Show I BRICBRAQ S Light Literature for Wednesday S Wednes-day Morning 1 POWERS DEFENSE OF PEKS S 1f I The Groat Conspiracy Sutherlands Perttdy Myorsaa Guy Favrkes JUerrltcs Endorsement r5 1 i The Kalamazoo Gazette containing a fourteen column defense of Powers written by Powers himself uprto and excluding the oderiforous divorce business busi-ness exposed by THE HERALD is at length at hand We make the following excepts without comment thinKing hao they will tell their ownstoisyThe first part and much of thesmidale re 4 5rT55 feres solely to the local Michigan sight against Powers HE WAS A MICHIGAN MAN At this time while the doors of the White House were being swung in the special messengers face three lawyers law-yers formerly from Michigan were closeted in an office in Salt LakeXity They were attorneys for the Bullion Mining company a powerful Mormon corporation This company had pending pend-ing in the First District court of Utah with the Eureka Hill Mining company the greatest mining case ever known These inca were discussing whether they had better use their influence to have Governor Murray assign me to the second or Judge Boremans district or whether I should take the First district They finally determined that as I was a Michigan man and as they were all Michigan men they could probably control me without reference to law or to the merits of the controversy Therefore no opposition was made and I wus assigned to the First district PERILS OF A HOSTILE COUUTRY I was in a hostile country endeavoring endeavor-ing to execute laws which are d nounred by an overwhelming majority of the people I was doing what I could to aid the administration in stamping out polygamy My position was an unenviable one My path contained more of thorns tha of roses My enemies ene-mies belonging to the same class of men who shipped smallpox and yellow fever rags among the soldiers at the front during the rebellion mailed their charges to the Salt Lake Tribune hoping hop-ing that they could embarrass and injure in-jure me That paper is edited by men of honor and it refused to give them light Phew CHIEF CONSPIRATOR FEED MYERS In September 1885 tIe great mining case came on before me without a jury After the case had progressed for several sev-eral weeks and the Eureka company had rested the attorneys for the Bullion moved for nonsTiit I ve rued the inolion At once but secretly Fred Myers a witnessfor the Jiullion company pany wa posted off to Detroit He is a relative of E F Ooneiy I have been told that he is a brrotberin The Bullion company had determined to prevent my name being sent to the denutc and failing in that to prevent my confirmation y the Seiae Ikmoly itas employed for thai purpose Overtures Over-tures were also made tb a prominent cioizen of Detroit whicn he rejected lonely caa e to Kalamazoo in overn her and Stewart was employed He stated to a prominent attorney at Lansing Lan-sing that he w KS paid ror every a which he did Thus the conspirators 61 Michigan and Utah were brought together to-gether The charges from Kalamazoo Wt r prepared and placed in Conelys lianas The conspirators carefully and craftily caused it to appear that the entire fight came from Michigan Couely announced that he appeared as the attorney fo the objectors The names of the men who appeared as the oojectors are Charles E Stewart Foster Pratt N H Stewart J M Edwards S S Cobb A T Metcalf H C Potter T S Oobb and William Mottram Seven Democrats and two Republicans was all that could be secured in a town of twenty thousand people to appear as objectors These men were mere figureheads and behind them shadowed by their name were the crafty and powerful Mormon leaders lead-ers January 5 1886 the President after a careful review of the charges sent my name to the Senate tmtasUTHERLA PEEFIDY WINZS S S AND CIGARS The mask was then thrown off and J S A G Sutherland of Utah lefton Januarys January-s for Washington to assist Conely 11 his work Rooms were opened at the Bbbitt House where the most expensive wines and cigars were dispensed Money wa spent like water Newspaper correspondents cor-respondents were subsidized The widest publicity was given to every slander bat could be invented against me Sutherland offered one of tne most prominent attorneys of Salt Lake who was in Washington on private business JlOtio if he would assist in the fight against me Thousands uppn thousands of dollars were expendedIt wcs stoat this time that the Salt Lake Tri5im < was offered a very large sura to publish the charges The reply given was The columns of thispaper cannot be bought for any such purpose When we oppose Judge Powers it will bj because be-cause we think him wrong and not for money He is doing his duty like a man and we shall not embarass him in the slightest degree S What a contrast 3 this with the cause of the Kalamazoo Telegraph which printed the charges weeks after I was beaten when they could serve no public purpose and when their only