Show THE CHURCH SUITS avor il AN SERVED ON HIM ir peters after property sold by the church tho government is doing all it can to obtain possession of property sold by the church even that disposed of before the passage of the edmunds tucker law several days ago the taking of testimony in tho united states vs the church of jesus christ of day saints was proceeded with before examiner sprague with mayor armstrong as the principal witness on friday mr armstrong was interrogated at great length in regard to his purchase of worth of street railroad stock from the trustee in trust early in 1887 he gave an account of his receiving the stock and also of having fixed a promissory note for it which he redeemed shortly after by paying cash the attorney for the receiver was exceedingly curious to epam all about this part of the transaction and was answered with frankness he wanted to know where mr armstrong paid the money and to whom and was informed that was paid at the witness house to president john taylor in person this was in april the remainder was paid to a messenger sent to receive it the attorney asked for the mayors certificate of stock and mr armstrong told him where it was and that he could have the privilege of looking at it but could not obtain possession of it as it was witness 1 property saturday afternoon mayor armstrong was served with papers which indicate that the receiver will make an effort to take possession of the street railroad stock which mr armstrong purchased from the church i the receiver tiled a petition in the third district court asking that the mayor be enjoined from transferring orm any way disposing of stock in the street railroad company and that he place the certificates of stock in the hands of the clerk of the court tor cancellation the petition sets borth that on march ad 1887 the church owned shares of the stock referred to and alleges that on the of march there were transferred to francis armstrong 2000 shares this transfer it is stated was to evade the law of march ad 1887 and was made with a secret understanding der standing that the stock was to be held in for the church and the transfer was therefore fraudulent and void the petition also recites that the church and mr armstrong pretend that the sale of stock vas baiza jide and asks that tho order desired te granted this geltion judge zane issued an injunction on tuesday mr armstrong was subjected by district peters to a long cross examination regarding the of street railroad stock purchased by him lor the trustee in 1 rust ho was interrogated frequently as to where ho obtained the money with which to make the purchase and that ho obtained it in his general business and from various sources further than this he de to make any statement I 1 mr peters then switched off to the purchase from the in trust ty mr armstrong of some herds of sheep this transaction also took place about the first of march 1887 part of the sheep were in southern utah and mr armstrong received an order from president taylor for the delivery of the sheep this he was asked to produce but declined saying it was his private business affair and he did not care to surrender his private papers for sheep purchased he had given his note for this was taken up whon ho sold the adeep for the next item mr peters inquired about was the purchase by the foot stock company of some cattle from the trustee in trust in february 1887 mr armstrong was closely questioned about this but did not know any particulars of tho transaction and the business was done by the companas comp anys manager the late fora morz little mr armstrong did not know whether or not the company had purchased any horses from the church the witness was questioned as to bis purchase of a dieco of real estate from the church this property is situated north of Z C M L general store east temple street and is feet the price paid was per foot mr armstrong gave his note secured by a mortgage on tho i property payable in one year the purchase price has not yet been paid us the note has not been presented although it was overdue mr peters then switched back to the street railroad stock and asked now mr armstrong can you tell where you received that which you paid to john taylor mr armstrong I 1 can but I 1 dont propose to any further than I 1 have done mr peters do you decline to an awer mr armstrong got it in a general way in my business that I 1 told you mr peters where did you get the I 1 with which you made the first payment to L john nuttall mr armstrong I 1 dont propose to tell you that mr motors whore did you receive the with which you made the second payment to L john nuttall mr armstrong I 1 dont propose to say anything more about it than I 1 have done mr peters do you decline to answer mr armstrong I 1 got it from various sources in my business mr peters what did you got when you sold your interesting inte abo mill mr armstrong I 1 dont propose to answer that is nono of your business mr peters do you decline to answer mr armstrong 1 do that relates to my business and has no connection in any way with this case I 1 will noi answer that question mr peters well see if we cant compel you to Well teat that matter mr armstrong well you cari teat if mr shocks you canic tell 1 cally where tho money came from to make thesa payments mr armstrong no sir I 1 got it m my business mr peters did any come from the coop co op mr armstrong it may have done i 1 do not know mr peters do you decline to toll mr armstrong I 1 do except as I 1 have told you agot it in a general way m any business mr peters will you refresh your recollection in these matters mr armstrong not if I 1 can help mr peters was not the street railroad purchase a mere sham and that you were to hold the stock in trust mr armstrong it was not mr peters was not the purchase afterwards rescinded by the trustee in trust mr armstrong it was not mr peters was not a demand made on you for that stock and were you not directed to hand it over to bishop preston or some one representing the trustee in trust mr armstrong no sir mr peters do you not hold the real estate in trust for the mr armstrong I 1 do not mr peters was not that the understanding der mr armstrong it was not mr peters do you still decline to produce that order from john taylor tor those sheep mr armstrong I 1 do I 1 will jet you read it but 1 do not want it put in evidence so you can push it into print mr peters why wont you produce it mr armstrong because it is my private business mr peters well well give you till 2 this afternoon to decide to answer my questions at this point a recess was taken till 2 p m in the afternoon mr armstrong was again placed on the witness stand he said he wished to make a correction in his testimony the purchase of the property on east temple street was made from george Q cannon and not from john taylor he had got the transactions confused the piece of ground was thirty feet wide instead of twenty seven feet the original purchase was sixty feet wide but one half of it went to abram H cannon and mr armstrong purchase was in fact feet mr peters looking at a memorandum what is this transfer from geo Q cannon mr I 1 object to that question the attorney holds a memorandum which the witness did not make and the deed is the best evidence of the transfer mr peters you may answer mr armstrong that ia the land I 1 bought sir peters you bought this 30 feet wide from the trustee in trust mr sheeks I 1 object to the attorney continually misrepresenting the answers of witness mr peters yon may answer mr armstrong I 1 bought 30 feet wide and made an error when I 1 said trustee in trust it was from geo Q cannon abram H cannon and I 1 bought together and each took one half the witness further said he was in error in saying a mortgage was on the property the note given had not been presented for payment did not know how long mr cannon had owned the property did not know whether or not joseph P smith sold aitto geo Q cannon mr peters Is joseph F smith a member of the church of jesus christof christ of latter day saints mr armstrong I 1 believe ho is mr peters have you been served with a subpoena since the noon adjournment journ ment mr armstrong I 1 have not mr peters I 1 want that order from john taylor mr armstrong oh I 1 got rid of that with this the witness was excused and james jack was called in reply to questions asked by district attorney peters mr jack said he had acted as attorney for the trustee in trust indisposing of property held by the said trustee witness received the note by francis armstrong for the street railway stock but received no money on the note early in the year of 1886 he sold shares of coop co op stock which belonged to the church to H J grant and others getting 80 per cent of their par value he had riot knowledge of all the transfers that had been made as the late president taylor had done some of the business in person witness had attended to most of the business done by correspondence but had none of the correspondence in his possession po session mr jack was questioned at groat length regarding tho transfers of property made to the various incorporated church associations of the different stakes he knew that such transfers had been made some by correspondence and somo by telegraph but had no personal knowledge as to the nature or whereabouts of the property transferred at about 5 p m the court adjourned until thursday |