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Show I SnpreuiB Court. Hie sopremo court of the territory r. mo1 rterday morning at 10 o'clock, I Pursuant to adjournment, and with- I out trangactiug auy business again 3 ionraed until the 21 ol August at '. vi' '5 wmo h0ur' 11 hatl been nopod ;enUV that the uow ohief jU8lice WQuld hl(ve been bee by this time, aud ae be i ad let arr'ned, the adjournment was J t'kennmi! tlio dam mentioned so that' J&T ' m? be iu attendance before the TUT A l7Ef. C0U" Clcae5 'r "w ttrm' A yet E(1 JdA'' ord whatever has beeu heard as to pnrner. !"i"1 b will bo here or whether he THK CONTEMPT CASE. j The Dercjsa Maka a Clear Case. !The Artfnnniits to Commnca To-1 day. Shortly after 11 o'clock the parties' in the contempt beariug announced i their rcAdinoaa lo prciceeJ, Judge I Boreman beiat; ou tbe bench. To tbe inq iiry as to whether tbe plaintida had any further testimony ;o introduce, Judge Sutherland replied that they had a little. A rather lengthy delay followed while a witness for the plaintiffs plain-tiffs appeared. An additional voucher of Pbarp and Dunford for $40.50 was offered, it being dated 1873. Objection Objec-tion was mde to !he introduction of this ay to tbe other document!. S, D. Connor was sworn and testified that he bad been in a position to know the market value of Utah Weotern bonda during 878; be had been a director of tbe road and had handled some of the bonds; liioy sold Uat year from $115 to 5135 ;in $1,000 hoods; the interest had not been paid on the bonds for a couple of years; the iutereut wa due every aiz months; could not tell whether the interest coupons were on the bonds sold. Th9 cross ex -imina-tion sho wsJ thrit the a ties of bonda had taken place during the summer or fall. So fara ho kuer there hid been little variation in the price. The plaintiffj stated that, with the exception of a cash account, which could be introJuced a( any lime, this closed their testimony. It was not conceded by tbe delenae that Brigham Young, the deceased, had resigned the office of Trustee in-Trust in 1873, and that Geo. A. Smith bad succeeded him, and held the office until he died, when Brigham Young again nsaumed it. In consequence of this unwillingness the records were demanded, and with these two exceptions tho plaintiOa closed. The defense then mads the following follow-ing motion, in opening the case: In the Third District Court of the Third Judicial District, of Utah Territori, County of Salt Lake. ON ATTACHMENT FOR ALLEGED CONTEMPT. CON-TEMPT. Emelino A. Young, on bohalfof herself, etc, vs. George Q, Cannon, Albert Carrinjfton and Biighm Young, ex-ecut'TB ex-ecut'TB of tbe lust will and testament of Brigham Young, lately deceased, and John Taylor, et al. Territory of Utah, County of Salt LaU, J And now como tbo defeniKnls George IJ. Cud rmn, Albert Carringlon and Brig-bum Brig-bum loung, iers'ually and by their counsel, sua move tho court to strikeouL tho evidence given in behalf of tho plAin-t plAin-t ill' us herein specified, this motion being made separately na to each aoverat class of evidence hereinafter ppecitied and numbered; and grounds of th motion as to each cIhes of said evidence, in addi tion to apeci Li cations under each class, are as follows: Thoro is no demand shown of any specific p'Oiierty. The allidavits on which tho attachment attach-ment was granted do not charge absolutely abso-lutely a duleoiion of any proporty or eliecta of tho estate of Brigham Young, deceased, or a detention of any apecilic property. ! 1 ho allidavits on which tbe attachment i'Sund and the evidence taken, only tend lo prove past waste or misappropriation misappropri-ation of the estate, and these q ieetions are in issue in the main case, and no proceeding hns been taken to determine tn-t the defendants have any proporty in their hands or which they should deliver. de-liver. Tbo evidence taken is in tho nature of an accounting, to support a charge of waste, and to ascertain what tho extcu-l extcu-l tors should be accountable for; and ilhcro U do evidence tending to show, Rg-.instthe denial and operation of the defendants, that at tbe time of the ap pointment tf a receiver, they had any r-pecific property or assets in their bands not dolivced; and if said evidonco, or any part thereof would bo proper as a foundation for evidanco to Bbow epeciflc property in their Imnda, it has not been followod by any evidence making it relevant, rele-vant, and these defendants submit they should not be required to explain Euch evidence, by counter-proof, in this proceeding. pro-ceeding. 