Show CLAIM the case of carl P carlson vs frank H dyer receiver Bec eiver of the late corporation of the church of jesus christ of latter day saints came to am abrupt ending shortly after 4 p in march 14 soon after the hearing began the plaintiff claimed that in 1864 he deposited with joseph W young as church emigration agent and that now he wanted it back the evidence was remarkable from the fact that it did not even tend to prove the allegations of the complaint and when a promissory note signed by the plaintiff for the expense of emigrating himself and family to utah wae waa produced showing that instead of his having deposited money with the church agent he had received assistance from the agent of the P E fund company the case of the plaintiff collapsed the first witness called for the plaintiff was WM W TURNER who testified I 1 am a carpenter came from england in 1804 1884 met the plaintiff at the town of wyoming wyoming nebraska in that year yea rJohn john smith was captain of the immigrant immigrants company we met joseph W young who ld had charge of the a supply UP ply office for the immigrants immigrant I 1 only know he had charge of the store stor I 1 do not know whether or not tie the church had an agent there MARTEN D WARDELL testified I 1 knew joseph W young I 1 bashere was here in 1864 in 1862 1 I was su an per intending the emigration for the church joseph W young was in the soul south in 1864 CARL P CARLSON the plaintiff testified I 1 came to utah in 1864 1 I saw jos W young at wyoming he was in the office in the store in the church office we remained there six weeks then came on across the plains I 1 do not know that mr young was the church agent I 1 believed he was such agent it would be impossible tor for me to say he was such agent mr winters asked a great many questions that the court ruled out because they haj had no relation to the issues in the case mr carlson further te testified stifled the church made a request of us at wyoming neb that is some of the members did jos W young made the request I 1 dont know that he reported his hii acts to the church i JACOBSEN testified 1 I 1 live at mill creek came to utah in 1864 saw jos W young at W wyoming neb eb he preached to us he told us what we should do in crossing ilig the plains plainer he directed our arrangements arrange mente there wagons had been sent from utah to meet us and an bring us across the plains he tom us he was waa acting for the church I 1 did not hear him make any request bf of us such as mr carlson carison refers to mr winters I 1 demand the records of this transaction mr williams there are none mile this alleged transaction never occurred mr winters I 1 demand the record of the appointment of joseph W young as church enil emigration gration agent mr williams there is no suon budh record tie he never was appointed ne never ver was church emigration agent mr winters then asked mr jacobsen a number of questions as a to whether he gave his ate note to pay OY for his emigration these bete ru ruled led out as they had no bearing 61 on the case case CARL i P CARLSON was recalled and testified 1 signed a paper and gave it to mr young mt mr winters I 1 call on the deafen defense so I 1 for that paper mr williams produced the it if is a promissory note in ahw mr carlson carison pro promises koroni to pay the f perpetual emigrating ing fund company the expense of t ing himself and family this note has never been paid mr carlson carison then testified that be h e gave mr young some money at the same time RECEIVER F H DYES DYER testified I 1 received that note so property ert belonging to the P b V fund C company 0 mcany 1 I have no records showing the appointment of joseph josep W young as church emigration agent have some papers ra from hi lr T belonging to the P E fund company he was in the employ of abat company in 1864 a adf least east his accounts look that way f mr winters 4 I 1 was informed by W one of my witnesses that he knew of the appointment of mr young youn ao aa church emigration agent but find he was mistaken I 1 ther thereof eforO ask that this thia case be continued court we cannot do that at W WO stage mr winters I 1 ask to amend wy ua V the P si complaint by substituting fund company for the church 8 defendant court that is impossible T TA be P E fund company has and a suit could be brought in W the regul regular arway way have you any WOO to say mr winters no sir air court I 1 will have to MOW 10 your dour complaint mr winters well I 1 will 6 there yet I 1 |