Show THE DYER examination it was generally believed that the matter of investigating the charges against receiver dyer and his attorneys was wae settled until the ath so ao far as the courts were concerned ceri aLed except that there was a possibility sivility lity that mr critchelow fritch elow m might im be succeeded by appointment of the court on feb 1 there was an effort to say the least to have a change in the pro gramme for a few moments be ore pe court opened judge zane and judge marshall were noticed in quiet conversation when court COlI convened venedI judge marshall arose and sai said d that owing to cerin WU opinions he had expressed aweas time back relative to th the e charges against the receiver the trw trustees tees objected object eI to his appearing as th they ey did not think he would give t them hem satisfaction counsel for the tru trustees had offered him the e evidence I 1 but he had asked that me the matter latter be deferred judge Max marshall shall then asked to be released from the appointment made by the court judge zane we have tendered all ail the evidence and information we bave except the address of some witnesses which we will furnish judge sandford well place it K IM in the hands of the clerk of the court judge zane the trustees feel that ader the circumstances they are oae what responsible and also feel that at they ought to be permitted to suggest agest the names of c counsel to the he court urt in this matter the meu marshal I 1 ha as special counsel paid for the pua pur pose of guarding his interests and T ln order to have an impartial hinves nation gation the other side ought to be presented judge sandford shar sharply ly we you had retiro retired from the case you have retired and left your behind you fur thelmore dermore the trustees have been ad ju ged in contempt for their pro eo ings dings do you think they have y T right to be heard in this matter ow low you have been on the bench atly judge zane I 1 have endeavored to vo be fair and impartial judge sandfort Sand fori your suggestion liea too late you are out of the efte daae s judge zane the investigation should uldie be fair to all parties judge sandford severe severely lyv that tha t jestion Sg estion is premature if not nothing h ing I 1 bore nore rore it may mean something h ing more turning to judge ma marshall 48 to the suggestions of judge mar aj aaa we will consider them will you submit them in writing judge dge marshall yes sir air judge judd do you feel mr fair canall ja untra nall Z tha tha f you cannot give w and energetic service in this tetter nutter judge marshall I 1 feel that the toed would not be satisfied lud me ge judd we are am not dealing with to im the trustees now we have had ato do with them for a time the begoon now is can you give ener atiq gc and I 1 impartial mp artial service you twe now with the court alone not with the trustees or anyone else judge marshall I 1 would do my best conscientiously but I 1 still would desire to be released under the circumstances judge zane I 1 would like judge sandford paying no attention to judge zane judge marshall can you act in this matter on behalf of the court judge zane if your honors please judge sandford still ignoring judge zanes effort to attract the attention of the court jud judge e marshall can you give the attention mention that the court deems deema necessary to this investigation judge zane if the court please judge sandford you can do that tha mr marshall judge zane in justice to myself I 1 will say I 1 advised the trustees not to suggest my name judge henderson without heeding judge zanel zane judge marshall you see the difficulty of finding among the bar some one who has not been connected in ina a remote way with the ewe case judge zane the receiver has his counsel employed in his own behalf and prejudiced for him the trustees should be treated fairly and judge judd in this whole matter the court and its officers have been subjected to serious charges the trustees abandoned the prosecution of those charges and the responsibility is ls now with the courts court which should not and cannot and will not aban abandon doll the investigation judge zane I 1 would suggest to the court judge judd we have endeavored in our appointing of the counsel not to suffer buffer any to come in who are partisan to anybody this whole matter has put the court into this position these trustees have made charges and sought sou ht to abandon the investigation for for the dignity of the court w we e have hav e decided that the invests investigation aaion must go on and have selected mr marshall and mr critchelow who are honest apri upright fright ht careful and responsible gentlemen gent emen to act as counsel of the court ana and we will not allow the trustees to abandon the case and in that view we have selected these gentlemen and so far as anything that has been said or ought to nave have been been said that has weight with anybody in this community immunity mm unity we feel that the gentlemen appointed to this position will act in an hotko rable and upright manner in this ewe ease too much feeling has been allowed to creep into the matter on the tee part of these trustees and the time has now come for r the dignity of this court and of the he people people of this territory that this