Show mr CHILDS STATEMENT tho findings of the coart in the child case are JUNCTION having bareto fore been inucci misrepresented and traducer traduced trad by the interested partite after the fullest investigation of iny books and transactions with tho MW mill firms of rico and co and their successors barber aico A co and their successors M ber ck before justice middleton in a suit on a note executed by ja rice and F M which was resisted by alice on the pic that I had been justly paid in lumber for all the indebtedness of rico co to me for the mill and then again before chief justice tho prescient ent term of the district court in the suit to fore cleao alio mortgage given to me by lewis williamson and in which tho chief justice by his special findings lias eaid that I bad accounted for all the lumber shipped to me by said firm and that no fraud or error had been shown in the final statement made by M C barber on alie part of a rico A co and M C barber co and which left still a largo indebtedness due mo from rice co of which firm lewis son and james rice with three other were members I had fondly cherished the ifopo that all misrepresentation insinuation and innuendoes would cease but contrary to such ifopo seo in your last mornings issue cution from N tanner jr in which lio attempts to show uati was seeking by said suit to obtain what was not due mearhl thereby endeavors to change an entire defeat into a table victory the are these as proven by several witness wit nese who tea before chief justice rice co purchased of me a saw mill at 2000 for which iho several individual partners signed two notes of 1000 each due respectively may ast 1st and november lit 1877 they ordered an engine through me from theallas the Atlas work indianapolis indiana which cost and gave their two notes equal amount duo at three and six months from 30 1870 which I guaranteed the freight on tho en gine was which I finally advanced to pay the note to cullen for borrowed money to pay freight freie ht they also made a note for my commissions tho coat af tho mill at james rices solicitation lewis agreed to mortgage hia own property to mo to his own of one fifth each in thin and we went to mr tanner to have euch a mortgage executed lie then being tny attorney and left with him tho paper and memoranda from which to draw the mortgage instead ot making a mortgage however in accordance tho contract and the instruction lie got up a fictitious arrangement got lewis williamson to me for ono thousand eix hundred and twenty dollars at four and a half month time and took the mort gago to secure it he then got me to sign a paper acknowledging text taid note was given to me from responsibility ort the two atla i notes for SOO I can only account for then agreeing to this because of the I then had in my gitig attorney tanner fur it waa certainly unjust to mo and to all of mr art nerg and tah fictitious had my igind or I not lieve surrendered tho first aklu nite when I with Ba iLera I lial nattier alice ai C kotce remain unpaid to thia daiy diy A L ja vhf however I ilij foreclose the mortgage of cobrae I had to do so on the fictitious note and the securing it alie defendant Willi aimon iu hh answered up this fictitious slate of and then and espre to hia answer that rico co hal paid both the atlak notes and that nothing was duo me on this note and mortgage for li 20 u joined and before trial I saw a copy of alie writing before mentioned acknowledging that thie 1020 ditoto was executed for my liability on tho two atlas noted and leaving settled one of the said notesia arid credit of 50 on the barber the enly contest I tile district court before chief justice shadier was as to whether alie second atlas note had been and the following special finding by clinef ju ditico forever put a quietus on that quer tion ad alie fact I recovered a foreclosure on said fictitious hole and mortgage tor 1165 25 confirms alie special finding titia noto gritl mortgage were not only a fiction but a grave error waa perpetrated bytho by tho draftsman Instead of describing tho west halves of lot na ant G in block 11 abt A ogden city survey lie left out entirely th wet ais inget of nil the lots and inserted th west half nud northwest quarter of lot no I which mortgaged alio banio ground twice in the samo mortgage and thia never discovered until put the note and into in other journeys tourneys tour hands tor collection all these half lota lad been previously to J E co lor which debt I purchased after ny sud mortgage and before alio discovery of the error williamson through thinners Ti inners agency mortgaged the lots toj M so bogli dt cheso mortgages biad prior on alie west half of lot six I douht to rectify said mortgage so tu cover the west but they alii it ans intended only to embral hc lot six thus WA entitled to have thu ct half of the west half lot si i old to pay and L iong on the oilier portions oi lots it amed to a a cmittur ot any consequence to me us loth had prior cicil on raid vast lall of lot ti alie adjudged mid lait nind inor tasi bo ienir ailed on to stid of the west liala of lot C and a it will probably not sell for nito than enough to pay said in ortgies it is alic simo tiling toino to ino as my niort goe as I ind dc barud it be i W G CHILD in thon ird strict court utah T adi ren plaintiff