Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-12


! Ions was concluded, p. l.. Williams
arose and stated that he desired to
file claim for fees as counsel for
the receiver in the Church case.
from November, lSSs. The claim
Is for $1,000 per a,1n:ifn. Mr.. vii
lisnis has alfGsdy received q, 500 On
this account since the las: allowance
made to him.
The next action Of Mr.. Williams
was in regard to Judges Zane and
RosbOrOugh. He presented the
following document to the court:
In the Supreme Court Of the Ter
ritOry OF Utah.
The United States Of America,
plaintiff, vs.. The Late Corporation
The Charch Of Tests Christ Of Lat
ter-day Saints, ct al, defendants.
The undersigned attorney Of the
receiver in the above entitled cause,
in connection With his application
herewith filed, FIR an allowance a
counsel fees, hereby objects 10
the Honorable Charles :. Zane.
the Chief Justice Of this court
taking part in the consideration
Of the question Of said allowance,
for the reason that on n prev Gus
occasion he was counsel in certain
matters connected with this cause,
aud involving the question Of com
! pensatiOr OF the Undersigned rs
sseh counsel, and that as such at
tOrney the said Charles ;. zane did,
asappears 10y the records and files Of
this court, express an opinion upen
the subject Of such COMPENSATION,
and was, A. the undersigned is in
formed and believes, employed ami
paid as counsel to oppose the allow
ance Of compensation TO the under
signed herein.
=. l.. WILLIAMS.
Next came these afiidavits:
In tine Supreme Court Of the Ter
ritory Of Utah,
The United States OF America,
plaintiff, vs.. the Late Corporation |
The Church Of Jesus Christ Of Lat
ter-day Saints ct al, defendants.
TERRITORY OF UTAH,
County Of Salt Lake.
Frank II. Dyer, being duly sworn, |
depOses and says that the Honorable
Charles :. Zane, Chief Justice, /
presiding in this court, was at one
time an alto ney engaged in Ger
tain matters involved in the above
entitled cause, as appears 10y the
records, proceedings aud decisions Of
this court herein. 20 which reference
is made for the purpose Of specifying
such cOnuectiOn. That hb was, n
affiiant is informed and believes.
paid as such counsel. That while so
Engaged, he did, in open court, ex-
press himself in opposition 10 anG
hostile TO the management by this
ailiant Of his said receivership, and
exhibited personal hostility 10 az
fiant.
Aiiiant further states that he has
reason 20 believe and does believe
that the said Charles ;. Zane is
biased and preiudiced against him
and for that reason he ought not a.
sit, take part in, consider or decide
upon any questions in connection
with the said cause involving the
actions OF this aftiant, as such re-
ceiver.
FRANK II. DYER.
In the Supreme Court Of the Ter
ritory Of Utah.
plaintiff, ". The Late Corporation
The Church Of Jesus Christ Of
i.atter-day Saints, ct. al, defend
ants.
TERRITORY OF UrAH,
salt Lake County.
Frank II. Dyer. being duly sworn,
lepOseS aud slys: That he has rea-
'On 10 believe and does believe that
Joseph y. R0shoT0ugh. heretofore
appointed examiner by this court 10
inspect and report upon reports and
sections Of afiiant rs receiver in the
Above entitled cause, i personally
Iuirleudly, hostile and prcjudicci
against thc ailiaut. That formerly. |
,ud until about two years ago this ,
infant and said R0stOruugh were on
very friendly terms, and that about
hat time, for some reason unknown
. ailiant ami continually since, the
aid EJ-6uruugh las shown a con
inuIl hostility and unfrivnd!iaeSs
o ailiaut, and since that time has
not spoken To ailiaut or recognized ,
aim even when casually meeting. ,
That neither aiiiant nor his Cuun-
al We're present IN court when the
sid appointment was made, had no
notice thereof and no opportunity ;
o make known % the court these .
acts previous 10 this time.
That in view Of the Aforesaid fact '
Ifiaut respectfully suhmits to the
.ouTt whether the said RosborOugh {
.ught % I,- continued in said office )
4 examiner.
FRANK II. DYER. Z
Both Of the atiidavits were sworn :
o before II. G.. Mcmillan, clerk Of '
he Third District Court. q
The judge looked a. each other,
nd froWH came over Judge
.1ne's CUuntenlnCe.
Mr.. Nariau said he would like to
e. heard on these subjects, and was ,
nfOrmCi that written suggestions
would he received from him.
The court then took recess till this
fleTn0On, when the Arguments in .
h. case Uf tine SOcictie dcs Mines, :
tc.. ". Il. Macintosh were taken :
". !,