, 1876-02-26
HuRD VS.. BROWN.
Third Day Of tho Ecclesiastical
Trial.
Some Stup1d Testimony Concer ming nel
Estate Matters.

Some Stupid Testimony Coucer ming Rea
Estate Matters.
Tho Comn,itteo engaged In trying th!s great
ecclesiastical case met At tho appointed houE In
tho church parlors. All were present with tao
exception Of Mr. Wakeman. Iii. pannnsks,
who had boep called but did not spponr tho
previous evening, was on hand.
Tho ptnlntif1 and defendant hoon appeared, Mr..
I}tovn accompanied by Judge Miller, who will
assist him in conducting hts caeo hut will not
10 allowed 10 speak.
DR.. Knox opsnod tue proceedings with prayer,
invoking tho ilYino ass!Htsnce for tho intcreat-
otl parties In conducting tho case. Tho clork
then road tho ufnntos Of tho previous session.
which were slightly corrected aud approved.
Judge Miller explained, by permission, that hc
Was present to ait by Mr. Browns side aud whis-
por words Of counsel in bis car, which Waa por-
mittod BY the presiding officer.
Mr. Brown BuRrcated tho advtstb'Ilty OF So
curing shorthand reporter. 70 correctly report
the Testimony but It Vas decided 10 continue
With tle present ctort, and have tbs Testimony
spoken 10 slomly that oven he could take 1t.
Nm. nCRp THEN CONTINUED
bis testimony whore he stopped tho previous
evening. ~ follows:
At Tho time Of the sata By mo Of y interest IN tho
Carney purchase, arrived nt what my interest Vas
f.
iDe We nrss asce7sined tls total coat 81 tho prop
erty, which $t3 coo, then tho amount which had
bee e1psnded on ths property tn opening tho st5es
then present yalun Of tho property. From that Taluo
~ then eatimated nrat took tho total q tho cost
No then divided the profits into lhrse assres one Of
which was set aside ~ ths portion which should be-
= o e psa ans PUT
tesest. aud tho other Two parts brown and Ben'ons
interests. 4 detuctton vaa Easie from my interest
IFH&{ ftn
$8003 and offered 10 pay mo that a.nonnt IN the man
ner have testified. md lay to tho University the
out of The sale of the property. We closed tho ar.
rnnsemcns on that basis. Tho property which took
amounted y about u aefe md at lao Frtes took It
estin,ae for e1renaes. md What he total rslno
Of tho property esst.tcd to BE- hut se.t rceo
% otlee purpose pos - namely: iof H. pufoso of m.1tae
haies. aud va estimated On t!ias baata. thnk the
property which teok W. Little sbose tho average
haso been Worth a}out sissoe sy bast rseo!.sc,io
naursl 1t, was sbout 10000. ] know ot my own
knowledge Of Mr. Browns having sold PORTIONS Of
s rai Il oher psara to wEom supposo It ss
beon sold No accounting for the profits Of this rur
ca+e has hecn made to mo or 70 tue unIvcrsty to
my knowledge for many ytarB preceding = year ng1
last summer. up to which time WAS Of tho Trns-
tees Of the na,;eE,'ty nd :. .sye1sl ,asa Inquire.
to what hsd become Of thoss profits.
T'lfa closed tho testimony under thin head.
CRoRs-ExAM1NATIoN.
Mr. Brown croBs-oxamitlod as follows:
Q-Are thero nny other parties interested In
the purchase bcsidos Drown, Hnrd, aud Donson ?
A.-No.
Q.-Wlat waa tho amount Of tho first pay
mont AL tLluk .2n.
Q:-Ilon much was pai1 on the contEaet up to
the sflne you sold 7 Al cannot aaY. hare bn
impression tint another payment had becn
made, or Nah about due but cannot aay hon
much it waa. -
Q.-Who mado tho payments on tho contract
up 10 tho time and before tho day you sold?
A.--rho PARTICULAR paymtnts mado upon this
lAnl haya boon made by \. J. Drown.
Q.-What wns tho amount for expenses aud
! improvements paid on thu property up to the
time you sole? ALL is impossible for mo to
| toll they had not beea paid by oIkhor Slr.
Brown or myself personally but by afr. Benson
out Of moneys belonging 10 Brown. Benson. and
/ myself, tho pfocee<ls Of the saio Of otbcr prop
| orty. Mr. Brown showed me q statement Of tho
amount which ho represented ho hnd received
| from Bonson, to the best OF my recollection.
Q.-Do you stale now ID the boat Of your rec
election, depending on your memory, Or do you
have books or papers to aid you7 A.-Aa to
Q.-Aa 70 what you b.re stated 60 for In your
! tstimony7 Ally statements are all from rec
election excopt such - are drawn from the
agreement and decd givon In cvideucO and OK
copt ~ to tho sato Of parts OF this property by
10 him, and to eorso Of thoso sales my recol-
toetion has been ref1eahed BY rofe1once 10 deols
Q,-Whns blocks Of lots did yon take Tor your
interest 10 this purchaser A-Dtoch GO whore
east, and Lots 10 mud 20 and part OF IS, In block
IS. which Is outside Of tic village plat and Euna
down Into tho prairie.
Q.-What Ia the valun Of that property to-tay ?
AL object to this question Us innateria1.
| cannot seo what relevancy tho present value Of
| that properky Ina to this investigation.
Or. Wentworth aakcd what porpose b1r. Brown
had tn naking this question.
Mr. Brown sud ho did not know, but 1t might
bo developed Ihtor In the caso.
| Mir, Uurd made few remarks sustaining hta
objection, and Mr. Brown Withdrew his aues-
ton.
Q.-To WHOM did you cenye, Of surrondor .he
took this oonte,anco2 Ally recollection Ia
| not clear wlnther executed dond to Mr..
Brown or to kfn and othor persona; tho records
will probably ehow that bettor than / can re-
member 1t. .
Q.-Wcro There any other considerations or
property sold Of takon u the umo you CONTRACT
I'd to aell your Interest In this original purchase
A.-Nono that l remember OF beside thnso I
have stated. Thn.c were Other business arrange
monts 1nsdo at thlt time. but not in connection
with this Mnttot,
Q.--We1a thoro any ether parties lntoressoi 10
that contract At tia titno you sold out your ia-
teraet7 A.-Not shas know Of. I4a1e faint
recollection that somashing vaH said about one
or moro Of tho rorrostH. hut what cannot
atAta.
Odd you tala any writing q. paper from
brown or any pe:son, containing = promise
sty IL It II tho Atti tinD % yoa .eia o out % yeas
interest A.-No. did not think 1t esson.
tial, ~ tho propart, had bcon bought In Ar.
Brown's name, and tho contxacs with the Uni
versity had boen rnate by him IN his own name.
Mr.. IroSp offered thse NJ rcason Why tAs de-
| tlnctiops ebnnld DO mda in favor of tho upiyer-