| Show IN THE DYER CASE CASEI Jmljre Znne Thinks He Had Better No Testify A session of Commissioner Stones court vas held in the territorial library room in the Wasatch building last evening for the express purpose of taking Judge Zanos testimony relative to the Dyer receivership receiver-ship When it came time to call the court to order a conversation occurred between omniissioner Stone Arthur Brown who i s representing Mr Dyer and Judge Zane TTho latter expressed disinclination to testify tes-tify and said sunstantwlly All I know is what is in tb6 record and hearsay I dont think a judge ought to boa bo-a witness in a case before him unless it is absolutely necessary to the ends of justice jus-tice ticeMr Mr BrownPerhaps I could show that you are not a judge but an attorney in the case LaughterJ Mr Brown continuedHI know it is a delicate position in which you are placed Judge Zane to JuddWhen BrotherStone first spoke to me about testifying I thought I might be able to testify to some facts not i n the recor already but I have been thinking the matter over and have reached t tho conclusion that aside from hearsay I have no facts in my possession not already 1 in the record Mr Brown requested that tho stenographer steno-grapher note the refusal of Judge Zane to testify and to add that he Brown only desired to examine him relative to matters with which ho was connected as attorney and that he did not want to ask him any hearsay questions Tho CourtI do not think I have author ity to compel Judge Zane to testify Judge Judd Judge Zanes refusal testify tes-tify assumes the very matter concerning which we wish to examine him namely his qualifications to act as a judge in a case in which he has been an attorney Mr Brown Wo will not insist upon Judge Zanes testifying I Au informal discussion ensued relative to Judge Zanes connection with the case as an attorney and he said he bad no objection ob-jection j to stating the particulars in the matter and did so He and John M Zane were employed by certain school trustees who made certain representations to the judge j which however were hearsay so far as he was cencerned Zane Zane and R N Baskin instituted certain proceedings pro-ceedings which are of record as attorneys at-torneys for the school trustees A mscussion of the natnre of the present examination followed between Judge Zane and Mr Brown in which the former gave it as his opinion that a wider scope I was being given to it than was intended by I the court ordering it Mr BrownWell as the judge refuses to be sworn we cant waste any time with him In view of his refusal I would like to ask a few questions of some other witnesses wit-nesses A discussion ensued as to whether the business could be finished last 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 determined to adjourn till 10 a m Monday at the Gas companys office Commissioner StoneI suppose Mr Var ianwillbe notified Judge JuddMr Varian dont seem to take much stock in the sAt s-At this the gentlemen present left the room |
