| Show CUTEST aj r tat IRV egts the contempt pt case the proceedings in ith the 6 byar contempt ewe case up tip ift the ourt jan 15 16 aad ad w was argued DY by ohp oh ak M are ane read a tram arora a brief une je fecitt te citing the ap X naje aft of af a receiver IN ifa the etna of the th united sames agaline ngai tiet Chure churell lh farabe for the property pro fesby of belat W aua c e au to dauie fa fisit pt that me ia lad in interposed reposed nd 4 arec TO the ae AMO id abr by ayche the re eier for conen atton at aas a as boat jete mr r zane by aa 60 wh a ti t if yo clr f n r mv mr jafffe said eaid it nasf wa a t deive mr ayer Dyer in cw cox in note W regarding 11 pug tj his 1 course as beer we oh 1 9 afi hatt W t that hat haa arvd upon dyran dyer afner his actor 1 1 T i r rean 4 tb the 6 re report oil of IT tae alt sul ge I 1 aa as fbi f tal los 11 ia te umma states of 0 werft aa t va v the me late arati ta t MAW 0 j f 9 7 1 ado loaf ler dw ants en t to the he said co courte ritha the ulder signed deports ports Te ori off the at ath day W 1888 the sterk of th imort delivered deli vered to soa am ta certified copy of mie ue 9 aad order of reference made e I 1 by th thia court on the d day ay 0 of f november Wo november vember 18 and IE I tet aft order herewith plarlie pi arlie X notified Boti fied the abe co counsel insel of the af pf the place and hour w where h ere C and axtin when ian the proceeding I 1 la would d be taken up in accordance with the derf and on the WS 38 the houn qa 0 and loandell 11 a ui t li parties ai and their counsel attended at af the judges dh chamber amber iv iti the wasatch building in this etty alty zane zane aad ad SL K N baskin appealed appear as counsel for petitioners petition ae ers and J B R matri mc firine and 0 W pov powers e r as counsel for the receiver ind and b his is attorneys tor who I 1 in n th the e proceedings edin geare are called ren respondents dents I 1 took an oath as referee chich is returned herewith marked exhibit B with the consent of counsel for both part parties I 1 appointed frank M mc gurrin as reporter and he took an pah gathof af office 1 ana I the appointment and oath were returned marked exhibit C I 1 I 1 I 1 suggested ag that the witnesses hould should be before some officer authorized to administer oaths but counsel for both parties said they had bad no doubt that my appointment as a ge me the power and agreed no question concerning such power should be raised alsed thereupon the parties being ready frank H dyer waif cal canadas as a W witness beis by the petitioners petition ers and was duly sworn and ris bis as a witness proceeded until under the advice of his counsel h he e refused to answer certain questions propounded by counsel for petitioners petition ers and which I 1 ruled reas within the scope of the order of reference euce and should be answered counsel for petitioners petition ers declined to proceed further farther in the hefta ewe unless the witness answered the questions and the oae witness gwi devlin ipg I 1 held I 1 had I 1 no DO power to enforce enforce an answer by proc pro proceedings for contempt and could only report A t alm to the court 00 artl hemba hem qA the petitioners petition ers for formally audly declined to pro proceed eved and I 1 closed the examination I 1 annex I 1 and elid return of the n mr hr dyer so far as uk take ang including tad Ina luding ahe th questions asked fiad na wien ue 1 d to answer and the sa aard testimony emony is marceo exhibit W 1 I 1 malte mal e ill all MM a retort exhibit A the pro to bowings Wings olk OB the examination of frank p dyer r ling as fax far as T covle ova DV ravin having the reporters fiort 1 and nd the arguments of counsel ai hiie 4 the 90 4 I 1 i a a fullee report and I 1 hjal 4 separately Mc bojc ax cotriel A copy n v atme 0 e including luding all ia ra in eb awn submitted rassy R nasr Befi referee aree A L portion p t the testimony given jbea A the ex ar ammer the e U PI Reee ver dyer yer refused to was read itar yb r thin mhd hii of yae coart mr W une then proceeded with his bis argument relative rala tive to toabe the motion to have e mr dyer adjudged in contempt the feeing being that the refusal to egiy was ue he said was certainly mily something peculiar liar about about the Arcure compensation as the receiver celver and ma attorneys were very efy aux anxious ious to exclude lau all inquiry this whole amiter should ti bv J adge Judge on vers reciting the beveill events that lied led up to the appointment meAt of a referee toli eat testimony 1 I thea the chagos nude the od and ancl road read tae caa wo he said that counsel bounsel for fo the th t e other side proceeded upon the theory that they were coh continuing til lying the examination beebi before judge adge sprague as to compensation instead of investigating the charges or of cofi fi fraud and unprofessional conduct when the receiver refused sed to answer ques questions dons outside of 01 the the investigation they threw the whole thing up not even attempting to introduce evidence on any ally other judge powers submitted freeta affidavits to show that the renting of the church sheep to my mr at twenty cents per head was a reasonable figure the accusation being that the roe price should have been doble that amount jud av zaner we