Show ECCLES SIDE OF SUIT HEARD Idaho Sugar Mill Deal Related In Damage Action Testimony Introduced by the de- de defendants de tenda tits In tho the damage suit of oC John lo M Shelley of or Shelley helley Id ho against al J M I and L It R l In n the federal court In Ogden Olden today was as In direct contra contradiction to teo- teo entered by the thc plaintiffs plaintiff during the hearing L K R Eccles celes one of or the defend defend- defendants ants onta wag sas called to the stand aland and ani told o of or an Interview In th the ofU office e eor of or the Amalgamated led sego Sugar com c om pany In this city on June li is 1916 with Thomas W Sheller son ot Of o the tho plaintiff Mr air Eccles sal said 1 he heI hemet hemet h met Mr Shelley by hy appointment to tolIs ti I lIs lr S the sugar plod production In Shelley Mr r Sheller according to the wIt wIt- wit ners nt o said Mid the at Shelley Shelle were ere growing a 0 considerable beet h acreage for or tho the Utah Idaho company that the beets growl groan were acre of oC very try good rood quality and anel that he had had some conversation wIth the tho formers re the tho build building In ot of a s factor factory factory- Shelley told Mr Ec- Ec Eccles ECcles cles that th the h e acreage wool would d he hevery n o overy very materially Increased It a fac- fac factory tory waa aa as erected In the district Shetley Sh ll y said he had seen sen the Utah Utah- Idaho company about a s factory but bu did Id not get any satisfactory ar- ar arrangements ar sr PM PLAN NEW CO Mr r Eccles sal said l he told Shelley y that 6 acres of ot beets would bo be bi necessary m tor for the tho building of ot a tac 1 fac facton tot tOI and Shelley asked It If the re roo required acreage was secured would woul the Amalgamated Sugar company b be Interested Mr r Eccles said he hi replied In the tho negative but In- In informed in formed Shelley that some friends friend and ond associates were considering the th proposal to form torm a company to t build factories In Idaho His brother Joseph was one ono ot or the th number he mentioned and might be b Interested The witness said ld he be advised ads ad iced Shelley to continuo continue getting beet be acreage and said he would send som someone one to look 1001 0 over oser er the tho territory as M suggested by Shelley The witness wit wit- ness ncsa said he told Shelley C he ho could not mako make any recommendations reo re- regarding the buying of ot the tho contracts contract so l they were not worth more mor than the actual expenses Incurred PICKING OUT SITE bI Mr Eccles said he met Shelley at his store etore In Shelley on July 19 1916 and Introduced his broth broth- brother brother er r Joseph to him as a person ac- ac ac sc active tl the tive e In the formation ot of o the tha pro pro- proposed pro proposed posed company The witness his brother Joseph and Mr Shelley took look a 0 trip over oter the territory and when they arrived ed at a 0 place called Hubble Point Shelley asked the wIt witness ness his opinion of the tho site as a location for or a 0 factory Mr Eccles said ald he replied that It was too pro pre premature mature to decide because It de- de depended depended de depended upon su such uch h matters as ag Wa- Wa Water wa water ter supply railroad facilities sew sew- sewerage sewerage eral e and ana other things this point tho the witness said Mr Shelley conducted them to a place west of or the tho town where the tho plaintiff had a farm Mr Shelley that his father tather was pot gro grow Ing beets because the land rr ns not suitable but when hen his father tather returned from California he ho Would see ee him about contracting for tor acreage PAY T QUESTION Mr fr said he Informed Mr Shelley that he was waa not satisfied with some of or the tha acreage he had seen lICen and ad advised him to continuo getting acreage because there would l be some elimination Shel Shel- Shelby Shelley ley by told Mr Eccles that It would be ot of o material help to him It If he could coul 1 tell the farmers that the con con- contracts contracts con contracts tracts were sold and a n mill was to be built said the witness At this point the witness said My My brother Joe a asked Shelley what he expected ted to get got out ot of othis this and he replied replica he wanted some promotion sto stock k and expenses Joe replied The only way you can get stock Is jq to buy It but you ou will get your e expenses The rhe witness said Mid Shelle Shelley contin contin- continued continued continued to make mahe his claims for or pro pro- promotion pro promotion motion stock and tho the witness saId l he would make some arrangements for Shelley to get worth ot of sto stock k on a note Mr Dales said n gald we I then went Into Shelleys Shelley's store and an assignment wai drawn up and delivered ered to brother my Jo- Jo Joseph J Jo Joseph o seph The witness was under examina examina- examination examination tion when the court adjourned at noon The plaintiff seeks seeka damages for tor or alleged breach ot contract L C Other witnesses examined thIs morn morning In l were cre T h I who said that In 1916 he was waa a 0 civil engineer with lIh the Amalgamated Sugar company at T Twin In Falls He went to Shelley Shelly that year In the tho Interests of ot the Eccles Sugar Suar company com com- compa company pa pany ny and In a conversation with forta foria the plaintiff regarding the site fort fori tora a sugar factory was directed to the thc farm halt half a 0 mile mils north or I Shelley helley George Richards of Logan said he was waa field super supervisor Isor for tor the tho Amalgamated Sugar company and was as In Shelley In 1916 He that ho he met tho the plaintiff or had hadan hadan an any conversations con with him or any other persons J M Ec Ec- Ec Eccles Ec-cl Ec cles cIs s between July 20 and August 20 regarding the site elte tor for a Il fac- fac factory factory fac factory tory and that he did not between those dates drive over the territory In company with the plaintiff and Mr Cedes Eccles DO |