Show IN THE CHURCH SUITS THE RECEIVED REFUSES TO ANSWER QUESTIONS which briers the to an abrupt close the examination into the charges made against receiver dyer and his attorneys in respect to the church case was commenced before judge harkness monday it was 11 when the proceedings began zane zane appeared for the com ants and were by B baskin the other sida was capro dented by 0 P powers J B mcbride and P ii williams judge harkness stated that the order of the supreme court required him to take testimony and report it to tho court he did abot understand that ho could pass upon the materiality af the testimony judge powers thought the order did not require that immaterial testimony should be listened to judge harkness said appeared to him that the court had left it to the honor of the attorneys not to introduce immaterial testimony he could hoar objections to any evidence and report to the court who would pass upon it judge babkin took issue with badge powers and argued that the examiner could not rule out 1 mony judge powers am I 1 to understand that you could introduce the doctrine and covenants or the bible as evidence judg e baskin it is not to be pre that we will do such a foolish thing we will introduce testimony on the point at issue thero was considerable further discussion of the point raised finally judge mcbride suggested that the question on the relevancy or irrelevancy of the testimony bo lei t with the referee judge Hark noaa said that it was a matter of doubt whether the court could bestow judicial power he was a commissioner taking a deposition he would rule out testimony inadmissible but would not assume judicial judge harkness stated that he had appointed P F mcgurren official reporter arose as to a bailiff the marshal to furnish one mr basam objected and when judge powers wanted to know who would pay a new bailiff was decided that each party should provide its own judge zane eaid the petitioners petition ers would file a general replication to the answer of tho respondents frank hoffman said he desired to appear as counsel for W L pickard who was out of tho territory judge harkness stated that he could not admit him the appearance should be entered before the court judge harkness to the attorneys will you use all your influence bo fore the court to have the reporter haidt to this the attorneys assented marshal F H dyer was the first witness called by judge zane mr dyer testified 1 am the receiver in the suit of the government against the church was witness before examiner as to my compensation I 1 never claimed though I 1 was to that amount for my services that with the claim of the solicitors and the expenses amounted to something over my account for office expenses etc was 82 that included taboa and other necessary iiams that account has not been passed on by tho court I 1 am at present U S marshal and in this suit devote my time to these offices have very little other business have some forsea have been away once for ten days have attended races have lost no time from my business but the ten days judge zano what do you receive from sources outside of the marshal and receiver judge powers we object to that it has nothing to do with this case no more than whether or not the moon is made of green judge zano that is one of 1 charges that the com pension was unreasonable and unconscionable judge powers even then is not material this was argued briefly by all the attorneys present after which judge harkness said I 1 may as well maka this cointa typical one of many that will come this pleading throws the doors pretty wide open the question is as to what mr byor re roco ived for other services not what lime he devoted to other services if I 1 were sitting as a court I 1 would sustain alio objection the real question is the time devoted to business not the compensation for that time the court may think however that they would like to know tho answer to this question and oa that ground I 1 shall allow judge powers told marshal dyer not to answer tho question mr dyer by instructions of aay attorney I 1 decline to answer judge zane you state that you mado this year out ct the judge powers you not an baor baaken wa will not pass cvar this contempt judge powers well I 1 am the contempt judge zano to witness you also receive other judge powers dont answer mr dyer I 1 decline to answer judge zane you as purchasers for the government for tha penitentiary receive a commission judge powers we object judge zano insisted on the question i judge powers said he would be the last man to place himself in contempt the accounts of the marshals office were open to proper parties there is a peculiar spectacle here of seeking to drag in a series of questions to reflect oa the marshal they drop their old charges aad try to bring in a general attack on the marshals office such a course is like and is an endeavor to scrape up scandal to use against the J M zane we do not abandon any of our charges we propose to show that the receiver has net the integrity he claims it is no scandal we intend to prosecute our charges judge harkness I 1 hardly think the question proper it is an attack upon character judge zane they have courted the fullest investigation the receiver is making a charge of what is he giving tor it his integrity time capacity and responsibility vo want to show how rauch has been given to this and to the office of marshal and other business and what he received tor it he declined to say that he had admitted that he got for the years service as marshal we have a right to test him and show all of these matters judge powers did you ever permit when on the bench a party to cross examine their own witness judge zane this is a cross exam on the inquiry as to compensation we want to prosecute it wo may make him our witness judge harkness do you ask whether he received improper commission judge zane no sir judge harkness I 1 think this question attacks the witness character judge powers this is not cross examination of the case before judge sprague judge harkness the question is have I 1 authority to rule in this matter I 1 will take the liberty of ruling it out judge zane what compensation did yon receive from bemington Ee johnson on a contract to deliver goods to the penitentiary mr dyer I 1 would defuso to answer because of my attorneys ad vice but there is an explanation due the public judge mcbride wo are not dealing with the public now judge powers I 1 want to put en record that these charges and insinuations are absolutely false judge zane we dont want your statement when you are a witness you can testify let the witness answer judge harkness to reported you need nottage not take that down it appears that the witness refuses to answer by obstruction of the counsel 1 l adge powers wr would gladly meet these charges on another occasion that justice may be done judge harkness I 1 will prop up the heavens judge judge zane what compensation did you receive from tho butchers judge powers As receiver judge zane As united states marshal no answer judge zane you by convict labor raised bushels of potatoes on the government land at jeche penitentiary judge powers ob that potato business was not mr dyer it was ireland the herald published tho fact that marshal ireland had furnished judge zane with potatoes from the penitentiary farm judge zane there is no such charge judge powers oh yes there ws judge zane did bonnot raise by convict labor on government brownd bushels of potatoes and when the and 35 cents did you not charge tho government 60 or 62 cents per bushel for potatoes raised on the penitentiary ground judge powers we object to that mr dyer I 1 refuse to answer judge zane how much of your time was devoted to the receivers office mr dyer it is very hard to determine as both were attended to at the same time judge it didat take much of your time to look after the temple block did it mr dyer no sir judge zano did you superintend the ti thina office mr dyer no sir judge zane were you tending the church history at the historians office mr dyer ill cleaye that to you later on judge zane did the wells prop take your time that was com bied A dyer it took considerable ana bedfor then judge mcbride we object to this judge zane oh well if yon doat want the charges investigated why did you ask for investigation judge baskin in their answer they defy investigation and now want to make it a farce by refusing to answer anything but just what they please judge harkness thought the question of compensation of the receiver was open to full investigation and that line should be followed judge baskin if the gentlemen can afford to here we can judge powers then we can judge baskin we make charged of corruption and will prove it if permitted judge powers if the compensation issue is raised the church and the government should be represented here cocq down io the charges of corruption and we wm were ready to rest right loio judo powers then have no more to say mr zane we have more to say and to prove we fairly commenced when you use to block examination an extended argument to chow that they bad a right to go ahola mat u ter and bring out all of the facts at tho close of his speech there was more jangling finally the attorneys for mr dyer instructed him to refuse to answer any question regarding the or anything except as touching the alleged misconduct as receiver on this point he was ready to answer this virtually blocked the course which judge zane was endeavoring to follow and the result was that the examination was brought to aa abrupt termination judges zane and baskin denouncing the whole proceedings ce as a farce on the ground that tho opposing wera the judges of the competency of the questions judge harkness ruled that he would submit the matter to the court which meets in january |