effect would be to injure a fellow townsman towns-man Notwithstanding the intensity of the ightmade against me and the nature of the charges which were printed in pamphlet form and privately passed from hand to hand the oar of my d strict s-trict vnited in a strong memorial my favor Members of the Utah commission at the mission with Governor Ramsey head strongly supported me The leading Repuolican officials of the Ter ritorv did the same and the Gentile residents gave me their support and II iheirsympathy THE SAXZ BjTT HE GOT LEFT ALL I VKnaUy influences were brought to I bear which turnedthe tide against me irirthe juT3rciar 5nimlFf e ahl ITWfie instance of friends on the 12h of Api 1356 the President withdrew my name fr mthe Senate He has stated to friends that I had his entire confidence con-fidence That he was pleased with my course and that he was sorry to lose me Irom the public servr e He is a grand and noble man He stood by mea me-a young an wajh but little ikfluencet firmly ahckunfliEohingly because hebe lieved thSfc the persecution was unjust I would be ungrateful if I did noay that whi h I eflGod bless Grover Cleveland to which the people of Utah for the act of standing by Powers Pow-ers in the way he did respond Amen f r j i i or r S i POWEES A A EOUBApon I l j j Another of Sutherlands charges is the following Just after the commencement com-mencement of his firstterm at Provo infhis district he made a characteristic exhibition of himself In the evening he lea like a drum major a party of juveniles provided with mouthorgans through the streets ot the town serenading serenad-ing from honse house They played in iront of thu private house wuere myself my-self and party were guests Not sue ceeIingby their rude music in drawing us to the door or balcony he entered and with mock solemnity reproached usior not acknowledging the compliment compli-ment Wmnvitti him to a eat but he declined and went back at once to his band I learned from him next morning morn-ing that they s ren ded Mormon families there were few others in the cityand that at one such place young ladies appeared at the door and knowing know-ing the lads in the company entered into a jocose conversation with them in which he joined He was stranger to them Kid after a little time hu5sp nt one of the boys introduced him as Judge Powers whereupon without a word the young ladies pr = cip lately fled t t Ih answer to flits LsubrnJthdfollow jug MR DEALS MOMENTOUSLY TIiRIIJLI Go STATEMENT I am the proprietor of the Excelsior I House the principal hotel in the city of Provo a town of a few thousand inhabitants in-habitants S I have known Judge Powers since June last During its progress of the inning case he boarded with me and I have had an excellent opportunity to know him He isa genJeman in every respect and a most excellent judge No man cotid have worued harder than he during the tral of the mining case He scare ly took time for Ibis meals and worked far into the nights Many of the leading expert witnesses of both sides boarded with meand they all I spoke highly of the patience courtesy I and intelligence of the judge We have here in Provo a serenading band of young men from the best families fami-lies Their instruments are the guitar banjo triangle and harmonica One young man is the son of our mayor and another the son of our judge of probate The judge ol probate was oneof the lawyers law-yers = for the Bullion Mining Company and the lawyers for that company including in-cluding J G Sutherland and many witnesses I wit-nesses boarded at his house He frequently I fre-quently takes boarders during court time His house is across the street from my own One afternoon the young men composing com-posing the band spoken of asked permission i I per-mission of me to serenade Judge i Powers in the evening I granted the permission and they did so The judge and I stepped to the porch and thanked them Tnejudge then said drat his 1irk A I V mer > nn son ot P H I n I JSnurs n with his wife were stopping at an adjoining h use where I rented some rooms and asked the young men to serenade Mrs Emerson The consented con-sented to do so aid with the judge I stepped into the yftra to listen to the music as the members e f the band are excellent musicians Young Emerson came JQWU into the yard and was followed by a young lady that we took IQ be Mrs Emerson the dark aid the judge said Good evening Mrs Emerson He immediately observed that it was not Mr Edterson and begged the young feayb pardon ah was introduced to her Young Dusenberry then said that the band were going to n s fathers the judge of probates rasideatfe to Serenade Ser-enade J G outnerlcttid jnd P H Emerson Judge Powers an J I walked across the street with them 1 he Joan men began to plaji und Jmfeu Powers went up to the roqtuOf tie G jatl0iiieli 1J H E person came to tLe wiffdow and thanked the band It was playing before the house of the father of a leading lead-ing member of the band