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Show INTERESTING AFFIDAVITS. J Grave Charges made against Ex- i Associate Justice Strickland. "j Who Retaliates with Equally Seri- ous Accusations. i A Lavish Economizing of the l "., " . Truth. ; Juicy Reading ovr the Sworn Sig- ' natures of Citizens In High Life. Tlio following i.nidavits wcro read I in tlio Third District Court yesterday. 1 Ex-Judge O F. Strickland's attorney, j Judge Sutherland, moved to Btrikc . portions ot tho alfidavits of Messrs. Maxwell and Patrick from tho Ji lea, as.bcing scandalous and impertinent. Tho motion was overruled by the ( Court. We publish the ullidnvita of : both sides without comment, leaving 1 the public to draw their own conclusions. con-clusions. NICHOLAS M. MAXWELL'S AiriHAVIT. Territory of Utah, t Salt Lake County. ' Nicholas M. Maxwell, being duly sworn, deposes and says: Tbat during dur-ing the year 1S72, in the month ot June, 1 took charge ot the Flags tail' Silver Mining Company, in Utah Territory, Ter-ritory, as their attorney in fact and general manager, and remained thus in tiic employ of said company up to December, 187:1, when M. T. Patrick was appointed in my stead, in like capacity. During the time of my management of the business and ' property of said company, and as ; near as 1 now remember, in the early j part of the year 1ST 3, 1 had a con-j. con-j. versation with ex-Judge O. F. Strickland, Strick-land, who is tho saino person who 1 bus since instituted tuit against tho ; Flagstaff Silver Mining Company s (Limited), to recover the sum of . 8,000 and upwards, on his alleged employment by said Flagstaff L'oin- pany, as their attorney in Utah Ter-i Ter-i ritory. Tho conversation I refer to . was held in the private rooms of M. T. Patrick, at that time United States marshal in Utah Territory. I That in said conversation-Strickland i stated to me that he had resigned hid i position as judge in Utah, and that a . friend of his named Mitchell, of tho State of Michigan, had been or would 1 be appointed judge in his(Strickland's) i stead. Ho further saii that be . knew MitehyU well, and intimated . plainly that he could influence him, and tbat it would be well for the Flag-1 Flag-1 staff Company to secure the servi?es of him (Strickland ) on account of the . snlluonee he could exert over Miteh- ell. There was ;a fgood deal said by him of the same purport as the above, 1 but I cannot recall the precise lan-1 lan-1 guage used. To all ot which I stated . in reply that if the Flagstaff Company j had my casen coming belore Judge Mitchell when he got on tho bench, tho Company would employ him I Strickland i to attend to them. This 1 is the only conversation that I ever had with O. F. Strickland about employing him as an attorney for the FlugstuQ O mpany, and the only agreement I ever made with him on the subject. Sometime afterwards 1 met him on the street in Salt Lake City, and he asked me whether I wished him to act as an. attorney for ! eaid Company, and .ud it I did not the ' i opposite; partv Would employ him. i'al- I UttluJ- " -Unna rim . .uujjany against the Flagranti' Co., , In reply I told him to go ahe;kd and ' accept an engagement from the Km-' Km-' ma Hill company, if ho saw proper. I left Utah Territory on the 2.1 day ; of December, A. D. ;S7.'I, and went to San Francisco, Cab, where X have since been until Saturday last, when j 1 returned to Utah Territory. Affiant further .cays that he was not in Utah Territory at the time tho judgment by default waa rendered against Baid Flagstaff Company and in fvor of U. F. Strickland, in the month of January Jan-uary last, and by reason of hisabscure was then unable to make the present affidavit. .Nicil.'s M. Mawvku,. Subscribed and sworn to beforo me this 7th day of April, lb74. v . JoS. F. N'OL'N.VAN, j j H I - Clerk Third District ) Court, Utah Territory. J. N,' IL Pathick'm affidavit. J. II. Patrick boing duly sworn doth depose and any: Tbat some time in the Spring of 1S7.1, O. F. Strickland came to him in Salt Lake City. paying that he had talked with X. M. Maxwell, superintendent of