Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-03

EALel anu utNlAtu. Tic y oulA " ALI
10 examine Mr.. Dyer finst.
Adjourned until 10 a. m. Wednes'
day.
The Dyer examination was IT,
sumed this morning. and +. ;.
Richards was placed on the stand.
He testified: I don't think Col.
| BrUadhead advised the turning
over Of the Church farm. uut his
confidence in the Ultimate result
was 50 great that he did not think
there was much Tiskin delivering the
property; DO not understand that
tine final decree determines the r.
suit Of the escheat suit; | under
stood that the property turned over
under the statement 81 facts was 81 be
deemed all that the Church hal,
aud might OF might not lie g.
cheated, according 10 the merits Of
each ease:
A discussion cnsuel as 10 the
prOprie'y Of taking testimony on
the legal issues involved in the sub
sidiary suits. between counsel ami
the court. The latter decided o.
proceed FAR enough In that dirrc-
ton 10 ASCERTAIN whether or not tie
receiver was responsible for the
COMPROMISES ami agretmeuts that
s. eTe entered iuts.
Arthur Brown insisted that mel
Their this referee nor the court which
appointed him, had any right 20
criticise any agreement entered
into by the government through IT.
solicitor general, SIR. Jenss, AMI he
thought anF testimony In that direc-
ton imFi0l rl.
The witness again narrated how
Solicitor General jerks had urged
.hGi the Church iuFn over lts pruI
erty FOR the purpo>e d Sinai de-
cree; how the government attorneys
hal insisted or having "a good deal
% property Snich the ChJrch hac
add; how the same was recovered
10y the Church ami turned over FOR
the purf1st-s % q fiual decree; hOH
ai,strsJts ~ iitiCp ~ the Temp h. and
tiihiug pDpeTtits in the aiious
Stakes hal teen submitted % SJiici-
tor General jerks, AMI also the
charters OF the corporations owning
them. and how lac had conclude,i
that the Church had no title to
them.
Mr.. Dyer was placed ON the stand
and examined by Mr. Nariau re-
spevting the al, GlJ he had u.ed Of
the fund. anu rUpail with interest;
but nothing % moment was dis
ClCsed.
The commissioner thenquestiOned
Mr.. Dyer, who tg>tIiied Of the ef-
forts lac made 10 find property by
sending agents and going In person
10 various parts OF the Territory,
searching records, etc; lac planted
suit in Ogden To recover the tithiug
property there, claimed hy a local
corporation, as test case, intend
ing, ii victorious, tO institute OtheTs
la various paris Of the Territory;
before Mr.. Peters anu SOlicitO:-Gvn-
eral jerks agreed d the statement
Of facts. they both had As full it,
formation relative 10 the tithing
properties in various parts Of tine
Territory, Es any man living pos
scs-ed; furnished part OF the in
formations; the government al
torueys knew that believed
the Church had property not named
in the statement u facts, at the time
they agreed 10 il; expected 10 push
the Ogden suits 10 judgment, and
never heard till yesterday Of tine
alleged agreement 10 have them
dismissed: the Church attorneys
never applied 10 me 10 have tie m
dismissed: the reason why they
were not prosecuted was because
there was a disposition all around 10
await the decision Of the Uniied
States SIpfeme Court; / retained
Mr.. Dickson last spring 10 push them
as soon a possible; one reason they
were not pusi e was because the
exIense would he loss la case the
decision Of the United States Su-
prcme Court should be adverse 10 the
government; the reason | did not
bring suits IN various parts Of the
Territory at the time hid in Ogden
was because my attorneys advised
me not 10, and told mt that the fund
would lUSe nothing 10y awaiting n
test decision ia Ogden, but might
lose much by pushing many suits.
The matter Of the $50 COM
premise for personal property was
being investigated, when Arthur
Brown, who had been out and just
returned, after catching the drift Of
the cOmmissiUneTs questions, said:
Your honor, / object TO theseques-
tlOus; / object % going into any
matters that have heretofore teen
Investigated under the order Of aud
passed upon by the court. The record
shows that Chas- >. Ztne, Esq. was
an attorney in = contest respecting
matters now sought to lie gone over
asaia here, aud this fact
that Afterwards the same Chas.
:. Zane became Chief Justice
dos not change the fact
that he was and virtually IL still
a party 30 sOme Il the ISSUES in
volved. Under no gui-e can Charles
;. Zane, attorney, make n vaii'l
order Of court involving those issues.
The order Of the court appointing
this commissioner ami requiring this
examination, u null AMI void
object TO the proceedings % this
court as a whole; il i no curt ata.l.
CommissiOner-Your objection l.
overruled-
The commissioner questioned Mr..
Dyer at great length AID minute
ness regarding the $40. 900 cUmpro-
mise, Tut failed to elicit anything
new.
Judge Judd offered Ia evidence
the opinion Of the Territorial Su-
preme Court in which that CON-
promise Was approved.
Mr.. Dyer stated that he often
talked with members Of the Terri
tOrial Supreme Court about matters
pertaining tn his receivvrship. ex-
cept Judge Zane; he and I dIdu't
speak, the members Of the court
were kept fully informed by me as
TO what I was doing.
Commissioners = The property
known n the Council House corner.
was excluded from the statement Of
fact; what has been done about IL?
Wi;ness-It was held by some
one, forget who, who decided il 10
a scientific association. l believed
that the transfer wa- invalid because
without Consideration, hut nothing
was done to test the title; Il Wa
deemed doubtful abJut the receiver
succeeding In suit.
The witness narrated the circum-
stances under which he employed
Mr.. Peters, AID this matter was in
quired into In detail.