Show THE CHURCH CASES A commissioner stones court wa in the territorial library room in the wasatch build ing saturday september 20 for the express purpose of taking inking judge zanes testimony relative to the dyer receivership when it came time to call the court to order a conversation occurred between comm loner stone arthur brown who is representing mr dyer and judge zane the latter expressed disinclination to testify and said substantially all I 1 know is what is in the record and hearsay I 1 coq dont t think a judge ought to be a wit in a edse case before him unless it is absolutely necessary to the ends of justice ja mr brown perhaps I 1 could show that th it you are not a judge but an at tarney in the case laughter mr brown continued 1 I know it is a delicate position in which you are placed judge zane to judge when brother stone sae first spoke to me a bout about testifying I 1 thought I 1 might be able to testify to some facts not in the record already but I 1 hare have been thinking the matter over and have rea reached cheI the conclusion that aside from hearsay I 1 have no facts in my possession not already in the record mr L brown requested that the sten stenographer ogra pher note the refusal of judge zane to testify and to add that he brown only desired to examine him relative to matters with which he be was connected as attorney and that lie he did not want to ask hini him any hearsay q the court I 1 do no authority to compel t thiner T have testify J g an to judge jadd J udd judge baws refu refuja 7 to testify assumes the very matter concerning which we wish to examine him namely his fica tion to act as a judge in a casa cas in which he has been an attorney mr brown we will not lubit lubi t upon judge zanea testify lag ng an informal discussion ensued relative to judge zanes connection with the case as an attorney and be said eaid he be had no objection to stating the particulars in the matter and did so go he and john M zane were employed by certain school trustees who made certain representations to the judge which hov however rever were hearsay so far as he was concerned zane zane and R N baskin instituted certain proceedings which are of record as attorneys for the school trustees A discussion of the nature of the present examination bellowed fallowed fall fell owed between judge zane and mr brown in ill which the former gave it as his opinion that a wider scope was being given alven to it than was intended by the ale court order ordering Dg it mr brown well as the judge refuses to be sworn we cant waste any time with him in view of his refusal I 1 would like to ask a few questions of some other witnesses A discussion ensued as to whether the business could be finished on saturday night it was determined to send for some witnesses forthwith and await their arrival after a wait which was improved by a friendly chat it was war determined aed to adjourn till 10 am Mond ayat the gas companas Comp anys office commissioner stone 1 I suppose mr varian will be notified noti bed judge judd mr varlan varian dont seem geem to take much stock in the proceedings ce edings at this the gentlemen present left the room just what judge zanes reasons were for refusing to testify are best t known to himself but it can readily be supposed that he did not care to expose himself to a cross examina tion by arthur brown judge judd and williams on a matter concerning which he is said to be very sore viz his connection as an attorney with a case he now efsits on as a judge mon monjay monday jay sept 22 commissioner 1 stones stone s court met in th the e GAS com office only two attorney ys judge judd and legrand young were present john P bache clerk of the territorial supreme court was sworn and examined by judge judd 1 know the handwriting of chief justice zane I 1 recognize his handwriting in the decree of july 12 ordering this investigation witness identified several documents as belonging to the filea in the case among them beisig tile the petition of the school trustees signed by zane zane attorneys for petitioners petition ers F E mcgurrin was sworn and examined by judge judd he testified to having taken as court sten ogra pher certain testimony before judge harkness in the examination in this case had before him the firm of zane zane who took part in those proceedings was composed af the present chief justice of this thie territory and john M zane his son mr moffat sir mr dyers clerk was sworn anil and examined by judge judd heard judge zane make an argument in this case on the petition of the school trustees reported the same stenographic ally and have made a typewritten copy of it the latter iatter was introduced in evidence judge judd your hollor hobor in making the record ie eg arding garding the conduct of judge zane we are aware that it is a matter beyond the j jurisdiction burls of this court but my client directs me to say cay that he obi acts now and awais has objected to judge zine zane sitti sitting ng on this case because he has been un sn attorney against my client in the case and has personal feelings against him the court As no objection is made to this evidence it will ill be permitted to go in but I 1 regard it as immaterial and irrelevant to the purposes of this examination A discussion ensued as to the interest the church had in the proceedings ce edings aud and mr young expressed the opinion that it had none in par titular tiu ular judge judd intimated that an application would be made to set aside the order for this investigation because judge zane participated in making it he then offered in evidence the articles of incorporation of the following the association owning the st george temple the literary and scientific association the salt lake stake of zion the first wart ward of the salt lake stake of zion and the deed of H S eldredge to the literary and scientific association conveying the council house property he offered these he said to show how the temples and tithing properties were owned in various parts of the territory le grand young was placed on the sta stand nd and said that the artick 9 of incorporation of a stake e and ward offered in evidence were similar to the char charters teis of all the other wards and stakes so far as he be knew mr dyer was placed on the stand and examined by judge judd he testified the investigation consequent upon the school trustees petition had before judge harkness cost the loss in sheep and rents consequent u upon pon the 0 the court was head of sheep worth at the price they lately sold for tile expense of herding etc was total loss less wool and lams worth wt net loss the witness stated what a had been of offered flared to lease the sheep one bid was INS 0 1 and had they been leased eased at t this figure the difference or saving to the fund would have amounted to this loss to the fund the witness attributed tri buted mainly to judge zane as he waa the principal cause of the orders being made by the court which resulted so ao disastrously to the avd judge tudd judd said he be believed his side were through wit but he would ask to have the case left open till the return of P L williams and arthur brown who were the senior counsel for the ex receiver rc cr iver the court to judge judd boyo do yoa a wish to offer any findings Elu dings judge judd juddi I 1 dont know that in the absence of the senior counsel I 1 do I 1 will say though that the file contains the findings of judge harkness and the action of the court thereon this examination dont srem to have changed the appearance pe arance of the case much the court here put some questions to mr dyer in regard to vouchers for expenditures which were answered when an adjournment was taken till 10 a m next wednesday in col stoned office it is probable that no more evidence will be offered r tut iod that findings fi nd will be and that an argument will take place this case was waa to have been resumed in the law office of commissioner stone at 10 sept 24 after along a long wait with only the commissioner arid and two reporters report erg present le grand young esq dropped in fin liter F S EF esq q appeared and a little later F P L williams ceeil arrived after a discus discussion siou of the reasons why no utah lawyer has ever been appointed to the bench in this territory and a general central agreement that it was because bacsu se their partisan prejudices were so pronounced the d out to notify judge judd J udd that the ase was on 01 in a few moments that gentleman appeared and remarked that he had bad forgotten the appointment the court announced that district attorney C S varian had filed a re request u est that the case lie be left open for mm him to findings and ai aument on his return from the east it was further explained that mr V varian a r la n had been summoned to chicago by the alie serious illness of his son aged eighteen who is prostrated by typhoid fever by consent tho the case was continued till further notice without anything more being done in it |