the Flagstaff Mining Company a'xiut being employed as attorney for tho Company, and that ho wished mo to use my influence to have him employed em-ployed as attorney mid that he would share with me tho Ices, and that be had made a similar' oiler to Maxwell and wan very desirous that I should arrange this matter for him. J spoko to Maxwell about the nuttier and lie always refused to retain him ns the Company had ro use for his er-vices, er-vices, having retained competent at-torneyH. at-torneyH. When the JOmma Hill Consolidated Mining Company mado service of complains on the Flagstaff Flag-staff Company limtSummer Strickland was again desirous of being retained by the Company. J was then acting for the said Flagrftafl Co., looking after iLs legal matters and waa authorized to retain us its attorneys, by Capt. Forbes, tho then manager, Meters. Mask in & Do Wolfe, Jioberston it Mc-liridc, Mc-liridc, Mr. ( iilcln ist and Mr. Wool-worth, Wool-worth, and being friendly to Strickland, Strick-land, I told him ho might appear in this case for the Company, and 1 would try and get him a 1,000 fee. lint Capt. Forbes, the manager, repudiated re-pudiated his employment so soon as it came to his attention, I left this Territory on tho I'tlh October last.niid did not return until tho .'loth day of March last, nnd was not in the 'JY-rri- ! lory and could not make this affidavit at the time the default was taken. J. X. 11. Patrick.; , Subscribed and sworn lo before me i this 7th day of April, 17-J. - . Jos. F. Nounnan, f I , rfi 1 Clerk Third District ' " ' ' j Court, Utah Territory. ' OIIKI) V. Hl'UICKLANO's AFFIDAVIT.! f Intlip'J'hinl District Court of tlio lernloryof IHah: Obcd. F. Strickland j ! vs. Tlio Flagatall'Silver .Miu- I ' ing Company (Limitcdj. I . Territory of Uti.h, I , Salt Lake County, j 8,B' ! Obr.d. F. Strickland, of said county, being duly sworn, says: I am tho nlaiulill in this action; that in December, J-S7-, Nicholas M. Max-(well Max-(well watt superintendent and general ingciiit of tho said defendant in this Territory; that ho continued to bu hiich until about December, JH7."t; that about tho 1st of December, 1872, ii ml on tlio afternoon proeeding my depai tiire for Wiwhingtou, D.C., and i in view of my contem plated resigna- lion of the of lice of judge in this Ter- ritory, of which sait'l Maxwell said he I had been informed, he voluntarily ex- t pressed to mo a deHiro to retain mo as counsel for said defendant; as I had . fully determined to resign said oflieo 1 luring my absence. I signified to iaid Maxwell my consent to be so rc-jtinetl. rc-jtinetl. Said "Ma'xwoll at onco ro-jlied, ro-jlied, "You may then eonisidor your-iclf your-iclf engaged, as soon as you resign. said "Vurv well." Said Mux-ivi'll Mux-ivi'll tiion said ho expected tlio Jcfcnduntlo bo involved m a largo vmountof litigation, nnd asked nic in rcL'iird to the ability of Mr. lloylo if Salt Lake Cilv; being answered favorably said Maxwell requested mo to call on said Jloylo and speak to him in behalf of the defendant, which I did. I met said Maxwell at tho time of this conversation by accident lit Sandy Station. On or about the 20th day of January following I resigned re-signed the judgeship and returned to Ihis Territory abct the iOth of Fob-i ruary thereafter, and opened an oflieo for the practice of law in Salt Lake City. 1 first met said Maxwell after my resignation and return on the 18th day of Feb., 187:1, at the U. S. Marshall's office in said city, and then and there said Maxwell, formally form-ally engaged mi as counsel for said defendant for one year, at a salary of $10,000, payable from time to time during the year, which employment and retainer I then and there accepted. accept-ed. The bargain was concluded in substantially the foregoing language. There wore no conditions or qualifications qualifi-cations cxTpt such as the law implies from such a contract. 