1 The inventcry of tbo estato of Brighum Young, deceased, and exhibits "A," "B," "U, "D," "K" "J?" and "G," and all the parol evidence relating t" tbom. 2. The executors' account current, filed in the probate court, down to April aut'n, 1878. A like account down to December 31, 1878. A Bummary or balance sheet ot the two accounta current All the parol evidence relating to said accounts. 3.Vouchcr3 896, 397, 3!)8, 3U9, 400, 402, 403, 404, 405, 504, H05 and 218, being v ichors for the paymont of a portion of notes amounting to 05,000, made by the deceased in bis life time, all allowed and approved by the executors and probate judge. Also the pan-1 evidence relating to Baid note amounting to ?i5,t.00. 4. Voucher 230, acc't of Z. G. M. I., $75,545.8'.). Voucher No, , acc't of Truateo-in- Tuist, $9,141 SG. Vouchor 520, acc't Z. O. M, I , 39,4-27.00. Vouchor 204, acc't of Z. O. SI. I., ,$4,984 511. All of said accounts having been paid on allowance and approval by tbo executors execu-tors and probate judge. 5 Vouchor 422, being live notes to Deseret National liank, amounting to S77.00O, to wit: Noto of Carri,!gton $18,01)0; Brigham Yiiung, fcia.UUU; Uoo. ruwnold-', $15,000; W. Ii. ltossilor, 10,-400; 10,-400; O. P. Arnold, S1G,200. AIeo voucheis 2-15 and 400 for payment of intoreston Bnmn notes, the executors' accour.tu showing they received and charged themselves, and credited tho! O'tate tho money, and afterwards paid ihu note-. 6-Vouchor 530, Z, O. M. T., 7,705.00. Vouchor 240. Z (J. SI. L, $11,427.U6. Tho accounts showing the asets, wore ufod for support of families of Legatees; and accounted for under tho will. 7,Vi'Ucliors 108. 047, 211, 270, 224, 107, 247 and 200, also vouchor iios 106 and 409, tbo executors' accounts fully ihowinjc tho disposition of tho monoy. Also vituclier account iharp and Dunford, $40.50 I 8.-Voucher No 2-"2, statement of claim ol Noble Co. bank. Vouohor 34, 1,000, on U. W. 11. K. contract. Vouchor 127, $112, cos', bill on Maueta Chunk judgment. Vouchor No. . vouch lt of Le Grande Young for $750, f ir services. Evidence relating to the claim ef' !lrcal, Margin & Oo. Evidence relating to claim of Nobla Co. ha k. . Evidence relating to claim of Slauch Chunk bank. . Evidonco relating to claim paid C. 1 . Uunlinglon. Evidence relating to claim of I- Martin Miller. Evidence relating to claim of J. U. Dowey. hksks & lUwuxsana Bkxwktt & IJakksk'S, Attorneys for eaid Defendants. Judge Harhuesa aaid they would not now stop t.i dkriM'd the motion, so the submitting of testimony was proceeded with. Hun. Geo. Q Cannon took the land, and identified the lisU of property prop-erty purporting to have been on band riffcr tho distribution to the heire;it had been Sled about November, 1873; -O far as he knew, that was all that retuaiutd on hand; as to the real estate, it was either iu their possession or the leaeca were turned over to Marshal Mar-shal Shauguneer-y on Monday. Mr. Cannon explained tht two funds tud been set apart, one fur tbe support ot tho wives ot the deceased, and one j for the puyment of the debt?; the amount still remaining from the debt fund was added to the land fur the sustenance ol tbe wives, and he mJe some explanation relative to the matter. At the time or the ammencemeut of the suit, the executors ex-ecutors bad on hand no other property prop-erty than that transferred tn the re ceiver, excepting the crockery and the Rio Virgen stork. No property had been converted in view ol the proepecta ol this or any other suit. At the time of tbe transfer, Mr. SIcCornick Baid, in a jocose manner, that in addition to the property given him, ne made a demand fur the millions mil-lions or thousands of dollara lying around loose. Though aaid in a jocose manner, I took the demand as in earnest. The witness made a number of explanations retarding hid testimony when on the stand belore, and said he had in no way attempted to evade the order of the cuurt, and had done all in his power to comply with it. During our administration ad-ministration of the estate we had an account with Z. C. M. I. lor the support sup-port of the family. Mr. Cauuon stated that bidcC' tbe death ol Brigham Youug, he had been absent the greater part of the time. A number nf ooles held by banks for various sums aDd signed by Messro. Young and Carringlon, were shown the wit-uehs wit-uehs and be stated that he did not; know