Show e t I FAIL TO ANSWER i I COURT I t s Petition Filed Asking That Mrs i I Walker and Mrs Smoot Be Bei Declared in Contempt J i j 1 1 DEFENSE MAKES A MOVE I Attorneys Attorney for Widow Enter Metten Asking That Entire Procedure Pr Be Quashed Qua d dt t I IJ J 11 the tk failure yesterday afternoon af et Aithea Walker and an Margaret Walker I t toot to the citation Issued out outa ol a tile the district court commanding their appearance yesterday to account for fori i property left lett by Ute the th late D T F P Walker an application was waa filed tu asking that the I be adjudged in l contempt of ot court The application waa wa w made by bythe b bI bythe I the attorneys attore for tor the children of the tha decedent who are seeking to break his hie hiat will under which Althe Walker WIker the f widow In I i practically the Ui sole eole benefi beneficiary t L ciary and waa was upon an affidavit fr filed by David F Walker a son lIOn n who J was waD recently appointed special adaJa dt S v lit rater of ot the b estate ute l 4 J r Under a stipulation however the matter will nut not come couie up for tor bearing BC i Until both Monday J I Developments in the Walker Walkr will ease 1 q reached almost a crucial point vester elte day da when for a time tune it h wes waa thought n th that t direct application for fur a bench war warI I I rant Iran t for tor the arrest arret of Althea Walker t th widow nd md Margaret Walker j i I the daughter would be made madeI I Although Mr Mn Walker and Mrs lira I j i were served red whit a citation to 1 appear before the Olin court to tu account for p property alleged to belong to the estate tate i I of 4 t the deceased L O 1 F 1 Walker and J t wrongfully held by b them the court nr or odor mer l er was waa ignored and they have nave left lett the I j state IStatt t y Appear r rI I Mrs Irs Walker aud alad her daughter were I however represented through their at attorneys atI I j O 0 C Nelson aed John E Ben Bennett Bennett Bennett nett who filed a motion asking that the theS S f J I citation be set art aside and that the order 1 1 i requiring the defendant tu to t appear in III IIIi incourt i court be quashed The motion seta i forth that the county clerk had bad no legal authority to issue the citation that I another action of ot the same purpose se is ts tsi i 1 I r OJ pending in the federal court that f there is ill now OW the tile federal court an application for tor the III appointment of ofa p a receiver for tor the th estate that the ap appointment 1 of ot Davia DavIl Frederick Walker OB as a special administrator waa wac illegal legal 11 that thaI Althea Aithea Walker as the surviving I wits wit of or the decedent had not requested in ln writing or otherwise e the appoint of ot I n F Walker as a administrator M The petition also allio alleges alle that the petition of ur David Frederick Walker urier whid lie ht was wa appointed special admi was WitS not filed in good faith or tell for the th purpose of or tr U caring earing fur tor the property of the de deIt deD It IX n K F Walker nor for the hens bene benefit fit fIL fl of Ut creditors but for tor the purpose Of ot compelling Althea Walker the line Ing wit wife of 01 f the decedent dec ent to testify as is asto isto to the location amount and character or Ii property belonging to tu the estate so I th said testimony could be used by b one oie Sarah 1 rah irah A Paul In ill the fram framing tug ing ot of hr petition in the court of the state of ot hah and to overcome a eer certain tain leiti ruling by the Ins federal judge of ot the tale eLito of f Utah tah wherein that thai court e urt held Mid that tIit t t I no DO evidence could be legally elicited from Althea Walker Wa er Margaret ret Walker alker Smoot mOot or Clarence Walker Walk be before beJ beI I fore for the issues in said action wen war wea prop prep property prepa erty erly ed made up and Joined a J I 1 Petition tilled Piled Almost simultaneously with the fil tn I I ht j of tilis motion a petition asking I t td t Walker alker and Margret Walk Walker er I be b adjudged guilty of con contempt on ont tempt t of ot court ourt was filed tiled by David ald F FI I Walker alker the recently appointed special administrator of ot the estate of ot D ft F Fi I i f ti Walker Tills This petition was waD in the na nature naI ture I J rf of an affidavit aHida alleging that the omen named are in the wrongful pos porn I session of over of ot the effects and andI I estate tate tata of ot the decedent and that this has ha been concealed by the said per persons sons with the intent to convert the thea t a same to their own use ue J j The affidavit after reciting Ute the ap of ot D F Walker as special C r administrator on October 11 II and the 1 uan of ot the th citation against Althea Walker and ard Margaret Walker Smoot ays aK a ii That with intent to conceal said property and to t obstruct this court coort In Inthe the administration of ot said estate and Ito to tu defeat the th enforcement tt f said Id or 01 order i ider der have bave I meaning the worren Ien men meD mentioned ft I I II I concealed themselves thel e and re me refused fused to appear ap 1 before this court for tor examination and aad nd as aa this affiant la is In Informed Int t I wormed formed and verily believes have fled from om the state of ot Utah and beyond l the jurisdiction of this court and d are now domiciled in the tte state of or Idaho Ibo The affidavit avers that the women S J b tied fled from the state tate ef ot Utah on the h i 1 evening fn of October SI U a few hours after fter the service of the citation with i i the he intent and for tor the purpose of ef de do defying 4 the order of ot this court Hearing on Monday onda Under Ute the stipulation made between tweeD the attorneys attorney att representing the two Wes sides in the th latest developments In the i I r will ease case both the hearing ef of the mo motion moden IUn den tion for tor the tha annulment of et the aad in the contempt COD tempt proceedings waa wu continued nUU d until Monday The order granted by Judge George G Armstrong provides that t the motion for the vaca vacation lion tion ef ot the citation shall shan have haTe prece precedence i I deuce dance in the hearing bearing over the proceed proceedings ings tugs in the contempt ease Should the plaintiff seeking to break the will t eed over the defendants bench benth war wart t trants will ts be b Issued to secure the ra ma rait reo f it tura urn to the city eUy ot of Althea Aithea Walker and Margaret Walker Smoot who with the son and aDd brother br ther Clarence Walker are supposed to be speeding toward the northwest t in ht an att automobile |