Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-19

~ suat uirectlon, IL Is a ques
!. ton with me how far I ought 10 an
+, swer questions relating 20 NV cor
i respopdence with the Attorney Ger
: efal, don't now recOllect any ref
e ence msde by him to thismatter
nave taken no sbets TO searct
Ior more property; have mo-
4 deemed IL incumbent upon me h
r 40 50, or 10 take action in the enc
D without special instructions.
VIC. Hall was sworn and az
amined by Judge Judd: Hsv.
r known p. L. Williams srv.n.a.'s
! yeirs; his professional standing ~
; the bar Is inst class; 1 think him :
lawyer OF sufficient ability 10 direct
the legal bnsiness OF the recejver
anu tnat his advice was safe for tb,'
latter to follow. 'O' Tue
Adjourned till 10 q. m. today
Ihe proceedings opened this
morning by Mr.. Williams be,ny
crOss-examined by lie Grand Youpy
Mr.. Williams testified;
Three days ago, IN your offioe
invited your attention 10 o., :
IN TIE case Of f, n. Dyer. reeeIysr
vs.. IL =. Eidredge, and asked Won
u the decree disposed OF that prom
erty, and You said it did; you aid
yod could not tell how a provision
reisdye 10 il came in the decree.
ard that THERE was no finding of
iact IN relation 10 il; you said the
uec,ee was drawn np Ia your office,
and ycG could not account for the
council House property being EN-.
braced in it. > d.
To the out Mr.. Young under.
stood Es / did that the i've rods
/ square, known as the Council
House corner, was not included In
the compromise. The witness dc.
tailed the maDner in which
al other portions Of the Constitution
lot were compromised, aud decree
agreed upon As TO them, but claimed
~ have been astonished when he
saw that the decree embraced the |
corner property; he did rot believe
there was premeiitalel fraud in |
tanning the dectee, but that IL was
framed ~ inadvertence 50 rs to in
GUIDE the CUuncI House corner.
lie Grand Young was examined |
by Mr.. Williams: l remember thar /
az the tuie OF the compromise Tue
C0anc.i House corner vas 70 be ex-i
ciudeG; at one time I thought L
would allow the case 70 be dismissed /,
as to all The other claimants 10 nor
tons OF that i0i- but afterwards de-
tern.iued 30 offer proof aud take a
decree quietiUg their tiles, which l
did.
Witness desctlbed the PROCEEDINGS
that took place In ecurt fcsuiling in
the decree aEd continued: No
evidence was offered relative TO the
corner; L prepared the findings Of
fact on which the decree was hase,!;
theIe w9s 10 finding Of fact relative
10 The Coz .'e-; | drew the decree; in
doing so did not intend that II
should vary from the compron,i.e
understanding l cannot explain
bow | came h draw the decree as l
diu: unless 1t was because o. an
understanding had bad with Mr..
Peters, aud becanee he thought the
had no case in regard
70 tue corner, and consented 70 let
u go; l c1noot remember having
such an understanding with Mr..
i'e'ers, but / cannot account for
drawing the decree rs l did unless
such an understanding had been
into.
To Judge Judd-When the
Church parted with the CouutiI
House corner it received nothing !
'Ur e and hence. in Tie real estate J
the Church refnsri 10 J
ilsy ANY sum Of money in lieu OF Il:
understood that Property was to he !
Ieiinsliseed by the government
tncef the general compromise.
To ,he COURT knew that Mr..
Peters Thought The government had !
very slight chance Of srcccss In a \
sdit ;or the Cou neil House proper
y; had heard him say 50, and L re- ?
Benbsr having had au Understand I
ing that the suit for Il was TO oe q
dismissed: ] presume drew the de- c
,ree as uid in cons. l1ence Of a
general understanding that the gov
was % abandon that prop
sriy; am not willing t. admit that
he decree isintOrrect. In a CONVEX
Iliion between NJ. Pe'-rs. Mr.. n
Richards and myself. Mr.. Peters =
AID he Thought he would dismiss >,
: 10 The Council House conner; he 1
I'D bot deny. that at an n
between Solicitor-General
EMS. Mr. Richards and himselfan a
was catered into a
IDder which lhc government VIZ. te q
cline lish all cigim 70 the Council n
House cOtne-. and he Iaisiy PROM I;
sed that be would dismiss The sdit. n
When | sssed him laicr to dismiss a
be suit be told me ( , 3sk Nj. Will :,
ANS to do u; did so. but NJ. VIII Il
ans refused; NJ. Pete,s told me n
g undersi JOd The suit was to be ~
ismiss- :. that he thought Ii ouyht i
, be, but he preferred that Mr.. vii. r.
ans should do II. n
To Mr.. fsir1ards-ft was the I'M 81
e. landing between You aud me n
rat / should offer stimony as to v
be lilies 10 all claimants 10 portions a,
{ the Constitution lot except the q,
that as to that there IVES N
} be a dismissal: this gss my un- ..
with Mr.. Peters.
Mr.. rs. Richards was examined
y the cour,-I take TIE position
rat the decree wP8 drawn in ac-
D. jaace with an agreement with n,
Diusai for the governmsnt: that Il
IS framed jrsi as il should have
eco anu l should resist any pro-
O-iiion l'ilt there was either error
: fraud in It. :;
The witness narrated the negotia- -
ons between bimseIf aud Col. M
i Oldheld in behalf OF the Church, G.
nd the Solicitor General aud Mr.. CO
eteiJ, in behalf Of the govern =,
lent, which resulted IN the COM
romise, aud an understanding that eA
! suits should be termiBIt.1. 10
To Judge judd was one Of the Il,
lcOrporli OF The Literary & AZ
c'entific Association: We Obtained
Or tile from ii. ;. Eldrejge; who
Ave Us the proT sr;y; il Was to he L.
svOt=d 10 a museum, aud scientific IN
ld literary purposes; E!dreige 40
D. his title from the trustee
-tTus: the Association rested II.
'nfijent that it, title was gOOi: ia
~ n s1n why the property has eli
Il been improved j. because OF a -
sagreeuient in The Association as
which paiS OF iis land Il should oe
u; it had to sell one part q i'm an
owe the other as II had no means; 10
ere is not, nor has there ever beep. .,
question In my mind Of the ability
the Association to maintain its >.
le.
Adjourned till $50 pm. tomorrow, no
Judge Zane's Chambers. N,
After announcing the adjourn -
ent, Judge Stone said he would w
&c TO have the attorneys in the
Sc prepare to argue the following ne
IsstiOns: pa