Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-28
LEGAL SGALPiNG CONTEST.
4 lC,ilhorical Bon0sl.ii EXPLOITS
10 lh3 SlpGml Court Rom.
COLLAPSE or Az Affidavit
Attorney C raid a. T.. Jacason Trlc,
His Hand at a Sensation, Rai
Fail' in ihe Attempt.


Hpiung this morning In the Territorial
Supreme ciurt room, shortly after tho
onsuins Oi the days sn.5Ion.
There was down on thn docket for
argument, this afternoon the we'll
rgmpnl,roi cigs Of william pereso, |
plaintiff aui appellant vs. Wan. II.
Dodge e, al, defendants ami teppinI.
cuu. 10. b suit Ia equity u quiet
title brought upon an aIvcr3s claim
iiied uy phintll against the delen.
dan,S application Tor U. ). patent |
10 mineral lsnI.. Tao defendants |
deny tis material allegations OF the
complaint and iOr further answer
allege title anI possession In them
selves.
Counsel Ia tho matter are J. Y.
Marshall aud Gerald q. p. Jackson on
the one side and W. II.
Dokson and Brown AMI Hcndor.
sou on the other, aud II W as In ruior'
ouce to this appeal that the incidon,
above hinted attranspired.
Mr.. Jackson, as onu Of tho attorneys
for this appellant, applied to the court
TO gran, continuaucl, aud read u
voluminous All lavit is supper, Of his
request. lie sot forth, mainly, that
james Y. Marshall, senior counsel Tor
the appellant, could not be present
during this term Of court, as he is now
out OF the Territory, In Colorado, en-
gagged on loyal business, and that ho
had not had time % examine the re-
spondents' brief. Aiiiant then went
on TO state that no himself could not
proceed with the hearing, for the rea-
son that he had not hal time to pre-.
pare for the argument, having been
busily engaged iJr tho past thee
months examining witnesses and
| securing evidence on benHlf Of his
clieR,, also In securing proof that the de-
/ cree from which this appeal Is taken
was obtained by fraud, PERJURY, bribery
and the suppression Of testimony GU
the part OF anu Mt the Instance, cOnniv-
ance and procurement OF the dolend-
ants and respondents
Since December, 1899, allan. stated,
! hl had repeatedly applied for a brief
from the attorneys for the rnspO ndents,
hut had been unable to secure copy
until March 2lst inst, and proceeded
to say: "that the reason for tue desire
ON the part Of the defendants aud re.
spondents Tor proceeding ioa hearing
and argument OF this case ut this term
Of court, when the plaintiff and
appellant Is not prepared TO
20 proceed. Ia because said defendants
aud respondents know aud always
have known that said decree was oh.
tanned In the court below by fraud,
deceit, perjury aud bribery Of said do.
.enlants aud respondents, their agents
aud servants, and by and with the
knowledge, consent, and procurement
OF said defendants anu appellants, and
OF which this siliant has ample proof,
and can produce ample proof there.
upon. That by reason VI said fraud,
deceit, bribery ana perjury the court
below from which this appeal Is taken
was nnd has been imposed upon aud
involuntarlly made the means OF injus.
tice. That since the 10Th day oiFebruary
1898, said defendants have attempted
10 brlbe some OF the witnesses for the
plaintiff aud appellant, and said at
tempted bribery was with the know
ledge OF one Ellis, a clerk and assist
aut OF William II. Dickson, one OF the
attorneys for tho defendants and
respondents herein. That tho fraui,
bribery, PERJURY aud suppression OF
testimony above set forth was no.
fully known to this siliant before this
appeal was taken 10 this court, and
aiiiant has full proof Of same"
The reading OF the latter portion OF
the document fell something akin to u
thunderbOll upon the attorneys pres.
emit, among whom were Messrs. Dick.
aon and Arthur Brown. The former
emphatlcally denounced the contents
OF the affidavit as ecandalous anu
untrue; while Attorney Brown, rising
ami bringing his olenched fist down
upon the bar table, similarly gave vent
to HE feelings. AS TO the case Itself,
he said, II was n trivial one, and could
be disposed OF In very short time.
He asked their honors to dispose OF
Mr.. JacksOn'a affidavit forthwith by
referring II 10 the grand jury.
Mr.. jackson rejOlned that that was
exactly what he would like. Let
IL 20 TO the grand jury by ali means.
Judge Zans said the court did not
care 10 pass upon the matter In any
way, and the application Of counsel
for a continuance Of tue Ease would be
denied.
Mr.. Jackson then took up his papers
and departed, but he and Mr.. Ellis
1.-THE gentleman referred TO IN the
atIidaviO CHANGED to meet Just outside
the courtroom about half au hour later,
and there was every appearance OF
trouble. Mr.. Ellis applied such cpl
the,s us "cur," aud "llar" to the
offending party. Before, however,
anything more occurred Judge Hen.
derson, Bailin Spfague, anu few
Others ok II upon themselves TO come
between, and induced the couple 10 go
their respective ways.
The next thing heard OF the matter
, was at noon, when, lust as the court
was about to adjourn, Attorney Dick
son went before The Judges aud moved
that the ohjrotionaolo all iavit be
stricken from the files Of the court IA
scAndalous. The practice, he took 1t,
was v eli settled that the court would
moi suasr 10 remain on its files
any scandal0us document, for
, The reason that 1t would not permit the
process OF the court or It's f,rnls OF pro.
, cedtTe 10 be used ne veh,sie for tue
, Qualification OF malice or scandal. In
that affidavit, which had been sworn
10 by Mr.. Jackson, young member Of
this bar had been accused In so many
words Of sub1rnation OF perjury. II
| f.f nlaIinn On