Show IN ALL THE COURTS The CarlsonDyer Fizzle in the Third District i I IS MARRIAGE A FAILURE V A Sensation at ProoE A Ballington Alleged Al-leged to Have Been Implicated In the Attempted Ncphi Bank Robbery There were but two cases before Judge Sandford yesterday The first was that of Shulsen vs Jensen in which the plaintiff obtained a verdict The other was Carl P Carlson vs Frank H Dyer as receiver of the late corporation corpora-tion of the Church of Jesus Christ of Lat terday Saints The claim of the defendant defend-ant was for 5000 which he alleged he had deposited with Joseph W Young as agent of the Perpetual Emigrating Fund company com-pany in ISM and which was to be held in trust for him Mr Winters appeared for the plaintiff and Messrs Williams VanCott for the defendant MrWilliams objected to a jury trial claiming that it was an equity case The objection was overruled over-ruled and the following were called and accepted as jurors John J Daly E R Kneass Oscar Groshell W P Noble C W Heidel J B Walden James P Keats B A Springer Mark McKimmins James E Payne Emanuel Kahn and James Hague The following is the substance of the evidence William W TurnerI came to Utah from England in 1864 and saw the plaintiff at the town of Wyoming Joseph W Young was in charge of the supply office there but I do not know whether he was the agent of the church or not M E CardellI have resided in Utah for twentyseven years I do not know who was agent at Wyoming in 1864 I think Joseph W Young was south at that time Carl P CarlsonI am the plaintiff I came to this country from Sweden in 1864 and stopped at the town of Wyoming Joseph W Young met us and I afterwards saw him at the church office there I supposed sup-posed he was actingf the church but did not know it I gave a paper to Joseph W Young Witness recognized a paper handed to him as being the one referred to He could not however say that Joseph W Young was the agent of the Perpetual Emigration Fund company and no such evidence could be obtained from any of the other witnesses Mr Dyer was calledI am receiver of the church and also of the Perpetual Emigrating Emigrat-ing Fund company They are seperate and distinct offices I do not know whether Joseph W Young was acting as agent of the emigrating fund company in 1864 but I have some books that show he was I have no record of the transactions of the agents of the church at Wyoming in 1864 Mr Winters then asked that the case be I postponed for a time which was refused a 5 was also his request to amend the complaint com-plaint The JudgeIs that all your evidence Mr Winters Mr Winters Yes sir The JudgeThen I shall have to dismiss the case Mr Winters acquiesced and said he had been mislead by one of his witnesses He remarked however that he would get there yet It appears that notwithstanding the claim of Carlson for 5000 his note for 412 money advanced to bring him to this country coun-try is still unpaid and is among the valuable valu-able assets taken by Receiver Dyer under the provisions of the EdmundsTucker act |