Show CASE alie first of tho tases editor poolina FEES 0 S varian and win on the witness stand interesting revelations yesterday afternoon in the district alie case of the people vs charles W editor in chief of the HERALD wae brought to trial in this case the defendant is charged with li belling the federal officials of the article which is alleged by alie indictment to be libelous appeared in the editorial columns of the HERALD on the day of may last mr heminway Hem cnway conducted his own case and at the sustention of mr court appointed mr J L rawlins of sheeka rawlins lake city to prosecute the case the following jurors all of whom are non cormons mormons Mor mons having been summoned on an open venire took their places in the jury box L parry C I 1 goodwin frank baraton Ca raton jos smith I 1 E spaulding geo corey john keck thomas stoker heury griffith adam kuhn and moroni stone john keck had expressed an opinion and was excused and C I 1 goodwin and geo corey were peremptorily challenged by the defense geo A E barnes andem williams were called A E barnes was by the defense and excused AI stone was called upon to occupy the vacant seat and was accepted this completed the panel which stood as follows L parry frank carston joseph smith I 1 E spaulding thomas stoker henry griffith adam kuhn E M smout moroni stone george bune E M williams and A I 1 stone after the reading of the indictment counsel for the prosecution made a brief address to the jury mr C C richards was also appointed by the court to assist mr hemenway the first witness for the prosecution was mr E II 11 anderson busi ness manager of the OGDEN lie was business manager of the HERALD on the of may last mr C W hemenway was editor of the paper on or about that date he held that position from some time either in march or april till july the editor lias exclusive charge of the editorial department witness could not bay whether mr hemenway was performing the duties on the of may mr ilem cnway was frequently absent mr generally left in charge during mr homen ways absence witness would not know if any person was substituted in mr hemenway s place during a brief absence mr hemenway has never eaid anything to witness about the authorship of the publication alleged to be libelous mr alma P chambers is fore man of alie paper does not know whether mr chambers was engaged on the paper on may the paper circulates throughout weber county and the north witness never saw the original ori einal manuscript of the article in question the prosecution introduced in evidence of the HERALD for may 1885 and counsel read several extracts from its editorial col urn as cross examination of mr anderson by mr hemenway mr hemenway has not at all times had entire control of the editorial department he was frequently absent three and four days at a time does not remember eliat mr hemenway was acting editor on the of may never knew who was the author of lie article referred to about may mr hemenway was frequently going south at one time ho was away several weeks mr A D foreman of the bonen HERALD was the next witness his attention biad never been called to the article in question it had cumo under hi notice ably read it abe next day dues not know alio was in charge of the department on not seeing the original manuscript from which it was published it is ble be might have seen portions of it in distributing it to the printers hardly ever reads alie manuscript sent in for publication cross examined did not say that sir or mr Mill gata always had control of the editorial department part ment doe not always know of changes in that department cannot say whether mr hemenway was in ogden on may does not know who was the author of the alleged libelous article during the hemenway mr anderson telegrams t cetera and when mr is absent he is not editor in fact redirect re direct does not recollect whether mr hemenway was in ogden when the cases referred to were tried before commissioner mckay could not tell whether he waa absent or in town hia own dc apartment part ment to to and that occupies all hie tinie he knows mr hemenway Hc was in oj den during that month but whether he ws in town on tho he could not pay re cooee it Is very probably mr was absent in may witness did notice that during the period of mr trips booth lie was apparently absorbed i some other matter outside of his duties aa editor lachter Lagh ter mra editor of the odde was called and he could not tell who was alio author of the article mentioned Is left in charge of the editorial diemen waye absence did not he article never baw tho manu articia arti cio is engral en pral kept a short time and ie then destroyed drobs examined it very frequently occurs that articles not written by the editor in chief arc published in the editorial columns could not eay whether or not mr Hero cnway wan in may C S varian next occupied the tand his profession is attorney at law and be residue in salt lake city mr dickson is bia partner on the h of may last mr waa U S attorney for utah territory Is acquainted with win who sri a U S of the supreme court lie acted in that office from a urne prior to mr sea Dick sons appointment district attorney witness is acquainted with mr vandercook who is a deputy IT S marshal lie was acting in that capacity at the time of the lion of the alleged