The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-23
And the Three Judges Take
1t Under Amusement.
JUDGE ZANE'S AMENDMENT.
He Desires to go Into Detail, but
Opposing Counsel Make Sc
ri0us Objections.

when they filed down the aisle and
took their places upon the bench
There was large attendance of attor-
neys, several from Ogden and Provo
being represented.
There was the usual preliminaries
when Judge Sandford announced that
opinions would be delivered.
In the case of the People vs.. William
GiIIis; appeal disallowed.
The People VS.. W. L. Robinson; ap-
peal from court below, which refused
to grant him new trial; judgment OF
lower court reversed.
THE DYER CASE.
was the next to be considered.
ZANE asked to be allowed to amend
the order of the court, and wanted to
know whether he might introduce evil
dence under this showing that $25, ZOO
was excessive, exorbitant and uncon-
scionable. He thought the opinion as
read by Judge Boremau allowed him
that privilege.
Powers offered an order he had pre-
pared constructed upon the opinion as
read by Judge Henderson.
ZANE-If we are permitted, we will
offer evidence to prove that the charges
are unconscionable. We would like to
be permitted to prove that he failed to
do many things that he should have
done. end did do many things that he
should not have done.
JUDGE BoREMAN-Didn't Mr.. Williams
say three DAYS would be sufficient
ZANE-We do not think we can get in
our testimony in that time. One of our
witnesses is in Arizona and another in
Idaho.
JUDGE SANDFoRD-That is matter
for the further consideration of the
court.
PoWERs-I desire to state to the court
that my Brother Zane comes back to
the original proposition to contest the
amount of compensation to be allowed
the receiver.
POWERS then handed up the following
order:
THE ORDER
At a session of said court, held at the city
of Salt Lake, on Monday, the Dist day of
January, 1889; present, the Honorable
Ell OF Sandford, chief justice, and Honor
aoles Henry P Henderson and Jacob S.
BorcmaE, associate justices.
In the above-entitled action a motion to
amend the journal entry of this court haY
ing been made aud argued by the attorneys
for the receiver in said cause as well as a
motion by the attorneys OF certain school
trustees in matter pending before this
court. and heretofore referred to Robert
Hardness to take testimony concerning
certain charges against Frank Il. Dyer. re-
ceiver, and George s. Peters and Farley L.
Williams, his attorneys, the said petitioners
last aforesaid moving this court to punish
the said Dyer. receiver as aforesaid, as for
contempt for his refusal to answer certain
questions put in the course OF the examina-
ton before the said examiner, and both of
sud matters having been fully argued by
co unset and the court having taken the
sa ne under advisement, and being fully
advised thereon, it is ordered that the mo-
ton to amend the journal entry be and
the same is hereby allowed, ana that the
said Robert Hardness, the examiner here.
totore appointed. proceed and take testi-
mony as may be produced by either party
to this proceeding respecting any and all
allegations of fraud. corruption, miscon-
duct, or fraudulent claims and charges for
compensation and unprOfessional conduct
on the part of Frank II. Dyer as receiver in
this case and George S. Peters and Farley
L. Williams as his attorneys, contained in
said petition of said school trustees here
tofore filed in this court
That the said Robert Hardness be and he
is hereby clothed with all the powars and
authority as an examiner OF this court for
the purposes of such examination; that he
be and he hereby is authorized and en-
DO Yered to hear ana determine all ques-
tons that N syarise touching the admissible
ity of testimony with reference to said
charges to the same extent as If the matter
was being tried, subject. however, to the
right of either party to appeal to this court
b. way of exception to his rul-
to be authorized to take subrenaS
from this court for witnesses to appear be-
fore said examiner; that said examiner be,
and he is hereby authorized and en-
powered to employ officers, either federal
or Territorial, to attend him under his di-
rection, and to fix their compensation; to
employ stenographers, and to swear wit
nesses. And it Is further ordered that sa i'd
examination on the part of the petitioners,
shall begiu on Thursday, the "a b day OF jan
uary, A. D 1882 at 10 o'clock a M, in sup
port of said charges, and that said petition
ers have four days in which to produce
their testimony in support of said charges
as herein set forth; that said respondents
shall commence with their testimony to
said charges on Wednesday, the 3oth
and that said respondents have four days ia
which to produce their testimony in reply
to the said charges: that said examiner de-
vote Thursday and Friday, January 3lst and
February 1st 1889, to the taking of Iebuttal
testimony, the time to be divided between
the parties as the said examiner shall direct;
that the said examiner make report to this
court of his actions and doings, and OF the
testimony so taken, and all the proceedings
had before him, on the 9th day of February,
A D. 1889, and that the hearing upon said
report and the amount of said compensa-
lion to be allowed to the said receiver and
to the said attorneys be set for the 1lth day
Of February next, at 10 O'Clock q. m.
And 1t is further ordered that the said
examiner may change the allotment OF
time of the taking of said testimony as
hereinbefore set forth. as he may deem JUST,
provided nothing shall be done which shalt
interfere with the filing of the said report
on February 9th next.
1t is further ordered that the motion to
punish the said receiver for contempt be
denied, and that he may go before the said
examiner and answer the questions hereto
fore ruled by the said examiner to be
proper, and which the said receiver refused
to answer.
AN AMENDMENT.
ZANE then offered his amendment,
which, if adopted by the court, will
allow him to go into detailed exam
nation. Powers said it would make
ONurt nnurt for tho