The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-16


says that he received only six pounds
of wool per head. Well that's pretty
good.
PowERs-You think 1t is?
ZANE-Yes.
POWERS Well, you don't know much
more about it, then. than do.
The Court ruled that the affidavits
need not be read. as they were not per-
tinent.
Powers slowed them away and Zane
reached for them.
PowERs-The Court has decided they
are not pertinent.
ZAEE-Well, I would like to see them
as curiosity.
PowERs-Well. we are not Offering
anything as a curiosity.
Continuing. Powers said he thought
the records of the court showed that
no contempt had been committed, and
that no evidence had been offered tend
ing to prove any Of the charges made.
The examiner closed the examination
because the other side refused to con-
tinue.
JUDGE FOREMAN But that does not
close the examination entirely.
PoWERs-No; your honors have that
in your own hands. You may desire
to lake some testimony yourselves
But it ends the connection of these
gentlemen with it. In conclusion be
said that he might liken this case to
one Of the freaks of nature that we see
sometimes in this country. A cloud
comes up in the distance, people get
under their um brellas with the idea that
it is going to rain. Presently the cloud
bursts, and then it is discovered that
it contains nothing but wind and sand.
That is all there is to this case.
JUDGE ZANE.
With respect to the first question
that of contempt, We have no further
arguments TO offer; we leave that to the
court; but the witness ought to be CON-
PEELED to answer the question that he
refuses to answer, and all other proper
questions relative to his compensation
as receiver. He then traced the case
of the United States VS.. the Church OF
Je US Christ of Latter-day Saints from
its ;"~opti)n, and demurred to the
molIC~ } amend the order of the
court limiting the investigation of the
charges to fraud, corruption, dishon-
esty, and unprofessioual conduct
He thought the Marshal and
Receiver had the same weak
ness as all other humans-that
of magnifyirg his own worth, and
placing a high value upon his own SER
vices. He says his deputies made &C
tive search throughout the Territory
for this property. If the deputies
made the search, he had no right to
charge for their serv1ces-because they
were paid by the government. The
Wells corner, the Old Constitution
buildings and the Cannon tract were
compromised for $85, 000-when it was
worth $250,000 We have witnesses to
prove this.
PowERs-Why don't you produce
them?
ZANE-Well produce them if you will
give US a chance.
JUDGE SANDFoRD-Why didn't you
produce them before the Examiner?
ZANE-Beoause we desired to proceed
in the regular order. It is true the
court made the order for the COM
promise, but there was no evidence
offered upon the value of the property,
and for myself 1 did not even know
where the Old Constitution Building
was. The order was made solely upon
the representations of the receiver and
his counsel.
Mr.. MARSHALL TO THE FRONT.
Thomas Marshall, who had been an
interested spectator up to this mo-
meut, came forward and asked per-
mission to address the court on this
matter. His firm, he said, had had
charge of this part of the
case. The evidence that there
had been any fraudulent transfer
at least SO far as the Constitution
Building was concerned was of the
fiimsiest character, and from the in
vestigation he and his partner made.
he became convinced that they were
merely on a fishing excursion. Had
tie case been brought to trial it is very
probable that the receiver would have
been beaten. When a compromise
was offered it was accepted, and in view
of The then existing state of affairs, he
concluded that it was a wise move on
the part of the receiver. He then read
to the court the report of the proceed
ings when the order for compromise
was made, Judge Zane then being on
the bench.
JUDGE ZANE,
continuing, said his view of the matter
was this, that the receiver puts in q
claim for certain amount on account
of his business ability, and the excel
lent work performed. He must prove
this. If he did not discharge his duties
fai .hfuIly, he is not entitled to as much
as though he had done SO. As to the
sheep, we expect to show that over
3 500 of these sheep were at once turned
over by Mr.. Pickard for 35c. per head
that he never took charge of them at
all. We are also prepared to show that
the government has lost great deal Of
property by negligence, to say nothing
of the compromise and the sheep case.
We contest the amount and say that If
he is entitled to anything it is not over
S., 900. He sets up that he exercised
great business ability. We dispute
that. They now say that because
we did not proceed further before the
examiner we cannot do so now. He
then read the questions which the re-
ceiver had refused to answer before
Examiner Hardness. The receiver was
asking compensation for his time, his
energy, his ability and his standing as
a man. We sought to show how much
time he gave to the receivership, how
much to the marshalship, and how
much to his private interests. This
much was due, in order that we might