whole thing of charges charge and sand in shall not be abandoned and we have appointed these gentlemen with that view they will act as the officers of the courts court as honest and intelligent men that this ibis matter may now be 6 treated without feeling we dont feel that the dignity of the court will allow us to recede from the position that we have taken at least and I 1 for one shall not consent to it boreman I 1 for ray ay part think that the two parties marshall and critchelow Crite helow should be retired judge sandford we do not feel to release judge marshall judge Max marshall shall may I 1 hand in mau my 0 objections b e ta ions in writing judge dg ader sandford andvord oh yes and we wi will U co consider it by tomorrow morning n adge judge judd and judge zane will hand his testimony to the clerk of the court in the afternoon mr critchelow Crite helow came into court and said he would hand up a written statement of the reasons why he desired not to appear in these proceedings judge judd we believe that you both possess the ability and the manhood to carry out this examination and we are very loth to let you go but if you will both hand up p your written statements we will will consider them tonight and decide what shall be done thus ended another scene in the proceedings of this remarkable case in the evening judge marshall and mr critchelow Crite helow filed with the judges of the supreme court their reasons for desiring to be released from the duty of investigating the charges against receiver Bec eiver dyer and his solicitors ors judge marshall declined to give his statement for publication but mr critchelow Crite helow made no objection the document filed by him is as follows to the hon supreme court of the ta territory altah of uta A when on january slat in open court I 1 was appointed one of the attorneys to 10 conduct an examination in behalf of the court before examiner harkness I 1 at once expressed to the court my unwillingness to assume the duties imposed upon me judge zane as counsel for the school trustees suggested certain matters which might render it impossible for me to be appointed na at the same time expressly stated that he had bad no objections fabj sections to me I 1 did not feel called upon to urge the court to release m me e therefore and not feeling at liberty to decline to act left the matter with the court I 1 now understand that as counsel for the school trustees judge zane objects to my acting I 1 again there fore ask the iame court A to a appoint point someone else if in the oon opinion of the court the facts hereinafter stated seem sufficient inasmuch as judge marshall my colleague has been permitted to file with the court a statement of his position in the matter I 1 ask the same privilege and herewith state the positions which I 1 have at various times taken in regard to the matter I 1 was approached by a school trustee on and d iwed asked to join in a petition in intervention on the ground that the gentiles ought to do something in this matter I 1 refused and gave as s my reason that I 1 consider it a I 1 gentile matter that as 08 a matter of law I 1 consider that the school trustees had bad any ia right ht to intervene and lastly that I 1 knew absolutely nothing of the truth of the rumors or charges against the receiver and his attar an and that the 0 matters to be set u up in the petition if untrue were ll 11 belous lous an and might get the trustees into trouble I 1 also abo expressed the opinion that the design of the proceeding e baffin was political at various t times ires f I 1 have declared my belief that the compensation asked by the receiver and his attorney peters was excessive I 1 have also stated many times my belief in the good faith of all parties in the matter of the compromise proceedings and have stated gated as frequently that I 1 know nothing whatever as to the transactions of the receiver with regard a rd to sheep and cattle but have always 1 y 8 said add that it if certain matters related to me by personal friends of their own knowledge were true the receiver was grossly culpable in the matter As to my employment immell b by the receiver it occurred immediately alter after his appointment in october 1887 and he stated at the time that it was for mr peters united states attorney my work was embodied in report which I 1 presume is in the possession of the united states attorney and my bill 26 was paid november 30 1 1887 mg 7 since which time I 1 have not had any business with the receivers office the facts and opinions above set forth I 1 have never attempted to conceal and in conversations with the trustees and their friends I 1 have been outspoken especially since the matter of the contempt arose and for the reason that as a personal friend of at least three of them I 1 was solicitous that they should not be placed in a wrong position yours respectfully IS B at about 11 a m feb 2 the court took a brief recess front from the hearing of the arguments in the sulphur suit and called up the investigation vesti gation matter judge judd said in reference to a matter that has been pending before the court I 1 will say that we have considered with all the care of which we are capable the matter of the appointment of attorneys to represent the court in the investigation of the