libel witness was in salt lake city on may lath the object of mr dickeron coming to Ogden just bofo reMay to hold preliminary examinations of certain persons against whom they dickson and varian had information for violation of the edmunds law in order that the defendants might bo bound over to appear before the grand jury the reason for coming to ogden was because it was the nearest place to the residences of those whom it wae proposed to arrest tho object of coming to oliden was to institute prosecutions under the laws of the united states mr mckay came to ogden at the request of mr dickson and of witness mr dickson is compensated pen sated for his services to the united states with alie fees allowed in all cases the profits of dickson and carians Va rians law business are equally divided between themselves never knew of any agreement between Dic dickeron keon mckay and vandercook Yan dercook to pool their fees by the court what is the sum total of mr Dick sone compensation for services rendered the government mr varian six dollars and out of that he has to pay his assistants si stants examination continued witness was employed as assistant district attorney with a salary of per month commissioner mckay was requested to come to ogden because one of the commissioners hero was engaged in a business which rendered it improper for such cases to be brought before him in regard to the other commissioner witness said they dickson and varian had their own reasons for not bringing cases before him it was because of his neglect in attending to bis business and other matters witness did not think there was any spoils to be obtained from the ogden cases in reference to the charge of stock jobbing if there was any it was on the part of the government cross examined by mr hemenway had occupied the office of district attorney in heyada came to utah in 1884 mr hemenway why did you come to utah because I 1 wanted to are you a professional prosecuting attorney no sir are you intimately acquainted with mr vandercook no sir I 1 think I 1 understood you to say that the object of dickson mckay and vandercook coming to waa to bo able to try those cases at the nearest point to tho residences of the arrested yes sir was it not a fact that the grand jury was about to be yes sir aliat was the necessity of bringing these cases before the commissioner at that time was there any danger that the parties you were about to prosecute would escape yes sir I 1 think there is always danger in that kind of cases how long prior to the time the prosecutions were brought did you have evidence against the persons who were arrested A few days probably a week or two was it not several weeks very likely how many days before the grand jury was did dickson mckay and vandercook came up to I 1 do not recollect exactly I 1 understood you to eay yourself and mr dickson were partners yes air and that you divide the profits halt and half dessir Yes sir yon said once that you received per month on a special appointment yee air was that in addition to the half you got on your partnership that went into the partnership and was divided also well private fees did you put them in a common fund yes sir then you really pooled all your fees dickson and myself yes you pooled your fees yes sir did you then in pooling your fees in that way do anything unlawful if it sir wag not wrong for you to pool your fee in that way would it be wrong for other parties to pool their fees yes sir do you mean one official with another I 1 mean mr mckay and mr vandercook yea sir it would be corrupt di houett and the law why could it bo against the law because it would well I 1 want to know why it would would be against the law well mr mckay is a judicial and mr vandercook Vao dercook ia a ministerial officer for the latter to pool his fees with mr would be a for them to increase the fees the law in bringing unjust prosecutions against the peo pie for thie purpose would render the public unsafe from illegal and trumped up charges doea the law make no provision for the punishment corruption I 1 think to u know well I 1 cannot say for certain with out looking at the statutes Is it not a fact that mr mckaye income is by the number of cases tred yes that is lie gets more fees then of the larger number of fees he the larger hie calary yee then it was to mr mckaye financial interest to come to a way it not I 1 do not know did he in every case tried in den that he otherwise would not have obtained fees pertaining to the what o 0 he amount ofilio fees in each cabe I 1 cannot exactly do you know the approximate amount my recollection is it waa 5 or 0 bollara 1 case in one of them it probably reached ten dollars then a fair average of the amount of fees in these would lip about 7 dollare each do you know how many cases there were about biye according to my decol how lone wag mckay up J think ou r or five abc OW would probably he hio expense during hip h eay here would it be four or five dollars a day I 1 do not know exactly what would liis ordinary be three dollars a day I 1 suppose Is it not a fact that mckay travels on a free pass I 1 do not know what was alio fare from salt city to ogden at that time two dollars now assuming that mr mckay examined five cases averaging dollars each that would amount to 35 and assuming that be stayed