| Show JUDICIAL FALSEHOOD hubl huhl J BER three XI HAVING proven beyond successful contradiction thiv that bor Boi remans emans emana decision contains two direct and tal tai palpable falsehoods we now direct at to a third untruth them these executors have allowed claims against the estate to the amount of hundreds ol 01 thousands of dollars barred by the statute of limitations and aua without wit wil hout hont submitting the baine to he the probate couil court this charge is ro repeated panted iu in another place in the decision lorl boreman in an being heing apparently eo anxious to accuse and abuse the executors and to make big bis charges assume an imposing magnitude that ho he had to ao do double ablio on some of his aspersions this allegation is given in support of hia general charge of a wanton and andS s waste of the estate ly ir what are the facts these in the sott settlement lement of the estate some claims were presented of open accounts which had been running for several year for instance Z C MI MT had bad a balance of account against president young of on proof that the account correct and the claim valid it was allowed by the executors and paid no one deputes th the jus justice tice of the debi debt even boreman does doea not bay eay it was an in unrighteous claim but he bays says it was barred by the statute of limitations tat ions ais bis sta statement is a falsehood we have leen keen seen seen the accorn account t on the books of the institution and speak that which we know the account between president young and Z ajo olo JO lyt INT I 1 was an open mutual and current account ic it ran on tor for years he obtaining goods from the institution and paying amounts f from ram cam time to time iu la cash I 1 and selling belling to it hides bides wool cioth cloth and other merchandise disey disei the value of which was credited on account A monthly statement was regularly rendered tendered copies may be seen and the original statements produced it necessary the last payment by president young on this account wa waa i made in march 1877 th the e settlement was effected between the institution and the executors february 1878 was this account karrell tarred by the tho llo hlo statute itt ti ibee tee I 1 bee see 19 in an action adion brought to recover a balance due upon a mutual open and current acco account lint tint where there have been reciprocal demanda between parties the cause of 91 action shall be deemed to have C i U ba from tho the lime time of the last pm m pro proved veil veol iq 4 the tho account on eUber glde here re is an leoper open mutual and current account showing reciprocal I 1 demands between the parie pep pey the items proved by thu tho pre estment ent menh ment and ancl acceptance of Ino luo monthly athly state statements menti ana ani and Us its last item thus proved in the account was in march 1877 prom prom from this I 1 dala data to the tho settlement eleven 4 abill oni elapsed the stat statute fate fite PP ppe P f heriod actions anay be for the he ie recovery ol 01 leal teal property says bays bay eay 8 bec bee 17 wiehl a two years an open account for foy 0 goods barea warea merchandise and for lany any article charged in adlora a adora account did two years elapse between the times of the last item and of the settie settle settlement menti no only eleven months if it be claimed that some of the entries were made more than two years before bedore the time of settlement we answer that they were covered coveted by subsequent payments the rule being to apply the payments on the back portion of an account current if this were not eo so it would be a bad thing indeed for every merchant in the territory who has credited any disho dishonest customer for goode goodr but aa as we have shown there ia is a special provision for accounts like the one in quest question loni ioni making tho time of limitation date from the last item proved in the account viewed in any way ways then this thia Z 0 M L I 1 account which is the largest in the list referred to was not outlawed and borremans Bor Bo remans emana emans assertion is a wilful faise false falsehood bood hood uttered in abuse of the executors further farther the sum eum of all the claims thus referred to in the decision does not reach hundreds of thousands of dollars and not na no of tat them was barred by the statute 0 outlawed claims were presented to th tho trustees but were disallowed and some that they considered barred were referred to the probate judge and paid on his approval the executors there thene therefore foie foxe not only strove to obey the instructions 01 of he testator in in the settlement kot tot ab alt his bis just debts but paid due regard to the tho provI provisions alons of the law jaw a iv in relation to these matters so much fon for the first part of judicial falsehood number three but it is a double fabrication we iva will now consider its latter dart part boreman not only falsely accused the executors of hundreds of thousands of dollars of claims barred by the statute but of doing so without sub subbing mIng the same to the probate court the account count of Z C M I 1 which we he have ve cited as a sample is endorsed approved and allowed elf eli elias smith emith probate J adge I 1 bo 86 are they all what gigantic impudence as well as unblushing falsehood is exhibited in Bore Borem manlis aum auB statement the proof of his untruth is so easy to be obtained that it is pe perfectly afe etly amazing that jn in his bigotry and anxiety to assail the executors he should have so far compromised himself now is it to be wondered at that we in common with the large majority of the people here bores should entertain a sentiment of detestation against this arrant libeler of good men the tho DESERET NEWS has no contempt for the court we have always siu fiu sustained stained the majesty of the law and the dignity of the courts but we openly avow our contempt for the person Borem anand wherein he departs from the alne of his authority and abd from the bounds of truth to calumniate our friends we shall not mot hesitate to expose hla hia i infamy or to hold his wrongdoing up for the execration of the public we have kept our peace under many indignities we have born the insolence of petty tyrants bolding temporary power we have not turned away our face from the miter nor retaliated after the vilest abuse has been heaped upon us but we claim the right to stand up in our own de defense fensand and we have ample and sufficient clent clont weapons we wo do not ca care re to threaten andio and ana do not intend to act unlawfully but if this persecution fion and unjustifiable abuse of our leading continue we can open a battery that they little think of one charged with facts which we shall not hesitate to dart at heads that are now dem dof dennant defiant flint and haughty and shall not be lo deterred from our course by threats covert covent pr undisguised we have truth in and right on our bide side we the who are ate the authors of the tho strife stirred up against usand us and with the slip support port pont ready to sustain us we may not stop till we carry the war into the camp lamp of the enemy but we have nos noi yet finished with Bore boro boreman mali mati |