1 have faithfully faith-fully perlormcd my pu t of the agreement. agree-ment. Tue statements in tlio atlida-vit atlida-vit of said Maxwell, sfrrn to on the 7 III day ol April, 187-1, and on lilo in this cause, so far as they directly or inforentially deny the making of the agreement aforesaid, are false the estatcmcnt in said affidavit of conversation which he says took place at M. T. Patrick's privateoilicc is also false. 1 never suited to him as an inducement to engage me as counsel, or in any connection, or under any circumstances whatever, in express terms or by inuendo or in any manner that I could influence Mitchell named in said Maxwell's affidavit should ho be my judicial successor;nor that it would be rn any such account or by reason of my acquaintance ac-quaintance with said Mitchell tor tht defendants advantage to retain me as aforesaid. No change or modification of said agreement has since been made; neither M, T. Patrick nor J N. II, Patrick vm present or heart any of the conversation betweer Maxwe.l and me, when the sau agreement was made an 1 all he can ! I know in regard to it is hearsay, i I never had any such or similar convei -! jsationwith Maxwell as ho states in J j said affidavit took place on the street 1 in Salt Lake City on said 18th day of j February, 1873. When I was so employed em-ployed m counsel 1 made an entry thereof in my book of accounts. ! I further suite on my oath, that I . never h:id any such conversation with J. X. H. Patrick as ho states in his1 affidavit on file in this cause, sworn to, on the 7th day of April, 1S74. I never nev-er offered him any share of the ealary ! : or pay, if he would procure my cm-1 cm-1 ployment as attorney or counsel Jor , said defendant. 1 served said defendant ! as counsel in a suit in this court in! chancery, in which tho Fmma Hill .Consolidated Mining Company was; i, complainant, and said defendant was I defendant, iiotli in court and out of - court there were many interviews and sjconsultations in regard to laid suit, and divers proceedings therein in I (court; that at such conferences, and ' I in such proceedings, I ucitd opnly and conspicuously ns counsel for .-aid delentlanL, and ollen, in the presence' ( of said Maxwell and other agenUs of I the defendant, including Capt.! ForIes; my name aj.pi-ars ot record niiivuf, ninuti i . .t-,.MI ltll j,j ' said chancery case. I often rcUti u said .Maxwell to mako payments to, me on my salarv; at least ten such re- j quesU wcro nidc during the period of my service aforesaid, since in lS7.'t. He answered all tluxe requests by expressly ex-pressly recognizing my right to receive re-ceive money, and by promising to mako payments lo mo; but ho tailed , to perform any of Ihosu promises. Tn ' September, 1&73, J. X. 11, Patrick, who was: then and still is some sort of agent for defendant, promised thnt said Company should very soon, before be-fore the 10th of KJiid month, pay mo two thousand dollar.-, and t'lat promise prom-ise was not fulfilled. 1 further Hay that M. T. Patrick informed me about ibe lime this suit' was commenced that ho had caused said Maxwell to make an nflidavit, which waa sworn to before the clerk of this court, and which ho described as contuimug substantially the same htAtenienU that are, contained in the said Maxwell's affidavit tiled in this cause; that said Patrick said the alii- 1 davit, so made by Maxwell, prior to 1 his going away last Winter, was in the hauds'of Baid defendant's attorneys; ! that said Patrick made this statement i , tome in such manner as lo suggest i that the purpose of the disclosure was i intimidation to induce mo to seek, a comprrmiso rather than suffer such defamation. 1 then naked Baid Patrick Pat-rick to defend this case cn tho merits, and not to resort to any measures for mere delay. Ho replied that ho felt friendly, but bo could not, without consulting defendant's attorneys, mako any pledge, 1 then call-d on defendant's attorneys, saw Bai.l Jc Wolfe, and made the name request of him. J lo likowisc excused himself from giving me any assurances in the absence of his partner from tho ollicc. OllF.U F. SridCK LAN I), Subscribed and sworn to before mo this JOth day of April, 1871. Jos, F. Xoun.van, Cli ik.' I. If. KlriKADDFN'il AFFIDAVIT. James H.Kiskadden, of lawful ago, being duly