vs lewis and arri pis eiith gean regularly to hearing on alio compliant and of the defendant a herein fand the cobit having heinl the evidence for both bartic par tic the following special finding ast 1st the original firm of Shirt lit itice co was formed as ly as 1876 and consoled cons bled of the following in emboM to wit F M C V Shirt liu C C Willi atmon lewis and jame rica thu the object of baid firm wat alie and aa of lumber and eliat tirui pur chapil of alio ablai works indianapolis di Ind imn through the agency of W U u steam engine for which the raid firm by their their two notes dated november abr eight ri indred dollan eccli payable respectively at oliree and month with interest nt ten per cent per annum and i becs payable at J E bank in odeil utah and that december executed a noto for throe hundred dol lar to P cullen duo april ast 1st 1877 with interest at two per cent per from mitu maturity rity with at torness fees for collection that this nolo was given to the money to pay alio freight on emd engine and that when it wag due the plain titi child advanced the money to pay it and took a transfer of tho note that december said parties executed their note to said child for one hundred and sixty doll urr pitiable in sixty anya with interest at ten per cent per annum from maturity until paid and that alii was for child commis tion on engine that december 12 alio stid cartiea executed their two notes to said fop ono thousand dol lar each duo severally may aft and november alst 1877 eliat the notes were for a saw mill bold by chiki to Shirt lilt rico A co and werd conditioned that aid canid retained the titio and of the mill until the note were paid and alie note firt dav waa to boar interest utter maturity at two per cent per until paid and ob ligora to kiy coit of collecting it alio second of said note was to bir interest at dpn per cent per annum and obligors to pay coat of collecting it if not paid at maturity and child retained ownership of the mill until it was paid ad that january esth 1877 tho defond int lelii Willu inson executed to raid canid lie noto sued on for hundred and dollar duo at four and a half at hn in ogden U T with interest ut twenty per cent per annum arom ditto until poid boid both before and jitter judgment blut alli note ami tho gigo to secure it dale given to libin as collateral lo 10 indemnify faud agi ins ma in alio two abobo notes of sot cah to alo atlak borki said li avin guaranteed notee by eig nini hia on lie back of facci and taftt on efrid isali 1877 mud Willi Anison executed aliu dmd oi aft note on the act half of lot and in block 11 pint A city of ogden and woe to alao ulao alo acet of lot d in edrid block but which inis thief of the of alie inert gagina bolt out and cheru of quarter of said lot no inserted nud i all in alid wil llamosa lla moua li prays fot a of taid anor a ere all in the city of Ogdon wo bunty eu nty etab territory that in raid mortgage f aid lefond ant arrend to pay ten per cent for attorn oye in cgue ot default etc ard 3rd that march octh 1877 in thAt nill to aico covenanting with aid to pay hie ono fifth of nil the of aid firm that about may 1877 CV sold his one fifth interest in raid mill annj of alic firm to SI i C barber and that said undertook to pay in of the habali atiee of aid firm and to hibit from responsibility on d at alie same time eaid B the in terent of defendant lewis wil ILiin eon in said firm and covenanted covenant eU to eaid williamson to any hin ties on account of said that said barber then took the place of said C V Wil hamson and the style of was changed to barber bricq co that barber became alie and financial inniger mn niger of said firm and that previous to this alie same stylo of firm of shurtliff atice co had bc en con linued oth that C C Williaim orf ilia interest in aclid firm to M C barber who was to pay his on account of the said previous firm some time in september after barber purchased cices interest ath that september ath 1877 jame nice sold hi remaining one fifth interest in said firm of barber rice co to M irber and took hia written to any ais liabilities bili ties on account of said firm and then the style of alie firm to M C beiber and alio outgoing out going of some of alic partners and alie in comin of others no arrangement was enado with plaintiff child by which lie agreed to re leaie any of the original parties to the aforesaid mentioned noted and to accept alie incoming partners instead thereof nor wag anny arrangement made by alie incoming partners with his other partners pirt ners by which alie notes or evidences of indebtedness by the previous to bo changed and alic obligation fl of the new tinn to be substituted nor was any lucli obligations of alic new firm ever tendered to iid child or new written obligation i tendered him in lieu or place mentioned note ath thit child lurnis hod to alie said firm of barber rico co pile adt and merchandise diso and paid au fio amount of thirteen and sixty dollar previous pre to it di september ath 1878 with tike agreement on their part thit he be reimbursed out of the lumber by thorn and to be sent to him for adio at ogden yih eliat barber rice A co sent to ogden to lie disposed of by their agent slid child previous etith ono and efty two two li undred and sixty feet ami eliat on august