there five days with 3 per day expenses that would amount to 15 wo will add to this amount 1 railway fare and the total amount of expense is 19 then mr mckay on fee made in ogden cleared the difference between 19 and yes sir well now is not ag for five days work a fair remuneration no si r yon stated jn referring to the pooling of fees hiir ever thought offin h a thing dessir Yes sir how do you know that nobody ever thought of buch well I 1 know that we never did jo you knon mr never thought of il yes sir you do do you know all mr Dic keone thoughts no sir then how is it possible you know be never thought of il well from my general acquaintance with and observations of general conduct of men yes you think yon know but you do bot then you think that no one of aliese persons who came to ogden ever thought of such a thing far as I 1 know you said that if there waa any stock jobbing in thia matter it was on the part of the government do you know that the government was stock jobbing that I 1 baidin a humorous way 0 that was one of your bon one what what was the last word bon jokes 0 yes 1 am not acquainted with the french language wm M mckay was called and sworn lie is a united states commissioner of the supreme court of utah his jurisdiction extends over alie territory came to ogden on the of may last came here for the purpose of holding preliminary examinations in unlawful cohabitation cases lie came up on ir dick sons suggestion did not come here for the purpose of gettins fees he came to accommodate mr Dickson Did noi know of any agreement for monopolizing the unlawful cohabitation cases cross examined by mr witness was born in scotland before entering oa the duties of a commissioner he practiced practised as an attorney at law Is at the present time a member of ahn bar in this territory has held preliminary examinations in nearly all the prosecutions for unlawful cohabitation in salt lake city mr Hero enway ilour many cases were before you in ogden I 1 think four how much did the fees on those cases amount to I 1 think about ten dollars each case why cannot you state it exactly did you not know this case was com ing up did you fail to look into the matter did not give it any thought until I 1 in salt lake city this matter was of no consequence to you well very little it did not injure you one way or the other I 1 doubt whether it injured me dont yon think it did you some good I 1 believe it did now mr mckay what was your probable the time you ebaid here well I 1 think may be it was about from seven to ten dollars a trip f asked you how much it cost you to live I 1 think it cost mo 50 for four days now what cost you 50 that was my own expense what did you expend it for that is none of your business answer the question sir to the court your honor I 1 wish to find out whether lie ebent money honor instructed the witness to anaker the question sir heminway Hem cnway what portion of this 50 was for lintel expenses I 1 should sav my total bill was about seven dollars per day seven dollars per day where did yon atop at the hotel yes sir what ie their usual charge I 1 cannot say but I 1 thick charged me three dollars per day now you were here four days is 12 dill you have any other nee expenses on that trip yes sir all he cost of living is according to my notion a necessary expense alie court naked what mr way was trying to prove and he stated that he wished to show that the other four dollars was unnecessary expense 1 he court stated that would bo a matter for argument mr yea sir we must discover where that four dollars went to he witness now mr mckay you understand I 1 do not wish to inquire into your private affairs I 1 want to know how much of this money was expended outside of necessary expense it was all necessary now you fay mr dickson spoke to you before you came up here did yon kaow there were two oher corn yes air did you know they were qualified to act I 1 know nothing abali 1 them I 1 did not inquire I 1 did not care you did not have any respect for for the tacit rights of the commis Bion erb I 1 do not know about the tacit those commissioners you did not take to inquire whether or not thero were other commissioners up here but you havo the chanco to pet the fees in ho ci they caro e up I 1 did not inquire you did not care whether they got any fees or not it was entirely immaterial to me further stated hat he caine to aden according to airanne t etli mr dickson that lie left s business in salt lake city to como mr mix came up with him bui ind not remember whether lie as witness or not 10 am on friday was hen this morning a large audience filled portion of alio courtroom to he use of spectators alio cross examination of mr kay by mr was continued witness did bot understand from attorney dickeron that it was necessary to proceed in those cases at once docs not recollect whether alie grand jury was be direct witness brought hie wife and aon to ogden that was the cause of hie hotel bill amounting to seven dollars knew mr way waa in ogden on alie and icah of may re cross by mr heminway Hem cnway do you know I 1 was here that day yes sir did you gee me yes air mr hemenway stated to alio court that he was willing to go on the stand and state that he was in ogden on that day and also to testify 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