The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-03

being occasionad by awaiting the ar
rival of Judge II nderson. There were
not more than half dozen attorneys
inside the bar. and the greater portion
of these were interested in cases which
they expected would be called.
IN THE CHURCH SUITS.
TIE case of FRANK II. Dyer, receiver
vs.. the late Incorporation of the Church |
of Jesus Christ of Lalter-day Saints.
wherein the plaintiff had asked for
assistal ce to recover certain property,
and which had been referred to E. L.
Sprague as examiner, was Called.
There was some discussion as to the
best manner to proceed in the case, as
it wcull consume nearly the whole OF
day to read the testimony taken Oetor
the examiner. Ar Judge Henderson's
SUGGESTION, each OF tue judges was 1ur-
nlsned with copy of the evidence, the
understanding being that they would
thus be able 10 faniliarlZe themselVe-
with it. and be ready for prompt action
on ell points involved in the dispute
| when the court met again. Furtner
nearing was then postponed until
Saturday next.
SENT UP FOR CONTEMPT.
Morrs NJ. Sheets, it will be re-
mem bered. was summoned 10
appear before the examiner in
the above cases, and did so. He de-
cIlned, however. to answer any questions
put TO him cuncernlus woo employed
him, wnat properly was under MS
charge and to whom 1t belonged. The
case was referred to the Supreme Court
at its last session. and an order made re-
curing sheets TO answer. lie was
again taken before the examiner. but
again declined, and the action OF tue
Supreme Court was AWAITED. Dir.
Peters called the attention OF the three
judges to that fact, informing them that
Sheets was present in court, and as IN
that he either be- required to answer, OF
be dealt with according to law.
In response to the command of the
Chief Justice, Sheets steppe forward
aud was sworn. Sleeping on the
matter" for a couple of weeks,
or so, had, however, no eject 2pon
him. To each OF the queries there was
the same response-"1 decline TO
answer"
JUDGE ZANE-You have declined tie
answer these questions before the eX-
amlner, and sIili decline to answer them
here?
, NE. SuEETs-Yes, sir.
There was a short consultation he
tween these three judges, when Judge
Zane aunouUcsd that the Court was OF
the opinion that the witness must be
s commit d for contempt until be purZes
e, lNafV ryo1 I n ~ n n
] Rounded, or Is freed by further order OF
r the Court. Mr.. Sheets went out to the
Q Pen. in the afternoon.
Just before the adjournment of court,
Mr.. Shaeks presented the following pc
g iition tor " it of ha6sdS corpus, which
= was denied and the cost bond on appeal
:, TO the supreme Court Of the United
u States fixed at $500.
: To the Honorable Supr5ne Court Of tht
IsrritoY;
. The petition OF Moroni L. Sheets re-
\ specially shows:
That he is unlawfully imprisoned, de-
. taired, confined and restrained of his
- liberty by Frank Ii. Dyer, at the tai
4 Penitentiary, at the County OF Sal
9 Lake. in the Territory of Utah.
- That the said imprisonment, deten
tiNn. comm tlnSub Gnn lO-IidldL OIL
= lille 81 and that the illegality thereo
u CONSISTS in this, to wit: That the saiG
:. SunTeme Court OF The Territory of Utah
d ia a case pending therein, wherein To,
II Emitted States of America is plalntll
d and the late corporation of the Church
le of Jesus Christ of Latterday Saints AM
others defendants, did on the seconC
dsy of April, 1888, make an order re
u oniring YOUR petltioner to answer as
u witness certain questions then and Their
~ prop 1uuded to MIN, upon Inc applca
, lion of the receiver in said cause for
writ of assistance, VIII ca order your pc
IS titiouer refused to obey; whereupon sal
70 coyrt a1iudged your petit 1ner guilty O
Nv cont ampt OF court for retuslngto ansWe
said questions aid made an order ina
\. vour petitioner stand committed as 10
~ contempt of said court until he shoui
- answer said qnestions-and your pesi
- toner shows that he is informed, 40
10 wise and believes; that the said orde
e Of said court was and is without author
~ itv nj law in this. that the act of Con
n oress pretending to give the said coul
% inrisdiclion. to near and determine tn
's ma tiers involved aod being litigated l
III, said action, is unconstitutional an
r. void. and that the said court has D
W authority in law to compel your pet
on toner to give testimony in said caus
es Copies of the complaint, demurr'
nd and answer, of the order appoin
d. ing a receiver in said caus
bic and of the interrogstories prs
re- pounded to your petitioner, and
ts. the petition for writ Of assistance an
zee the answer thereto, and also OF tt
Am warrant OF commitment, by virtue
which YOUR petitioner is now impTl
:, prisoned are hereto attached. narK'
n, ne exh bits l, 2, 3, 4, 5, and 7, and ma;
.gy Wherefore, your petitioner pra.
nv. .5 that writ of habeas corpus may
leo granted to the said Frank IL. Dye
me Commanding him to have your pet
% toner before this honorable court, at
ne time and place therein specified: to
I'D, and receive what shall then and the
est he considered by this honorable cot
seI' concerning him, together with the tir
no, and cause of his detention and Sc
nv, ne writ, that he may be restored to iiberl
ana NJ NJ. SHEETS