Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-22
JUDGE ZANE DECLINED
To Be a Witness in the Dyer E,.
animation.

court was held in the Territorial
Library room in the Wasatch buiId.
ing last Saturday evening for tine
express purpose OF taking Judge
Zane's testimony rclati-s to the
Dyer receivsrsbip.
When it came time 70 call the
court TO order, a conversation oc-
CURED betweenC ommissioners,ope
Arthur Brown, who is representing
Mr.. Dyer. and Judge Zane. The
latter expressed disincllnatlon 10
testify, and said substantially:
"Al l know is shat Is I'm the
record and hearsay. / don't think
Judge ought to be n witness in a
case before him, unless IT il sbs,-
lutely necessary to the ends Of ius.
tice.v
Mr.. Brown-Perhays 1 could
show that You are not n judge. bat
an attorney in the case. Laughter
Mr. Brown conlinued-s.I know
it is = delicate position in which
you are Placed.''
Judge Zane 10 Judge Judd
When Brother Stone fist spoke 10
me about tes.iiyins, ] thought I
Nigh; be able to testify 70 son,e facts
not IN the record already; but l
haze been thinking the i,,-t.s. over
and havn rc=5hed the conclusion
.aat, aside from hearsay, I have no
facts in my possession not already
IN the record.
Mr.. Blown requested that the
sienographer note the refusal of
Judge Zane 10 testify, and 10 add
that he (Brown) only desired TO ex-
anime him relative 20 matters with
which ne was connected IS attor
ney, and that he did not want TO
ask him any hes-say questions.
the cOuTt-i do not think / have
authority 10 compel Judge Zane to
testify.
Judge Juil-j2ige Zlne,s refusal
TO testify assumes the very matter
concerning which we wish 10 ex-
anime him, namely, his qualifica.
ton 10 act as n Judge in a case In
which he has been an attorney.
Nj. Browu-We viii not insist
upon Judge Eane's testifying.
An informal discussion ensued
relative 10 Judge Zane's connection
with the case as an attorney, and he
said he had no objection 70 stating
the particulars IN the n).tterand did
81 He aud Jaha NJ. Zane were
empspScA by certain school trustees.
VINO made certain Representations 10
the Judge, which, however, were
hearsay % far as lie was concerned.
Zane x Zane aud Il. Y. Raskin in
stiiuted certain proceedings, which
are OF rec1ri, as attorneys lor the
school trustees.
y discussion of the nature Of tfe
present examination gsll0wei, be-
tween Judge Zane and Mr.. Brown,
in which the former gave Il as hi
opinion that 4 wider scope was h.
rug given u IL than Vas intended
by the court ordering 1t.
Ar. Br0wn-Well, rs the Judge
refuses 20 be sworn, we can't waste
any time with him. In view o. his
refusal, / would like 10. ask few
questions OF some other witnesses.
\ discussion ensued rs TO whether
the business could be finished on
Saturday night. IT was determined
10 send for some witnesses forth
with and await their arrival.
After wait, which was improved
10y 4 friendly chat, il was determined
10 adjourn till IL am. Monday, at the
Gas COmpany's Office.
Commissioner S.oae-I suppose
Mr.. Nariln will Je notified.
Judge Juii-Atr. Nlrian don't
segm 70 take much stock In the pro-
ceilings.
AtthIs the gentlemen present left !
the room.
Just what Judge Zsnc-s reasons
-ere for refusing 10 testify are best /
known 10 himself; but Il can readily
he supposed that ne did not care t. 4
expose himself 70 a cross eEamina- !
ton by Arthur Brown, Judge Judd /
and =. L. Williams On matter |
which he Is said 10 l,c 1
very sore, viz his connection rs an |
attorney with a c4se he now sits on 1
as a judge.