Show A FISHING EXPEDITION After Mayor Glendinning Q n V Penross and James MoUnt NOtfE OF THEM HAVE MUCH ACCORDING TO THEIR TESTIMONY TESTI-MONY IN SUPPLEMENTAL PROCEEDINGS Instituted by Judgment Holders Against Them in the Utah Midland Mid-land Railway Cases The Judgments Judg-ments Aggregate About 4OOO and a Further Effort Will be Made to Discover Something on Thursday ext According to citation Mayor James Glendinnins General W H Penrose and James Moffatt with their respective re-spective wives appeared In Justice Sommers court yesterday for examination examin-ation on supplemental proceedings on aton prce ding a judgment against them for 104 and 1 costs in favor of H C Clive The judgment is one of 21 which was obtained ob-tained against the Utah Midland Railway Rail-way company and Messrs Glendinning judgments Penrose and which Moffatt aggregate individually about The 4000 were obtained in Justice Har veys court for work done and supplies Jurnlshe in surveying for the pr jected Utah Midland railway The defendants de-fendants appealed to the district curt where the appeals were dismissed and the judgments remaining unsatisfied the judgment holders are now seeking to discover the wherewithal with which they may obtain their satisfaction The proceeding yesterday were incomplete in-complete for the reason that the poInt was raised that the wives of the parties could not be compelled to testify the defendants relying on a statute of this state which provides that certain relations re-lations shall be inviolate and that husband hus-band or wife cannot be compelled to testify against each other without the consent of both Attorney Hoppaugh who represented the plaintiff took the ground however that in this case the wives were not asked to testify against their husbands that his client had I made an affidavit that he believed the defendants were concealing theIr I per for the purpose of evading I payment of the judgment and that 1 their wives had some of the concealed property in their possession and that in being examined the wives would be testifying on their own account and not against their husbands or any one else The court took the question under advisement ad-visement until Thursday when the ease will come up again The husbands however were examined ined with the result that no property not exempt from execution of Glendin ning or Penrose was discovered while Mr Moffatt confessed to owning about half the capital stock of the Star Mining Min-ing company and stock In the Reliable and Independent mines which he was ordered to turn over and apply on the judgment GENERAL PENROSE General Penrose was the first to take the stand and in reply to Mr Hop paugh he said that about seven months ago hc had 5000 realized from the sale of certain stock in the Gold Dust Mining company of Mercur With 500 of this he ha purchased a bond and lease on a mine He also bought some I I clothing paid some debts and gave the I balance to his son How much he gave gve I to his son he didnt know AH he had I now was an old silver watch a violin and a ring and he never expected to have anvthinsr MAYOR GLENDINNING Mayor Glendinning said he had 500 shares of stock in the George I Scott Co corporation and also stock in the Knutsford Hotel company all of which together with other securities was hypothecated to the National Bank of the Republic as security JAMES MOFFATT James Moffatt confessed to having I stock in the Star Silver Mining company com-pany of which he is president and also stock in the Reliable and Independent mines all of which was of uncertain I value The court however ordered that the stock be applied on the judgment i Judg-ment Ir on further proceedings no more property is discovered the plaintiffs will then enter suits for the 4000 against those who became sureties on the appeal bonds from the Justices court to the district court The sureties are Thomas Mulloy Richard Mackintosh Mackin-tosh Rudolph Alf and Mrs H G Mof fattMessrs Messrs Hoppaugh and Krebs represented repre-sented the plaintiff yesterday Judge Street appeared for General Penrose Attorney D B Hempstead for Mayor Glendinning and Mr Moffatt was un represented by counsel |