The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-16
A Lively Day Before Elk
aminer Sprague.
He RECEIVER WANTS S25,OO
Business Men Testify that per
Cent. is The Proper Amount
For Him.

listening to the iangle between the at
torneys representing Receiver Dyer
and those appearing in the interest of
the chu CHI. The matter before the
examiner was as to what compensation
should be allowed the receiver and his
attorneys. 1t will be remembered that
on the evening" previous, neither
Young, Sheeks or Rawlius, of the church
counsel, were present, but as. the time in
which the examiner was required to
make his report to the supreme Court
was rapidly drawing near, he decided
to take the evidence of Receiver DYER
and his attorney 2. L.. Williams, the
understanding being that tbs attorneys
on the other side could cross-examine,
if they felt so disposed, yesterday. Ac-
cordlngly an adjournment was taken
until 8 80 m. At that hour yester-
day, proceedings were delayed by wait
for Mr.. Dyer, and when that gentleman
arrived, Mr.. Rawllns threw a bomb
shell into the enemys camp in the
shaps of motion to strike out all of the
testimony given by the receiver the
evening previous, stating as his reason
for so doing that no notice had been
given him or his associates that Mr.. Dyer
vas to be placed upon the stand. They
had, he commended, been deprived Of the
right to cross examine. The examiner
said that he had understood that
| Wednesday evening had been mutually
agreed upon. Mr.. Rawlins did not &C
auiesce, neither did Mr.. Young or Mr..
| Sheeks. Mr.. Villa ms insisted, as did
also Mr.. Peters, that the view taken by
the examiner was the correct one. There
was considerable of jangle. when al
adjournment was taken until o'clock
the understanding being that the
| Church attorneys would thus have time
to look over the testimony of the re-
ceiYer and make such objections as
they chose.
On reassembling in the afternoon
time for Mr.. Young. That gentleman
finally appeared, and then
LONG PRIVATE CONSULTATION
between counsel followed. Mr.. Rawlins
then renewed his motion to strike out
and in support of this had Mr.. Sheeks
sworn. The latter stated that he had
received no notice that the receiver was
| to testify. The motion wa1 not passed
upon by the ex iminer, who stated that
he, considered it hisiduty simply to hear
| both sides and present the allegations
and objection to the court, which would
have the power he did not possess
! There was another little tilt, at the
cl sc of which it was decided that the
next proper thing to do would be to heal
E. P. FERRY,
and that gentleman was sworn. Ae
testified: l live in Park city and am
engaged IN mining; at one time 1 YVES
engaged in the lun bering and also the
| banking business; have general kuoWl
edge of the work done by Mr.. DYER as
receiver in the case of the United States
| against the late corporation of the
Church of Jesus Christ OF Latter-day
Saints; my knowledge Of such work has
been gained from the newspapers and
also from perusal of the testimony Of
the receiver as given on Wednesday
evening.
Q.-Have you such an acquaintance
with the kind of property he describes
as would enable you to form a gooC
idea as to what would be reasonable
compensation for his services?
Mr.. RAwLINs = object to that.
The EXAMINER-I do not think l
ought to pass upon the retention OIL
rejection of any of the testimony of.
fered; but that l should report it in
full to the proper court.
Mr.. FERRY base nay judgment or
my experience as an executor of sew
eral estates. in which both real anC
personal property was involved,
think the compensation received
should be upon the basis Of the amocn
of property he recovered from thu
church, and the magnitude of the bono
be was compelled to give. l should
think 5 per cent. upon the total amount
of property handled by him would bt
fair compen alton.
Mr.. RAwLINs-Supposs that the re-
ceiver was also United States Marshal
that his duties as receiver did not pre-
as marshal; would you say that the
compensation would be the same2
Mr.. FERRY If one man can do two
mems work, 1 see no reason why be
should Tot receive two mems salaries.
P.L. WILLIAMS
WAS tuou pun upOu tuO StouO anu CLOs6
examined as to the services rendered
He had been employed, he said, little
over a year; had begun ten origina
snits to recover property from thu
church. His evidence was corrobora
tive of that given by Receiver Dyer the
evening previous.
Then followed another jangle; Peters
Williams and the examiner were
anxious that an evening session should
be held, while Rawlins, Young anC
Sheeks entered protest. 1t was, how.
ever, finally decided to hold an evening
session aad an adjournment was taker
until : 80.
THE EVENING SESSION.
When the evening session opened
there was another wait, Mr.. Rawlin
announcing that before he proceeded
any further with other witnesses, a.
desired to cross-examine Receiver Dyer
That gentleman was not present, bu
soon put in an appearance. In answer
to quest ion put by Mr.. Rawlins, b,
had, he said, fixed in his mind tn,
amount To what ho fhonohf ho moo on.