The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-11
AN AWFUL CRASH!
The Abrupt End Of
the Examination.
NEAT LITTLE CIRCUS.
The Position Taken by Re-
ceiver Dyer.
NEAT LITTLE CIRCUS.
NOT MUCH BROTRERLY LOVE.
The Petitioners Throw UP tho
SpOnge-The Field After the
Battle-Their VieHs.

The examination recently ordered by
the Supreme Court in reference to GER
tain charges made against Receiver
Dyer and his attorneys. commenced
yesterday morning before Judge Hark-
ness. On the side of the petitioners,
Baskln and Zane & Zane appeared; on
behalf of the respondents were Powers
and Mcbride.
The opening was delayed somewhat
on account of the setting of the civil
calendar by Judge Sanford, so that it
was nearly II o'clock when hostiIities
commenced.
THE EXAMINER was in doubt as to
just what position he held; whether he
had right to hear and decide ques
tons, or whether he merely summoned
witnesses, heard their testimony, and
reported the whole of it to the court.
JUDGE ZANE thought the examiner
had no judicial functions
JUDGE POWERS, on behalf of the res
pondents, did not view it in this light.
He thought if the attorneys on either
side endeaVored to drag in extraneous
matters, the examiner should have
power to cast them out. For in
stance, it seemed to him that the
tariff and the fisheries question would
hardly be the proper subjects OF inVes
tigstion at the present time. There was
but one issue before the examiner.
Mr.. BAsKIN thought not. They were
in such a position that no exceptions
could be taken. The position of the
examiner was not q judicial one.
POWERs-Do you mean to say that if
you were to introduce the Doctrine and
Covenants and the Mormon Bible levi
IDENTIFY abiding to the speech made in
the Opera House just before the late
election for Delegate to Congress, dur
ing which Baskin quoted from both of
these works. that We would have no
right to except to such proceeding?
BAsKIN-We are not going to do any
such foolish thing. No lawyer with
Our object is merely to get the proper
testimony before the court.
PoWERs-The position we take is this:
The examiner has no right to admit
any testimony that is outside of the
charges in this case. The order states
clearly and distinctly that the matter
was referred to the examiner to take
and report such evidence as may be
produced touching the matters the pc
tition sets out.
A STIPULATION WANTED.
JUDGE MCBRIDE endeavored to pour
oil upon the troubled waters by sug-
costing that some sort of stipulation
should be made among the attorneys
as to what was irrelevant and what not.
The EXAMINER-The way look at it
now is this: Certain changes have been
made. The court has said, go before
someone and take testimony thereon
and present it to the court. [ shall
certainly shut out all extraneous mat
! ter. | can't assume that counsel ara
coming here TO offer testimony that Is
irrelevant.
And the matter dropped for the
nonce.
Mr.. MCGURRIN was agreed upon as
official reporter and then the question
as to whether or not the services of
bailiff were necessary.
Both sides agreed that such an official,
like Toodles' coffin, would be handy to
have in the house.
MCBRIDE suggested that several dep
uty marshsls were within call, and
their services could be secured. There
might, however, he sarcastically OBJ
served, be some objection from the
other side to this.
BAsKIN-We prefer to have our own
bailiff.
THE EXAMINER Who appears for the
petitioners?
ZANE-Zane 81 Zane and Baskin.
TIE EXAMINER-AndW who for the re-
spondeDts?
PowERs-Judge Mcbride and myself.
ANOTHER SPECIAL ATTORNEY.
i FRANK HOFFMAN (Tho had up to this
time been en- interested but silent spec
tator)-I would like TO appear as
special (smiles) attorney for Mr.. Pick
ard (more smiles), VINO is now absent
from the Territory. | understand
there is probability of the sheep con-
tract (several loud gufaws) being called
| into question, and would like TO enter
formal objection to any evidence be-
| ing taken on this in his absence. Mr..
Pickard will be here just as soon as
| possible.
The EXAMINER thought there was no
fear of any disastrous consequences to
Mr.. Pickard' 3 interests, and Baskin sug.
gested to Hoffman that they would be
very pleased to use Pickard as wit
ness
THE ExAMINER-Well, we are ready.
ZANE-Let Mr.. Dyer be sworn.
MR.. DYER is SWORN.
Receiver Dyer came forward.
IANE-You were examined, M. Dyer,
before Judge Sprague touching your
compensation as receiver, and you
nave also presented a report in which
you claimed $4,000 for yourself, So.
GOO for each of your attorneys, and
| 81 ,63 as clerk hire opd othar ofioo