isali 1877 said M C barber took of tho lumber yard of said firm inid alien received bick from iid cirild forty hundred and eleven feet of aid and that said then continued to hell the lumber manufactured nt the mill arbit 01 proceeds 80 lir alio mini could axi to said cirild and thit irom isali isili until september 1877 kuber ilice co dissolved eaid alico llico co furnished mid canid three thousand tarco li undred feet of lumber that of said lumber to furnished s dd child it biad been furnished to the fourth st ilo walk company of aden under a special yi lu per this being according to ali of barbar Bi ilice co child wa by mid fourth st bide wilk company and WAS subsequently settled the agreement of said company said for a rice co and dmd cirild at and this amount was passed by to the credit of rico S cit and chef of the lumber so sont by rice A or received hn aeeti fully accounted for and nettled by child will urea co awl passed to their credit logli that alio fh nr of rice co never furnished any lumber to bind child to go on the baid obligation alae named and did not discharge tho for supplies furnished by child to them but all the lumber fm nihed and payments made were by barber Bir ber rico A co and M C barber A co that on nov ath kliore ans partial settlement between baid child and MC her rice A co awl a of large oatlie credits due B uber rice co alid canid leaving paid antl alu farat due and oi alie said ataw kotc liitt due i entered aa a credit ther coit ae of act charge on the firt fir t note etui to barber rico A co fit thit this partial baat alio accounts between child binl arber Br ber and previous oua to jan ad fir and on behalf of C amber k co uld the mill tho lumber nii on hand n to eccles tho mill at 1800 and he lumber t was turned avor to the baid and on mid wi child and eaid biber represent ig the of nir rico A co and il it co a lull accounting and then settled and stated account in full by which said child account barber rico co and hid account of 1420 eginit M C harbor A co fully paid und and aid child then a balance him handed over tp and had canceled povl nota for 1000 lit november let 1877 by Shirt liti ditico A C and entered u colit of livo hundred and 59 collur dol lur of U on taci not of said alico co duo may 1877 Andt hutin lle erkid partial settlement ol 01 november 1877 and this nt of january 1878 the child a alire and und M k ber A co fully and the of the credit given by tuu of the no xo or hi bind of lw awn established t ber alico A Co 14 alice or M C bruyr etli that the plain till child did not pay the second ataw only iho before rece ivol of fifty dollars dolL irs until when ha rid to aid atlak alie ani ot bight and forty dobur which together with on and fifty tour dollars eleven iut crost at twenty percent iran und maty bollara acee thereon and eleven collura and 25 awta legal oos now ariK Hint to one thousand sixty ua clr now bear entert at rates of ton per c hl per annum and dollar attorneys attorn eye fee bi a decd to bo interest int orest at ten pur per annum until and said amount myndred and sixty five ia belill due and un paid on said note of 1020 mortgage euca on the of said lewi to J K dooly sc cof dated april 14 duo the day of october 1870 for two him di cal dollars biti two per cent in per and to be pomar d each month and to go as principal fronir date ha not been paid and the interest only paid to 29 taftt eaid note with year interra in terca compounded a provided rd in anid note amount to two hundred and fally three an altor neya fee thereon ae provided ra setd should be twenty five dollar making two hundred and leventy ciglio bollara do llara etli tn per cali t interest per annum until paid and w inch note and mortgage wa to ilcin child ie 1877 said noto was secured tin sanio day it beads date by mortgage on the west let no and in block 11 pint oden city urvey anu are the ali before thet the noto in alio rom plaint SA cn sons and smiths several answer to J M to said smith for with o at boin dac now amounts to and 15 fee as provided which should be ed to said to lifar lif ar interest at the rule of V pr cant per ainu iiii until paid and wai by mortgage on the west h and and is prior to syd s cortage mor tAge on tt fiill ot ci id lot C but junior us to halve of lot and u and on all iho lots to alio of paid J E co aigid d to matter of lw it in found that a ret halt offid lot ie to both the said E dooly i co eaid kingsdorf Lings dorf and not to child said that alie should iw ni and u tid ria st hav the lot as auy by necessary to di charac ci and Lui dorr lilii cost co st ac be sold to kiy chem biving lie dooly co morango mort ngo priority irio rity and that of suc pait of aid lot be to pay said that any bo enado up to said out of of tle portions of offid iid lot and eliat also of M C barbor as a partner of tin of itice A co and it book keeper and cial manager biad alie leal for and on behalf af baid farn after ite to stefo the account of baid firm with aliu i atit to ene with luu to the tion of the creditt duc from lum und hied alo alio same firlit ai to alio ainu ul 31 irber A co although it had not alien said tU nent witti did I wore made and linit he luil tio lt gil richt to the bouk account of lie for tt firms of imbt bic co and M co out of their respective ata aind credith dub them from said |