sworn, deposes and says: I am well acquainted with Obed. F. Strickland, tlio above-named plain-tiir, plain-tiir, and havo been for more than oight years last pant. I am well at;, quainted with Xicliolns M. Maxwell, late superintendent and agent of tho above-named Flagslntr Silver Mining Company, limited. That said Maxwell was Miperintcn-dentand Miperintcn-dentand general agent oi the said Company in L'Uh in the year 1S2, and until about Deeenilier, 187.1; that in tho Summer and Fall of 187L', I was in the employ of said Company through the said Maxwell, aud afterwards after-wards for a short limit in til0 um. ployment of said Maxwell; that on or about December, 1S7U, in a conversation conversa-tion had with the saiil Max.vell, I informed in-formed him that the said plaintiff, , Stirckland, was about to rcsiL-u thn office ol judge, which he then held, and that it would I in well lor the said Company to employ him ns (heir attorney. at-torney. S.iid Mr. Maxwell then said that he was kindly disposed towards said Strickland, and thnt they would engage him. That- afterwards, but at what particular dale this affiant is unablo to stale, tho said Maxwell told mo ho had employed the said Strickland Strick-land as an attorney for tbo said Company Com-pany for one ynnr, and to the best of my reeollocliou and belief, stated the price of nueh employment for said year to bo ten thousand dollars. That on tlio evening of the PUli day of April, 187-1, this alliant was at thnresi-denceof thnresi-denceof the, said Maxwell in Salt Lake City as a friendly victor; that during tho said ovening the s-nd Maxwell, a conversation abjut the suit o tho said Mriekl-and aniiHt the umi! c,)ln. -puny, ttaid that "Shickland has j..,t i the hctt of il." Vhenri1(,n , thi-i aliinnt f.iid Lo said Max-'i well : "If I am culled upnu to1', swear in that case, Maxwell, 1 shall 1 1 have to testify that you told mo you n had employed Judge Strickland as I tho attorney of eaid Company for a I year." To which Maxwell replied: "Quito right; quito right." Thereupon There-upon this alliant as a friend to tho said Maxwell, said to him that ho thought ho might settle tho matter with Striekland and suggested that Strickland be ollered the sum of two thousand dollars tor bis claim against tho Company; that Maxwell requested request-ed this alliiant to seek the said Strickland Strick-land that evening and mako him the otler and report lo said Maxwell tho next morning at 'J o'clock, the result of such interview. The sa:d Maxwell agreed lo these terms and thereupon this alliant immediately sought tho said Strickland and found him at tho residenco of It. 11. Jioberlson. in Salt Lake City, in bed . it being quite lato. That bo then ami there hail a conversation con-versation with Strickland in the presence of said Honor tson, and suggested sug-gested and oflered him tho said firms of two thousand dollars to settle bis claim against the said Company, for aud on behalf of the Baid Maxwell, which said terms the said Strickland then aud there declined. de-clined. That tli is alliant met met the said Maxwell the next morning, according to his agreement, and reported to him tho result of his interview with the said Strickland. That the said visit to Maxwell and the ellurt on my part to amiciibly sellle tho said matter was entirely incidental, and without the knowledge, aid or procurement of the said Strickland in any way, shape or manner. And this affiant furtherstales that as to tlio statement above stated, that said Maxwell informed mo that tho price agreed upon as the retaining fee of tho said Strickland, it is possible pos-sible 1 learned the price from some 'other source than Maxwell. J. H. Kisk adj)f;n'. I Subscribed and sworn to before me ilhis 17th day of April, 1S7-1. i Jos. F. Xoi'xxan, Clerk, Ac. I J. 11. mciiiude'.s affidavit. j Jno.IL McJiriJo, being first sworn, , fays: I am a practicing attorncy-at- ' -law, aud reside at Salt Lake City. I ; About the month of May, 1873, I i was employed by the Flagstaff S. M. i Company of Utah, limited, as an attorney, at-torney, and have been in its