The New York herald., 1870-07-31

said plaintiff from said defendant as said trustee
the sum ot $4,000 ~ OF any other sum, as charged
In said complaint, and of this he puts himself upon
lis country. brigham Young being duly sworn
deposed and said that the facts set forth in the
foregoing answer were true to the best OF his
knowledge and belief Mr.. George Rodiord, who
was one Of Goddess bookkeepers in 1866, was
called, and he testified that an account had been
opened between Godbe and what was known
as the Deseret Irrigation and Navigation
Company; that on the 18th May OF
that year he. according to instructions,
went to Brigham Young's Office with an abstract
OF that account for settlement; that IN Young's
Office he was directed to the proper clerk in
another building. who checked of the statement of
account with him from the books Of the Irrigation
and Navigation Company, the result of which was
that an agreed balance Of $4,000 was found to be
owing Godbc., Young's counsel here objected to
any testimony concerning the Irrigation and
Navigation Company, because thu suit was brought
against Brigham Young as trnssce of the church
and not against the company as it should have
been. Judge Hogue, on behalf of Brigham
Young. crosscxamined Mr.. Rodford very closely
with a view of getting him to say whether the
clerk with whom he checked and balanced the
account was acting as agent of Brigham Young
IA trustee in trust, or agent OF the Irrigating
and Navigation Company, and whether the blame
was agreed to distinctly on behalf of the trustee
in trust or Of the company. Mr.. Rod
ford answered that tho question did
not arise between them; that being
sent him as the proper clerk he did not think it
necessary to catechize him as to his precise and
distinct authority; that he had never known any
differences between Brigham Young and schemes
like the one in qncston-neyer knew the COM
pany from the Church or the Church frori tine
company, for it was always understood they were
one and the same; and, in fact. the whole thing
seemed to be ''mixcd up generally" Goddess
counsel proposed to read the original letter of
Brigham Young, dated January 7. 1865, soliciting
the loan on beh,lf o. "thc trustee in trust" thus
showing that Young was responsible ia that ca
pacty; but I'righam's counsel strongly objected,
on he ground that. as this was SUIT for settle
mcnt of ian account stated" the law would not
allow the Introduction of evidence anterior to the
date OF that statement of account, which was Feb
ruary 10, 1866. While this point was being argued
Mr.. Marshall withdrew his proposition, because
the other letters from Brigham Young to Godbc,
which would he presented, would clearly show
Young's responsibility. Objection was also made
to the presentation of these other letters, and to
all the letters on which the plaintiff proposed to
rest his case, because they referred to that rriga
tion and Navigation Company. while the suit was
brought against TIL trustee in trust. The letters
show that the objection was nothing but quib-
BILE and the whole line of the defence trick. and
the Court. after glaucing at them. admitted them.
One or two were omitted, not being considered
relevant to the case. Mr.. Marshall then read the
correspondence to the jury This correspondence,
which is as follows, includes all the case:-
GoDBE TO YOUNG.
SALT LAKE CRY, Feb. IL, 1870.
B. YOUNG. ESQ.,, Trustee in Trnst =
DEAR SR-ln the sp ing Of 1865 was presented
with letter signed by yourself and addressed to
Mr.. William Jennings, Messrs. Kimball and Law
renee. myself and others, soliciting loan on be-
half OF the trustee in trnst. to be used by the De-
seret Irrigation and Canal Company, which was
to be refunded IA soon as the trustee in trust
in funds. In response to this request advanced
the sum of $1,000 q in goods at wholesale and
retail. In Nav, 1868, at my solicitation, you gave
me your negotiable note of hand for 5000 at six
months on account of this loan. am now ex-
tremeIy desrous that this matter shou'd be settled
without delay, AZ. owing to the great pressure
brought to bear upon me in business in conse-
quence of my present religions views, experience
considerable financial embarra -sment. do not
mention this an apology for asking for that
which is simply my due. but as the reason why
am nece-sitatcd to do so. | saw Mr.. Ellerbeck
on this matter yesterday, and he referred me
To Mr.. Jonasson for settlement; but, as
the loan was made yOur written request,
with the expires statement that it would paid "as
soon rs the ustees in trust are in funds.'' do
not see why should call upon q Mr. JOnasson tor
payment. You wi obhge by favoring me with q
copy of the letter referred t. (rom your letter
press book) as omitted 70 take copy when the
letter was presented, not expecting then that the
1av,.~
Awaiting your reply, remain. very respectfully,
w. S. GODBE.
Young TO GopBE.
SALT LAKE CITY. Feb. IL, 1870.
W. s. GopBE. ESQ., Salt Lake City,
DEAR SIR-YOurs of even date has been re-
cevcd, calling nv attention to matter which
supposed hal long since been settled. l will
cause my clerk to investigate tie subject. which
he will d. without delay. Should it prove hat the
trustee il trust is owing you the amount you in
dicnte Iregret to say that It is not in my power
at present to liqulate it, but will take the ear-
est opportunity to do so. Thanking you for past
BRIGHAM YOUNG.
OODBE CO. TO YOUNG.
SALT LAKE CRY, Feb. IA, 1870.
President B. YOUNG. Trustee in Trust
DEAR Sia--We are duly in receipt of your es-
teemed favor of the 18th inst, which has careful
consideration. The original amoont Of account
De eret irrigation and Canal Company, $40 O2O 81
as named ny our Mr.. Godbe in his respects to v n
on The llth inst, *, w. believe, an agree bal
ance. If, however, there should be any error, we
shall be more than willing rectiiy il, and to this
end desire t0 know at your early convr nencc if
there is anv Discrepancy between vour books and
our-, that they may he made t. agree. With re-
gard to ttlrment "a ter yon have ,tisted YOUR.
self at the account remains partly imp id) we
regret TO learn that IL is IT present out OF yonr
power to liquiate it; but altl ugh much in need
Of funds we shall cndeavor to meet your wishes
Thanking you also for your past kindnesses, we
remain, very respectfully, yours,
GODBE & CO.
YOUNG TO GODEE.
SALT LAKE Cry, Feb. l6. 1870.
w. s. GoDBE, ESQ.,
DEAR SIK--You,s OF the 14th inst. has been re.
eeivcd. Since my last TO y Il my clerk has eX-
amined The books OF the Deserct Irritation and
Navg ,tpn Company, and reports balance in
Your favo of $j,0lD u. ihc,e is therefore, dis
crcpancy of $40 between yoir b 'oks aud onrs--a