Show iier alft h escil judge zane fails to appear neva jan 24 ten this morning ft as the lour blit or alie 0 alio attempt to the barea inada against mceiver Kc eiver dyer mil his attunes by atia petition on of certain choul by memra zane aid zinc at be liutik he territorial supreme aid as it was among the that acion would bo akeo on 1 of ainu A zuie from the jaw this event was awaited await td the court how ever did net refer to the BO a short time afterward ludge announced that alie would judge bowers was present on behalf cf mr dyer but I 1 here was no one to depre bent the petitioner it was of course understood eliat this that ilia latter did not irland ti appear ts indicated by tho fa t eliat no witnesses lia 1 been summoned aud by the notice of withdrawal submitted by juji 0 o zano yesterday elidee HarL neRS went into the coat room where judge liine nag aud e turned in ft few when lie stated aliat he had received the amended order of tho court with directions proceed with the aaion juilee I 1 suggest that an of fier notify judda zano jude I 1 notified him personally yesterday and again this rooming 1 called his to it now judge powers I 1 appear for alie re this matter since the last season aliis cage lias been tho supreme court which iclef that mr dyer should answer the aked on the former occasion lie is now ready to do so judee harkness Harkne sn let sir dyer take ho stand there being no counsel present for the petitioners petition ers perhaps I 1 had bailor act on oa refused to answer certain questions which held to be proper tha court ruled eliat you should answer are you now ready to di BO air dyer I 1 am was never any intention of 1 will anwer the questions judge eliat is all eliat ia lequir cd I 1 will not ask the questions as the oneri are not represented here having absented that is sufficient far the report juda bowers the for the was to loday lo day and last tour dai 8 alie re lB to wednesday jan I 1 tabe it eliat will be to proceed then I 1 ask that lour honor will in the meantime report to the court the facts regarding the failure of tho accusers to appear it seema to ane to be a contempt of court my idea 13 this on january h tho ri are to anas er to the charge s idaile against them I 1 c estrue thit to mean to reply to any bror glit out and eliell leold eliat no reply is necessary a no testimony is in support of the I 1 liall clase the cx and report to tl e court judge the lamination cannot clos o till the date beet by the court judo TIar kness 1 shall follow alie order of the cobit that is n y text judge powers these ac users hio filed a paper withdrawing from the ai Is now before the cobit I 1 apprehend flat the court will want this investigation t goon it ia a prejudice our side to let it stand as it ia I 1 propone to ail the chuh all I 1 can in having these chalgos fully i n vest i gated judge harkness Hai kness I 1 bee nothing in the opinion of the clinef requiring ine to bold over this tj DO purpose I 1 shall report at once t the court and it that is not proper atie court may remand tho easy or further hearing I 1 shall bluhe the examination now and report judge powers I 1 respectfully sug teat a suspension judge I 1 will close the examination and report all of the events to the court everything that appears liere relative to thid matter judge powers the court faill note an exception to the order closing alie examination jude if the court wants me to go ou under the circumstances they will Boor dir with this at lilii viere brought to a close TUB this afternoon judge anade the following report tit supreme of the territory tf itah the united plates of america vs alie of jesia chrisi of latter day atal T afif court of ipuh territory I 1 respectfully report that under the amended order of this court certified and delibert d to uio on ilia instant and 1 annex and refer to as a part of iiii report the following proceedings have taken lilace tu wit boring alio llio afternoon ot alie instant and as boon as practicable afier receiving alie I 1 notified masri hiie A ane attorneys for onera and 0 V powers attorney for alie respondents respond enta that I 1 had received alie order fand that I 1 should axi present at tho kiino mentioned in tho order to bommen e alie hearing it I 1 that neither 11 N who was ay iy with alews slews zane as counsel fur petitioners petition ers nor J 11 formerly for meily with counsel for is in alliy territory Turri tory of utah in of sald anion tod anler and at alio time named therein I 1 attended at alio judges cli ambera in the in salt lake city utah territory ready at the convenience ui the parties and thear counsel tho receiver came personally perro nally and alie respondents appeared by their attorney 0 W power eliat the respondents were ready 0 o proceed on the instant and when I 1 notified noti lied AI estira zane zane of alie order and hearing they ii finned me their clients were unwilling to proceed with the bearing under lie amended order and therefore it was probable be no an ea rance for petitioners petition ers about 10 a in on tho tle time beet for li eiring I 1 was by zana zane in substance that tho petition ern would not iw decd with atie hear iii and that did nut request any delay on my i art instant culled the CABO for there nas nu apie arante and no request for a conal nuance or delay ou the part of hie petitioners petition ers for respondents proffered arnik II 11 dyer the chor aa a witness tor further examination in con of the former examination rod to answer tho questions y propounded aind which under advice of counsel ha bad refused to anwer otili II 11 per theo took the and B a yia tharp no one present to pro nal ilni oni in chalo lh alo p rr 1 ain MI to liiri redjine fl tint lie wai ready nl iii annl nim to anier mill anil fully vin llin ailing of ahe in alio i li fring cufr alli hie ij pinion ol 01 ilcia in ru dixit 0 conniel for respondent reil to acal thu lime taiti baleri it ury and aliat nil I 1 conail in of alse hiir ie guint was alie crofter to fully I 1 ficai the alm anler and a niilo ni ilo l fur dei ta alij adl t iluf ni ali gitil altor alm ilm kril that it ie lih li H afen ofen ly and B viiu li ix I 1 lu ed alie to tho of alm huun ha lo 10 je propriety 0 eo ilo ab r ruling boona l for auti excel kiil and lle cx ei tiuis in hereby tr titled I 1 alai rr r r to my former dated 12 IS and ill ile stir ft aart hereof no far as ini caffary to explain alia with the frank 11 pier and for any I 1 matter lu it inay la pertinent afi january |