have a right to produce duce counter affidavits to show that our allegations are true judge powers read from the affidavit d avit of mr pickard that the sheep were worth only per head bead and were re worth but ut 20 apato per iper head on a 11 one years year s lease on a three years lease good sheep would be worth 40 cents judge powers ll I also have an affidavit from william harker the first ret born white w hite malt mal child in this territory judge sandferd judge zane will not be required to combat that iaac lent lenwill WW he judge powers powe s well no mr harker says it is botorf notorious ais that then men hayg always pay their poorest sheep in anfor for tithing and od that these sheep were worth not to exceed per head mr 1 thought 15 cents per bead ead was enough judge this testimony is 18 not the matter before 14 u it does not I 1 beng here adge powers then proceeded on nis his motion to make corrections in me order of ha fhe gg as ao 90 that it would follow the the court i he also asked thattie th that atthe the contempt pt proc proceedings eddings be dis dismissed alad nd that aase who ha h had ai I 1 niad made the a against the re received receiver and wo should have no ao WP anding tan xUng to ju this murt court they the were are ansing W the investigation f for br purposes a that were ke not within bation v F thin th ehfe order bf court they had bmw up like ke a threatening thunder IT chich nich cheo hen it b buksta un ts coarns nothing but wind that 1 au all there is sin 1 ri these charges judge zane za cloyett cloe ett he that shoal I 1 be to w answer questions relative to so his hie as rep receiver elver the moon motion tion to change the orde the flie court Q OA asto 00 as to the atte ob objectionable as aa he be wonted wanted ta ais quite Uirt Onto nto the of compensation a the receiver evidently leans toward his ow oti oh the pe alary mmary 6 or his big labors he emp e toyd as states marshal ma rahal is als paid by the 0 government to w nd this church h n property r 0 r tj judge cu d p the jane n said I 1 dmd fe up to the ithe property for when it 48 virth T jold e powers produce cobl your proof 1 I adge hanx zaue e do I 1 t if a 4 chance I 1 JU 11 sandford gand ford what bli hinders idis you y judge sine ahne the recel receiver verr refused to bd answer and we wished 40 0 o proceed in order this property properly was orned by the church and money was ai accepted in hi lieu of it the figure being less let thai than its ita value at the cabai nation before J judge u sprague air dyer said he had fixed sprague his h f s mind as to 0 the amount he be should receive and thought it should he not less than he mad notified boiu tied the defend defendants anto that that was his claim and they said mid they would not have opposed R it nin mr peters would not notari abet to fo mr Dy dyer ermid said and thus left the government without a representative As to the compromise the court approved it ou on the representation of or counsel and I 1 were here not apprized of the real value of the property THOS mars H ALL I 1 I 1 I 1 I 1 pid aid I 1 dont know whether thoger the pu deman intends to impugn ny my I 1 integrity or not but I 1 will say that the testimony that the government had to act upon re regarding rd ing the property known as the wells corner was very slight and they had really no testimony could not have set aside the sale by the ahe church the case for the government was very doub doubtful and ina when eu they offered for a dou doubtful aji claim I 1 advised the receiver to ia take it I 1 think any counsel worthy of a standing at the bar would bave done the same the amount tendered ws the proceeds of the sale of the property and T thought and anda do now think the compromise isa good one JUDGE stated that ae he did not noi intends A slightest I 1 b reflection n upon mr marshal mara A alfe ti uan u 1 ed 4 ma sidd and in regard to tha sheep sal sa lathat mr pickard k lead 4 them for 20 cette ber r head e a anif ld u shout p eyen e taking possession F R IF 8 hi e to another party 9 u ce cu Sati sf iler head th tha receiver aked abr Er peTty wo worta rt 2691 tv there was botne e wipe t 0 h 1 fibbe never took b 0 of a au X 19 t his labors iler I 1 ly t therecer h eel vetis entill t arndi mt claCa iea I 1 W hb ald not no e eer er cibe business cadei ak 61 in f this h 19 case sat twi rid d w we e despu U towe his e claim ini ita fite dugatto be compelled 9 ahat ile aos kohser toh ut ser er those questions that 1 replat reply to A at this point court tooka took a recess till 20 f ao pm pai sheia judge zane ble argument and the bater snafter was taken under edview ment meat in the closing part oflus of his remarks I 1 judge d 6 zane no grew rather libbe r warm and ah d tre reato reason fi they hava in the examination nation was be aus ethey vented aeed beeding bg ax in regular order they wo would d prove rove their allegations allegation s it if they had th the E cune chance the them thedac mac ac cording to mw law the should not be turned its ite original intention the question of the 1 e receivers compensation n should into and it would 10 alt be ati an nary lot on the part P of ahi court to further t e s awny Is this court afraid of the light 7 it Ts surely rely ought not to be alae receiver had made ft at claim for and they