Show IN A PITIABLE PLIGHT THOSE who have perused the testimony given by judge C S zane before examiner harkness in the 3 investigation into the conduct of receiver dyer and his attorneys will be forced to the conclusion that he is one of the poorest witnesses that ever took the stand this foot fact shows that a man may be even a competent judge when his prejudices are not engaged and yet act almost as if he were an imbecile in some other capacities some of his phrases frequently repeated were remarkable for unintelligibility there appeared to be no fixedness about anything particular in his mind among his favorite expressions were the following 1 t I am inclined to think my best beet recollection icil is As far as I 1 can remember I 1 1 I 1 I am not sure about the last one something was said but I 1 do not know by whom I 1 it to is my impression if my memory serves me right under cunder the circumstances 1 I 1 q I may have said it but I 1 dont remember now if the ex chief justice were to be placed on the stand a few times more these ambiguous replies to interrogations would become as familiar to 41 the public as those he was wont to X use when unfortunate mormon were brought before him for trial for unlawful cohabitation under the segregation plan among the stock statements used by him in such auca cases in answer to objections by the defense were overruled Overrule dt replying to objections by the prosecution sustained these rejoinders rejo inders were given with such unvarying regularity that they could always be anticipated speaking of the quality of witnesses during judge juddi zane zones Is career cara on the bench of the third district it was the custom of the former jaros proa buting eluting attorney to berate not only men but also women and children of tender age who appeared in that capacity summoned to testify against their brothers husbands and 14 fathers if witnesses failed in their memory regarding points the government prosecutor desired they should give testimony upon insults were directed towards them and charges that they were guilty of wholesale perjury were freely indulged in to the great distress of those to whom the insinuations were addressed the court instead of protecting innocent people from insults and indignities of f this character to some extent participated in their use the averments aver ments or statements of the district attorney being sustained and receiving ce iving moral support from the judge ft it was not admitted admit bei tei to be an excuse in those times for a witness to claim that he possessed a defective memory he was denounced as a perjurer unless he could supply the facts desired by the government officer if the hose of this system of logic should be turned upon judge zane the question might be asked whether he he was not in his testimony given wore before the examiner in this investigation guilty of perjury himself if f so go then according to the logic so often employed during his judicial administration is not this a strong proof that the elms class to which he be IOUP ds are given to bearing false witness or at least to declining to tell the truth and the whole truth when tander oath so to do of course we do not believe in the perjury theory but attribute judge zanes nervous rette reticence ence and the e paucity of the information given during the time he testified before the h examiner to lack of knowledge and a really non retentive memory the spectacle he presented on monday bf was the antithesis of that which he exhibited when he undertook according to his ostensible ex to defend the fund jn in vedin in the suit of the govern t against the church from being seized with a galloping consumption brought nought on by attacks of alleged professional attorneys and a relous Pae ious receiver it looks as if judge zanes mental powers had suddenly become im dedred from some cause or other it ls difficult to account for the sudden chalke in the character of the of his intellect upon any ther oher hypothesis it is to be hoped that the experience ugh which he is passing will cause him to reflect upon his course during the last few years he has acquitted himself in many respects honorably and creditably but in our view he has inflicted wrongs upon innocent people that are beyond the pale of excuse it will be difficult for him to wipe but portions of his record one of the most conspicuous of his operations to which we refer was the sending of a large number of men to prison for terms far in excess of that which the law authorized or justified the estoppel placed upon his doings in that regard by the supreme court of the united states being an incontrovertible proof of what is now stated if his present humiliating position will cause him not only to reflect upon some of his extrajudicial extra J judicial uricial acts in the past but to feel deeply penitent for having acted with such injustice towards his fellow fedow crea tures the lesson he is now being taught may be beneficial to him repentance is the method by which improper conduct can be atoned for that being a process of rectification and if any disposition of that kind should ever be evinced by judge zane the men women wo and innocent children upon whom he has heaped inexpressible sorrow and suffering by his excesses in the exercise of authority are of that nature that will cause them to extend to him the forgiveness which he so much needs even they do not rejoice over his present misfortunes although satisfied that through a course of remarkable circumstances cum stances he has brought himself into such a position that it will be no easy matter for him to retain or ever again possess any great degree of public esteem those who formerly professed to be his friends are am now denouncing him for as a rule they belong to that class who respect nothing except it be success s u access and this quondam judge has certainly succeeded in nothing of late except it be in making himself con 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