The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-11

itP AND there Is claim, aISOj OF 9lU,-
coo for the attorneys.
DYER-In that way.
ZANE-These claims and others
amount, in all, to some $52 800, 1 be-
lieveP
DYER-Well, yes, as you figure it up.
We made no claims, but thought the
services were worth the amounts named.
ZANE-Your Office expenses, clerk
hire, etc., amounted to $7,865.63, be-
lieve.
DYER--Yes: that included the fees Of
couple of attorneys, taxes, etc. These
accounts have not been claimed; they
have been disbursed by order of the
court.
ZANE-But they have not been passed
upon by the court?
DYER-No.
ZAEE-What do you consider your
occupation?
DYER am marshal and receiver.
ZANE-Don't you give part Of your
time and attention to other matters
Don't You attend to horses consider
ably, and go to races?
DYER was away about ten days
once, l believe.
ZANE-What do you receive from
these other employments outside that
of the receiver?
This was objected to by Powers as
irrelevant It had no more to do with
the question than would the query: Do
YOU know that the moon is composed
of green cheese? A Judge upon the
bench receives salary of So 900 yesr,
and the Legislature votes him 81 900
more, which he accepts. [ have never
though the lew was constitutional,
however. " pose the witness should
have an il .o1est in mine, what has
that got to do with the case?
ZANE-I wish to state our position.
The claim is made by the receiver for $685.
900, 500 0O0 for his attorneys and 81 800
for other expenses. The amount is
claimed upon the character of the man,
the time and attention given to the
work, etc. In his previous testimony
he claimed that he had devoted almost
all his time to the receiver business.
Now, what we want to show is, that he
devoted time and attention to other
matters. One man can't do everything;
one man can't do two things at the
same time; and we want to show that
he has not given the time to it that he
has alleged; that he has given consider
able attention to outside matters. We
want to show what labor was given for
this claim. If it is one-third of the
time, we want it known. We want to
show just what this man did. He makes
a claim on business integrity; he
should not be paid for something he
did not do and does not have. You
can'5 sell mule for the same price ASIA
blooded horse; and we want to show
Just what he should have.
MCBRIDE-I think the question is
immaterial and irrelevant. We deny
that we have made any claim for any
specific amount. All services per-
formed were estimated, and now
counsel propose to prove-what? That
the receiver was engaged in some other
business at the same time. You might
Just as we'll apply the question to an
attorney, and say that because he had
one case by which he obtained big
fee, he should not take another one a.
the same time. Such matters were
outside the case entirely, and If 1 were
Mr.. Dyer, should decline to answer.
You might just as well ask him how
much money he has in his pocket. He
is not on trial for his personal in
tegrity. As counsel says, they are
going in to prove whether he is
blooded horse or mule. The question
as to the compensation of the receiver
and his attorneys was not referred here.
The question was merely on the
charges made. They are here simply
to show, if they can, that there has
been some misconduct in the case.
They are seeking the same advantages
as though they had been allo we'd 10 ap-
pear as interven Ors in favor of certain
persons interested. such as they sought
to be.
PowERs-Nothing can be examined
here in reference to the salaries and
amounts. The attorneys on the other
side are not here representing any
parties; they are prosecutors on their
own motion.
BAsKIN-At this rate the record will
show mainly speeches by counsel.
Powers We have had the opening
and the close, the criticism would seem
to apply to Brother Baskin.
BAsKIN-We have charged that the
amounts claimed were
OUTRAGEOUS AND UNCOMFORTABLE.
They have denied this. We have q
right to show that the statement is not
true. We have right to show what
duties he has performed other than
those OF receiver. The value of his ser
vices was predicated upon the fact that
he had devoted nearly the whole of
his time TO this business. If he has,
we have a right to deduct from the
amount claimed whatever he has re-
ceived as marshal.
THE EXAMINER allowed the question,
remarking that he did not desire to ex-
clude anything.
PowERs-Now I instruct the witness
to refuse to answer.
ZANE-Don't you believe that the ex~
aminer has q right to compel an an
sWerP
PoWERs-No.
THE EXAMINER 4 do not think can
force an answer.
ZANE (hotly) If the witness is to be
a law unto himself -
Powers with blood in his eye)-Well,
I'll make the lew.
ZANE-The witness will please answer
the question.
DYER-By instructions from my at
torney, L refuse to answer.
ZANE-Didn't you state that you were
making $4,000 q year outside Of the
marshal's office?
pourpc Won ueedp'E ansvar that