specifically what disposition had been made of the money obtained on them. A letter was hero introduced, intro-duced, tigoed by John W. Young, muning an auaignment of all hia Utah Western bonds to his father, and the witness explained that John W. Young had given this lo hie father lor his assistance to meet pressing obliga none on John vV. Young, which were held in the east. Considerable objection objec-tion was made to the payment of tnene notes, and we made a careful examination and consulted with the probate court and counsel before making the payment, and were eatis-nVd eatis-nVd that they should be settled. Besides Be-sides we were threatened with suits by the parties holding the notea, and by John V. Young it we didn't pay them. In the cross examination Mr. Cannon Can-non stated that he did not wish it to be understood that they were paying the debts of John W. Young, but that they were the debts of President Young. The witness never knew of any bonda having been turned over to Brigham Young as a coneiderati n lor the payment of John W.'e debts. Here is the agreement introduced: Fout Ei'URaim, July 4th, 1877. Jor value received, I hereby sell and transfer to President Brigham Young all my right, title and ownership in the stuck and bondc of the Otah Western Kail way, and relinquish all management manage-ment of the same to Frarident Hrigham Young, it being understood that Le-Grand Le-Grand Young is to take hold of tha s- me and as.-it in the sale of securities and the manngemtiDt - f the road under the direction or President Y-ung. It is also Agreed by mo that I execute to Lu-G'-and Young and Wm. Hilar, of fait Lako City, an assignment of alt my property ns trustees to make sale of thy same for the liquidation of my indebted j nass, iind when the business is setiled up; and debts paid, the remainder is to bu dUpo- dof according to tho direction of ;Prr;idont Brigham xoung; Witness my hand and geal theday and year abovo written. (Signed) John W. Youxo. RUDORR CLAWSON, 1 7;tonc Geo. Q. Cannon, j Witnesses. Recess was taken till 2 o'clock p.m. , After jeceee tbe cross-examination1 ol Sir. Cannon was resumed, and he stated that the object waa to take up the bonds, which the probate court decided belonged to the estate, rather than lo pny the debts of John W. Young. The bonds were appraised at 8400 I think, but we gave Ihem out at $300; as much as possible we consulted with the probate court about the Belling of properly, eto., but I don't know that any record was kept of tbo coneultationa; there ii in existence a document, signed bj tbe probate court, relative to the bonds, but 1 do not exactly know where it la- The money obtained lrom Ihe sale of the bonds was paid out in the settlement of debts, as the accounta current will show. We did not consider con-sider that any advancements had been made to John W. Young, hence we did not charge him with any. At tho time John W. made the contract con-tract with bis father the Utah West em bonds sold for $700, and tho president thought he hud received more than ho had given, Iu regard to theGuardo House, I secured lrom the church $20,000 for Mary Ann Youug and Amelia Young, belore tbe church took uoasession o: the prop erty; Mary Ann Young, being John VV. Young's mother, gave him an order ou us for her share, and it was paid to him by us. The executors employed a bookkeeper and a clerk; the bookkeeper received $3,000 per annum; besides these wo had Mr. Rossiter, at a salary of $2,000, I think, to look after outsido properly. In regard lo the name of Mary Joe Young, which does not appear in the will, I would eay that she was considered con-sidered as one of the family, by the action of tho family itself, by whom it was decided she should be treated na one. If we had received the same amount for the bontla aB wo did when we began paying John W. 