The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-26
The Closing Scenes of the
Dyer-Zane Examination.
rHE EXCEPTIONS ARGUED
Have Cles' ed Away, and My
Clients are Unstained'

Sandford that the court would heal
any motion or argument that might be
made touching the report of Examiner
Hardness on the zane-Dyer contro-
yersy, Mr.. Critchlow stepped forward
He said: "The report of Judge Hark-
ness has been filed in this court, ano
at ached thereto were certain findings
asked for. We desire, this morning, to
argue briefly the exceptions we have
filed" He then stated the facts in re-
ference to the appointment of the re-
ceiver and the proceedings down to and
concluding with the report of Examiner
Hardness as fled in the court.
HE SLABS THE TRIBUNE.
1.-The facts surrounding this case are
weary pecullar. Mr.. Hardness is q
man who has no interest whatever in
the matter. He has performed his
work honestly and consclentiously. No
one who knows the honorable, upright
character of the man could presume
that he would do otherwise, and all
who undertake to cast reflection upon
his work must only stultify them
selves. We do not differ with him so
much upon the finding of facts as upon
his conclusions of law. We had re-
quested that he find that the court
was misleed; he has found that prob
ably one member of the court WAS mis-
lead, that it was unin 5entional. In
reference to the petition for comprom-
Use, he has said that the facts we're
stated little stronger than they should
have been. In that case, think he
found for Us.
WAS THE COMPROMISE A FAIR ONE?
JUDGE JUDD-Do the facts, SIS you
understand them, lead you to believe
that the real estate compromise was a
fair and just one?
CRITCHL0W-Under all the circum-
STAGES, as they existed at the time, |
think my colleague agrees with me that
it was.
He then continued his argument by
reference to the leasing of the sheep,
and thought Pickard had obtained con-
trol OF them without sufficient notice
aging been given the public, in order
that others might have a chance to
come in and bid. To not have done
this was to make make diminulion
of the fund. Wa do not claim that
Pickard was not responsible, but we do
say that the sheep could probably have
been leased in smaller lots for larger
sum per head than was received for
them. We next point to the failure on
the part of the receiver to take into
his possession certain personal property
inventoried at S268,000 that had been
Transferred 10 the various
church associations throughout the
Territory, and tbs compromise made
of the same for SIS 600. 1t was his
duty to have taken some steps to re-
cover this property or the proceeds of
it. But nothing was done. Here, there
was neutrality-suspicious. facie at least.
We believe that
MORE PoRPERTY COULD HAVE BEEN OBJ
TANNED.
The turning over OF the Pipe Springs
cattle and the Star Valley herd were
acts on the part of the de.
PENDANTS. The claim for $268, 600 was a
valid claim. The parties to whom The
property had been transferred were
responsible for it. Here, there
was negligence SHOWN. Considerable of
stress had been laid upon the fact that
q great deal OF perishable material was
included in these inventories. Adj
u ting the claim that there was $50 900
worth of this, the sum to be recovered
as largely in excess of that which was
o )tainei.
Then there were various pieces of
reals estate scattered throughout the
country, held in trust for church pur
poses thet might have been recovered
had proper legal steps ben taktn.
It was negligence for them not to call
the attention OF the government to the
fact, tina this property was not in
eyistenco, and thus debar the govern
ment from pursuing and recovering it.
Then there is the allegation of the
FRAUDULENT AND UNcoNsoIoNABLE CLAIMS
for salary as receiver. While there
may be no evidence of fraud in the
claim for compensation, in a broader
ssnse We say fraud did exist. A claim
for compensation was insisted upon,
which should not have existed.
JUDGE JUDD-Do you have any refer
ence to the amount?
CRITCHLoW We'll, not exactly, the
question whether it was So or $25 900
makes no difference. Tbs manner in
which it was made is the same. l know
that this touches closely upon the for
hidden field of compens alton. but we
insist that there is evidence Of bad
faith there.
JUDGE JUDD-So far as the matter of
compensation goes. you may save
yourself any trouble. The court al
ready has that under consideration, and
the evidence or statement of any one
party will have little to do with it. The
court will go beyond that.
CRITCHLOW-The statements made 10
the witnesses who testified a. to the
amount were not fair ones. Had the
facts been presented to them, their tes-
timony would have been different. 1
may say. in conclusion. ii your honors
please, that We have spared no time to
get at the facts and have embodied
Them in our exceptions We feel that
the examiner has given the matter .
fair hearing and reported as he
view it. We differ with him.
Judge Powers
fellowej. In this important matter
speaking for myself and my clients, we
are thankful that at last we have day
in court. Charges and inuendoes have
been echoed and rs-echoed through this
room, and at last we have a chance to
present the facts. Partisan clam.or has
no place here. The whole proceeding
has been of a most extraordinary ma