employ ! ! as such till the present time. 1 am 'acquainted with O. F. Strickland, an 1 , attorney of Salt Lake City. Alxrnt the month ot August, 1873, the suit of the Emma Hill Consolidated M. Company, oj California, was instituted against the Flagstaff Com winy, aud having been spoken to by Mr. Maxwell Max-well before that time to attend to that case, one Nelson Patrick informed in-formed myself and my partner, R. H. Kobcrtson, that acting by authority of the Flagstaff manager, he had spoken to several other attorneys to assist in that suit, among olhers, Mr, Strickland. I am not positive that he stated the amount of the retainer to Strickland, but my recollection is that he did. Thai in consultations held on regard to the management of the case, Mr. Strickland waa present on several oecaions, advising ns to the course to be taken in the case. After the issues were joined in the suit, and after X'. M. Maxwell had MU-c-Tf dud to the sole management of j the Company's business in Utah, which he claimed lo have done about Nov. l"th, WIS, at Mr. Strickland's' requrst, I informed him (Maxwell) that Strickland was in want of money, i and clainw-d a largf amount for fees duo in the Kmma Hill ca.e, and on ; an old retainer. Maxwell told me to I fay lo Strickland that he would pay I him SI, (M0 the following week, and deni.-l !;( th.-r.. was anv retainer i except in that case. Jieavc nicer tain instructions in regard to a settlement settle-ment with Strickland, and directed mo to ascertain upon what terms a full one could be had.. The instructions were such as I do not ilesiro to elate, unlc-suj-on a requirement by the I and Maxwell w;is soon after superceded superced-ed by Mr. M. T. Patrick, ns superintendent superin-tendent of the Company. John K. McBniDE. Subscribed and sworn to before me this Uuih day of April, W l. J-'S. IL Noi nnan, Clerk, Ac. S. M. WIlSUI.'s AFFIDAVIT, S. M. Weselt, being duly sworn, ,eayj!: I am arqiiaintod with the above named OUd F. Strickland, plaintitl, and also Nicholas M. Maxwell, late superintendent and general agent of tho aUive-iiamwl defendant in Utah Territory. I was in the employment of the said defendant during tho Win- ter of 172 and S7H; that some time during the said Winter, while in such employment, I had a conversation with the said Maxwell aloul tho Flagstaff Flag-staff mine and the litigation pending and prospective against it, during which conversation the paid Maxnvli told me that he had retained Judge Strickland us an attorney for the above-named defendant. At that time I had not met said Strickland and did not know him by sight. I have since learned that Judge Strickland Strick-land is the plaintiff in the abovo entitled en-titled suit. S. M. Wksskw. Subscribed an 1 sworn to boforo mo this 1Mb day of April, A. D. Ib71. Ai.rra:n S. Ooflii, l 8 ''k Supremo Court of I I Utah Territory. .1. N. DKAMi:i:S AFFIDAVIT. J. N. Dramor, of lawful age, U-ing duly sworn, says: 1 am well acquainted acquaint-ed with the above-named plaintiff, Obed V. Strickland, and also Niciiolns M. Max.vell, late superintendent ami general manager of tho Flatstaff Silver Mining Company (limited , tho above-named defendant. That during dur-ing the winter of 1S7H I was tho proprietor pro-prietor ota hotel at.and resided at Alia Oily, Little Cottonwood CnOon, l'(ui Territory. That the said Maxwelwas frequently ni my house (hotel) il iring said Winter and tho Spring of said year, aud r have had many euiver-sations euiver-sations with him during said Winter and Spring about ho Mngstall' mine and Hind Company, defendant, and tbo litigation pending and prospeelivo of tho said mining Company, and an to tho attorneys ho had enipl.yed. During one or more of said cou'ersa-tionssaid cou'ersa-tionssaid Maxwell informed me lhat i ho bad employed Judge O. F. Strickland, Strick-land, tho above named plaiutill,ns an i attorney for said Company, f,i- 0ne ; year, at a salary of 1U,IHK). have no interest in the result of tin's rfiit. . J- X. D it A MICH. Subscribed and sworn lo before nic this Llith day of April. W l. 1 Joa. F. Xoi nna3, ' Clerk, Ac. J |