wanted more light on the subject they wanted to know why mr dyer had been hob bobbing wah men underground they wanted to know how ho he made arrangements with the leaders of the mormon church some soine of whom hom were in his cufeto dy as united states marshal he said the law is on the border of that on dhigh legislators bae no right to legislate it is taking a large amount of property from a church I 1 held the law with my tr brethren ethren on the bench benah to be conati tut ionaL I 1 dont propose W to see any jaud aud in connection writh w w it I 1 donac wan want t any dai disgrace race jitt attaching itching to my na name ifiLl javali at this 11 I 1 I 1 s portion 1 of hj his speech judge zane aborted AV at tho the top of bris bis voice aad struck iek the table such heavy blows that it fairly danced the noise thus thu created drow drown ned edthe the speakers vol void be lit ft some of df his more vl I 1 have an interest im an jhb vase case I 1 want this property honestly dealt with the whole transaction should be free from re reproach avach from sui suspicion pilon and it ft is nt agn now I 1 ask that this investigation vesti gation ti 9 a goon aad d go on fairly on 74 all th the e issues in the petition let everything lie be exposed to the sunlight and prevail we debt went want tho the truth smothered strangled in this fais cast aas judge genderson you say that an improper compromise was made and the lund lost money you idy say he wrong was by vite the or ate flea if thesis fe truy true it 41 he be rw ight any tion whatever andge ane I 1 it would be right it judge hendereson Hend Hende ereon rsm then wb why y need time tim inthe work we Was mot done vl A s budget za zane we we want to show be e wark was not lio honestly nestly Y VW must mua have evidence be 66 fobs you aft show chaj uga beregan the T he ques question tiou of compensation sa L wil will be thoroughly in it t the court Juil judge gre sandford jhb eburt court did not intend to refer aei the compensation to judge harkness Harka ees that thai had chad been referred d to judge sprague judge was to amar your charges of frautz fraud corruption and cionek that afta nothing joae boiset c judge judg zane do you decline to hear furtner testimony oh W wa have noc BO passed charges Cli arges ara mad against 0 officer court an ani I 1 ey ordien hinves r judge blui di zanette Za neThe object 0 athe charges ba iros at tb toSS feet the bompensa adon and im aade yie the fiend nothing more we did not make them with the of having baying receiver remo removed W or even of haeng a film censured liy hy ine court wt but only to deduce hiar compensation 1 jage to judge zane rid pd you ou draw the order of the court judge 1 9 e kinei aane I 1 never saw it I 1 aleer wrote row it I 1 P all may that J ot t emore out of MID he be was entitled to under und d er the law his leaning was w as not tu to us but to the other side aide judge sandford sharply sha T lat we wish no imputations of that kind here there was some further talk be tween the attorn attorneys eyA and the hearing bearing was closed and the question taken under advisement by the court we deem it proper to append au an explanation to the foregoing amount account of the proceedings in this extraordinary matter the implied imputation cast upon the memory of judge sprague by judge zane is we are authoritatively informed emed utterly unjust bemuse because without foundation in fact we re ferto refer to the asse assertion artio n that the deceased attorney reb received elved one hundred dollars more than he was entitled to for abr acting in the capacity of examiner we are as that judge Sp guels compensation was ten dollars dollar a day tw that be performed twenty days work and received two hundred dollars this is the first uwe time we have ever known judge sprague probity to be impugned and a PA the dead cannot speak for themselves it is but right that his character should be defended against what appears to be an unfounded insinuation if this insinuation proceeds proceed as was once asserted during a legal proceeding by judge 0 VP W powers from one who himself accepted of a thousand dollars more than he was legally entitled to it comes with exceeding bad grace onaca stake conference the regular quarterly conference of the onelda oneida stake will convene at franklin on sunday morning lan jan at 10 welock and will continue during that and the following day A full fud attendance of the bishops high councilors councillors Counci lors and home vies aries is desired ds ired cad C sm H HALs HALB M P F presidency of ahe the stake mrs Hendrick sons ca cee on jan 11 at ogden mrs hes ter hendrickson was the penitentiary by judge render headerson bemuse because she would not testify before the grand jury as she was a legal wife and the prosecution was against her husband who in ift now absent in norway being in that country on a mission in the supreme court on jan 16 J L rawlins called up the caw on a writ ol 01 habeas karpue in this case a charge of polygamy is sought to be proved against john hendrickson who Is ia alleged to have married mrs hendrickson and mary lloyd on the lot of january 1885 1895 mrs hl testified flod that she waa married on the and was the lawful wife of john hendrickson she claimed her privilege of declining to testify |
