan 01110 1 Croc viirnlned by Mr Murphy wltntta Hatcd that a jurtlou 01 I u IlnmIor uied In I the mill was nrdereu by Mr Bhaf r from the Hlarra Neva fa Lumber company The lumler woo charged totheclly Akaoou hcwcver ai ho aaw Mr Drurei allldavll lie had the bill eorreclrd by having Inlll part eif the horn taken oil and charged directly lu him making I an Indl vldual obligation The limber oblialon e IIILr wai uJ I In the mill llegardlrig the MorrlionMorrlll bill of 260 for lumber bu paid that hlioielf I hIDII When the Cunulupton oimpany bill came In hli olllco be found the arllclet bold aud powder nej la the mine were chirgrtl to him ai lupatlntendent of OhIo oily waterworki Mr WllllmVuil that meaui the oily tic It not hlysimIt meant me MrWHIUmi Nowltwatcharged to Ihu city waiut ill Ammawarea or lIu llyanyec Attorney Wllllami That li I lull what I wanted to bring out And you had Iho bill charged on boo 2nd lout davll after tlm ubllrallou of Drucu i an llyan Yei I wanted 10 get all the Information 1 could on the rjuettlou Tie lumber bill and uiyrolli were hero Introduced lu evldruru J It Hukv ntnlitant saberS liilendent of cloy wuterworki then lenllfUd that he lad talked WIll Drutu un August 2nd Thu latter told him You 1Ir 011 111 01 and Hilly llyan have been JY1 bou making a big Heal rolihu oily out have got I In for 10u 10uMr WllllamiDId anyooe boor I Hoke A Reullemau named Hauiuel Ualleaul appeared on Ibu fctiuo toward to-ward lImo clutu of our talk Wllllami A t eenllcman did you ia > iaHoku Yei tlr Mr WllllamtHow did become 10 appear at that articular Unit ITie Jtohel dont kuow uulem I hu thought hu could catch u dog Thu can had not oloied when the NLWU weal to preai |