Judge Powers Soon came down and remarked that the gentlemen were playing cards and he hal concluded to make his call sonic other time We then walked back to the hotel together across the street Judge Powers went to j dam that is all there is of Sutherlands story about tne judge lealfng l Ia pasty of juveniles about the street as drum major and serenading Morniou families Very respectfully t VJOHN WDEAL > I PROVO Ut1h February 20 1886 S I hink I havereplied sufficiently to Sutherlands letter to show its utter unreliability un-reliability I submit in this connection a statement state-ment from a leader of the bar in Utah j r J 1 COLO ZLi3IfffiR CKS THE fEERISE I V V J u J HORNET WASHINGTON Jan 25 1886 901 Geo P Edwards Chairman Senate 1 i Judiciary Lorrmittee Dear rI Samuel A Merritt voj Salt Lake City Utah fespectfuUyGtate to your committee that 1 am an atto neyatlaw a member of the firm of Roshorough Merritt Have practiced my profession in Utah for over twelve ears I know Orlando Powers justice of the Supreme Court of fUtah fend ex official judge of firstjudicial district court ot that Territory Judge Powers entered upon the discharge of his judicial judi-cial duties inJMay liSo IJhave car fullly I watched Judge Powers conrseand have I informed myself thereof for the reason that Judge Powers was the first Democratic Demo-cratic appointment made in Utah and being a Democrat myself I felt a marked interest in his course and conduct con-duct as a judge From my observation and information carefully obtained in my opinion his administration of his office has beemcareful rible and honest He is a man of marked ability laborious labor-ious in his profession and ambitions to I do he right For an eastern judge unacquainted I un-acquainted as he neee 3arilyiwasron his arrival as to the peculiar condition of I affair in Utah and the many vexing i oases arising therefrom he has mastee I them with singular readiness and has given very general satisfaction to the I true Americans OIL the Territory and I I r am firmer opintbn tbafchjljetentiffn lon I the4 > eich will bi for tb tfet intel 4 l eats of the people of the = Territory itt the Teriory and in cause ofcgood government When Judge Powers first arrived i Utah and even prior thereto he J iu covered with fulsome adoffite Was adulaton by the Mormon as is the press practice a with new officials but in consequence of aU ocr talus tcision3 m Polygamy unlawful cohabitation naturalization and cases he has brought hiSSfi upon himseli the hostility alt the Mormon hiIsel has al OUon pe pie h always b thbustom of all fudges Judges with one exception prior to the appOint ment of JUdge powers to flaturalizs i Mormons ithont naturalz whether Sltnout Question a to I of the United the prop > ro obey the laws States in regard to ply I gamy Tudge Powers on the udge Powes apph 3 ton of Neils Hansen for natnralation lilluestidned natnrUzatin jfluesticfned the applicant to ne applcant as whehar hebe heved I to be right for a man to have living ana undivorced more than one wife and whether that wie belief would prevent this rendering a verdictof I guilty upon charge polygamy even if U1v ofplygam proof showed V i Son Kfsjowfed beyond a reasonable Kf doubt that the I prisoners are guilty The applicant answerin that he would I not find a verdict of guilty under such circumstances Judge Powers reo fused him naturalization papers aOl has papr anJ so refused all other parsons under lie ctrcu instance This ruling was a large advance in tho direction of the Mormon overthrow and has opened the vials of wrath of all the Mormons upon wrth Judge Powers head In mv opinion a great amount of abus has been raised I against Judge I Powers by reason of his csions ant rulings in te noted mining case of the Eureka Mining Com Company on the one side and the B B C Company on the other The B B C Company 13 partly owned by John Taylor and other prominent Mormons The mal of that case occupied nearly three months I was not an attorney upon either side but as 2 lawyer naturally took great in terest in the progress of the case Judge I Powers could not have honestly decided de-cided the case otherwise than he did His stress in mastering and solving the most novel to hiI questions ques-tions qf mining law excited my Wonder ana admiration howirg as it did the labor that he mut have devoted tQ tOe study of rhe > e questions Some criticism has been in dulged in at Judge Powers expfu e because he viewed the prenuVs under controversy and afterwards teatifiei to what he saw during such inspection The committee must tndersnd that by statute of Utah the jdge j at request of parties may inspect the premises Judge PowersiSitl so inspect the premises prem-ises in controversy and at the request of counsel of both sides testified to wnat S he saw and such testimony became I p art of the record 4 The position of Judge P wers excited the wrath of the Mormons and their conn sel in the case Signed 5 SAMUEL A MZRRITI |