'a debt we would have realized a handsome profit, pro-fit, He did not know of his own knowledge that Mrs. Mary Joe was taken aa a member of the family, or aB to the price of Utah Western bondo. Mr. T. G. Webber was called Ho teiiitieJ a8 to tho property contaiued iu "Exhibits F" and "G," and also relative to a Dumber of Utah Ceutral bonds. One hundred of these bonds were loaned to the Coop, to be paid in like bonds or to bo paid at the rate of $800 to tho bond. A statement ot the account of Johu W. Young was mado out, and given in evidence. It was ahowu that the amounts here were paid iu money, but all ol them redeemed re-deemed bonds which had been pledged as collateral security. The executors paid out in money $53,632 22 and 21!) Southern bonds lor which they re ceived 234 Western bonds. The first account was paid about one month or six weeks alter tbe president's death and the remaining notes were paid along until August or September, 187S. The Utah Western bonds dropped aa eonn as the heira begau to put them on the market. At the lime of the appointment of the receiver, re-ceiver, Mr. lliiaeiter was the only per ami that had "any money ou hand, which wns turned over to Mr McCor-uick. McCor-uick. In the crobs-examiuatiun the witness etaled that the account introduced intro-duced covered all the sums paid for or given to Johu W. Young outside ot tiie matter of -his share of the '.estate. Hon. Brigham Young to.k tho eland: " Exhibits F " and "U" were .shown the witness and he repeated his statement relative to all the prop-fcrty prop-fcrty in their possesion having hcr-n turned over, so far as ho knew. He had complied with tho cider in good taith as far aa he kucw, and puttd Utiat it was not in his power lo make uocjd euch appropriritioi j is it was I-iaiilH-d had K n improper y made. Mr. Y.-unu made an expianlion relative to the notea givt-u to Juuii W Young, hv which he (the witneEs) jwai iuin.oted to fill them cut and t;ive them io John W. Young. He hIeo made an explanation relative io the notes given by parties to the bank", which had been paid by the estate, and stated that toe moat-y was borrowed (or lue use ot tbe eetale. Relative to the "I O. U. $500," given by bira and paid out of the eelate, Mr. Young sUttd that tbe agent ol Emeline A. Young, the plaintifl, came to theexecutors and stated that she was io great distress in San Fran cieco and mu-it have money to redeem re-deem her clothes. We had no money, and borrowed $500 out of the P. E. tnnd and Bent it to ber, thai she might redeem her clothing. The amount was charged to her in the settlement. set-tlement. "Exhibit 1," published above, was shown tbe witness, and he stated he thought he had eecn it t e.'ore hie father's death io his (atber's hand:, and that his falher bad said he had Ukeu -full possession of John W.'a interest in the Utah Western, and I know hB had taken possesion ol the road, and had advanced money to pay interest on its bonaa. Tbe witness also testified as to the property received by him iu the division and the amount us an executor. Since the 1st of last January he hud probably received a further percentage of $100 to $300; the other executors bad probably not received so much. Hon. Albert Carringlon was sworo, and his testimony waB substantially the Bame as that of Mr. Young, as far aB be was examined. Mr. Webber was recalled and stated the manner in which tbe executors received the percentage allowed tbem in tbe wi l. Ue stated that he was paid $300 por month hia salary, all told, amounting to about $2,700. About $1,200 had been paid Mr. Koasiter. Hon. Geo. Q. Cannon was recalled and testified relative to the $77,000; in which General D. H. Wells was connected, and Baid the amount was paid in order to settle an account be tween President Young, General Wells and the Deseret National Bank. 1 Mr. W. VV. Riter was sworn-President sworn-President Young took possession ot tho Utah Western road. He had a consultation with President Yount;, and the agreemeut signed by John VV. Young was shown witness, which he then identified aa being similar to the one President Young had exhibited to him. Mr. James Jack was sworn I never received a salary from the executors, ex-ecutors, They have only given me money for acknowledging deeds aa a notary. The witness stated that a number of notea had been filled cut to John W. Young, signed by the President, amounting iu all to $65,-000. $65,-000. He altto aaid- On the 11th day of July, 1877, Brigham Young came to me and asked me to make a copy of a letter (the one published above ;ind signed John W. Young), and staled that he had taken possession of all of John W.'s property and bad essumed ai his liabilities. June 2lFt, 1877, President Young paid Royal Bassett $16,000 to pay interest on capona of the Utah Western. The case of the defeuse here closed, and tbe plaintifi's desired to enter a copy ol the church record relative lo the resignation of Preside at Young aa Trustee-in-Trust and the appointment appoint-ment of George A. Smith. This was objected to, and pendi g the matter, the court adjourned until 10 o clock this morning. ! |