charges against ainest the receiver and will now dispose se of af these matters once for all we are satisfied that there is nothing in the statements made by the attorneys which in any way disqualifies them from acting and we authorize them to proceed as directed judge harkness has handed to the court a stiLt statement ement in which he says that the names of some 50 witnesses have been handed to mm him by the petitioners petition ers some of these witnesses reside in this city others in remote parts of the territory and others out of the territory he also states that he has no money to pay isy them and is therefore unable to proceed since this investigation is in the interests of the fund fond we have concluded that we have W the right to use a portion of the fund to conduct this investigation the clerk will therefore enter an order directing the receiver to place at the disposal of mr harkness Har kaess kRess the sum of judge boreman I 1 want it distinctly understood that in saying these gentlemen should be retired I 1 did so solely upon the statements made by them in court not because they lack ability or for any personal reasons I 1 have not seen the statements filed with the court by them Poll Foll lowing is the application made by judge harkness u upon pon which the was appropriated from the funds inthe in the hands of the receiver in the supreme court of the terri ri tory fory of utah to the said baid court the undersigned undersigner under signed who by an order of this courts court dated january 1889 was appointed to take and report to the court the evidence in in respect to the matters named in said order and by a further order dated the of january was directed to proceed in the manner and at the times therein specified respectfully represents that subpoenas for fifty witnesses on the part of the petitioners petition ers have been delivered to me by the clerk of the court some of these witnesses reside in parts of the territory far distant from salt lake county and the residence of a few is given in other territories the delay in definitely appointing attorneys to represent the petitioners petition ers has prevented me from consulting with them as to the means or manner of service of said subpoenas and the time fixed for the opening sf of the hearing is close at hand I 1 would also suggest for the consideration of the court the question whether attendance of witnesses can be enforced without a prepayment or tender of witness fees and also call attention to the fact that so far as I 1 know no means are provided fa for payment of officers or persons employed emp oyed to serve the subpoenas V very e respectfully ROBERT HARKNESS examiner or commissioner the third effort to get an examination into the charges made by certain school trustees against receiver dyer and his attorneys williams and peters succeeded on peb feb 4 in securing a good start the cha change e I 1 in the rooms formerly used as judges chambers in the wasatch building u rendered it necessary for the investigation to be conducted in another part of the building A room in the third story was provided but it was much too small for the purpose so that when the proceedings were commenced the place was uncomfortably crowded alace there here were a few chairs but not half as many as were necessary so quite a number had to stand about the room judge harkness was promptly on hand as were also the attorneys for the respective parties judge marshall and mr critchelow appearing for the court as prosecutors and judge powers for receiver dyer and attorneys peters and williams judge marshall suggested that the trustees had asked to be represented by counsel examiner harkness Hark nesa stated that he could not appoint additional attorneys 41 for the court judge powers said he had no objection to others appearing for the trustees prank frank B stevens and C 0 whittemore appeared for the trustees by consent the following witnesses were called J L rawlins ben sheeks juige judge zane S B westerfield TA wickersham J T lynch and F M bishop all others were excused till next day at 10 am judge marshall opened the case by introducing as evidence the complaint in the case of receiver dyer vs H S eldredge et al this was the barisof baste of them the suit for what w at is known as the old constitution building grounds and property adjacent thereto which had been sold april 22 1878 to mr eldredge eldred el for and has since been so sold d to other parties judge powers offered as cross examination the answer to the complaint judge marshall objected objection sustained exception taken by judge powers the findings of the decree and judgment of the court in this suit was also offered as cross examina tion same objection and same ruling mr critchelow Crite helow offered as another admission of receiver dyer the complaint in the suit against zions savings bank trust company for a portion of what is generally known as the wells corner comer north of Z C M I 1 judge powers offered the answer in the case and the judgment of the court objected to objection sustained the complaint in the suit of the receiver against I 1 ng A M cannon for what was designated aln as the I 1 church stables property was introduced the answer etc was excluded under a similar ruling to those nade made in the other cases the |