Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-16

Court all thp judges were la their
places on tho bench when tho sca1lln
oneucd at 10 o'cl0cH, namely, Chief
Jua.ico Iuuu, Aa.c.atu justices
b'sch, Smith auI kur. Ciors
bacae roai the minutes OF Monday
'ati, which were now rpfrlvcd aus
slgucd.
luE gmur aipEAL
Assistant Ustug. Attorney Havat
directed lno aaar'B attention 90 the
case % ,ho People ,a Charles Thiode,
now in the IgulieuuHry under sou.
lgucg OF death, uuI iu which an up.
zeal 90 ilia court Boz BOW pending. The
IhntDHli was tlul 0u Monday lssb
hnd counsel HaII that 10 aLgUvtblr 90
'hgit houYW be would like Co have tho
matter pIsCyI or tUu docket aud set ior
hearing SOME iiwH laia tom.
Ju1nu tauuy Gone uglugdaurs bttlf.
no5) f.u1l..I tIHt tH. appeal was
only perfected uu iHD l3fu met, An. nl
abstract or NE.i uoJ utun set nltl.
hrucu Dc Iu.It.I ample time 90 pfU.
patc the necessary ur.vi uIufsumrut.
lhr record was VERY vllumiutus
one, covering some 900 lagra,auI there
were seventeen Or eighteen assign.
menis u error bes..tt qluilleus "
law TO diruuHH.
D.aitic; Attorney Judd aid there
was no uasU tut O. nearing 0u the aiat
lnHt., nud tusEuH.pI that tuis matter
might be called uU on iunt date. Tho
court would NOT, probably, want 20
limit the arEumHu.F.
Judge tuCIfy said he could not 30
ready iu fourteen dogs from thls time.
District Attorney judd Presumed
tAat the court would not require any
abstract iu this cast, when " UulI he
heard on the record.
Judge BgrlCh-lt has not been the
custom O. prepare abstracts In murder
CaHvF,
Judge Cherry Well. I cannot got
out "a Ufioi in fourteen days.
After some further conversation tho
court TOOK the matter under advise
ment until tomorrow morning.
ADMITTED 10 PRACTICE IIERE.
Vim. a. Lee, OF Ogden, who lre.
scuiUd a certificate from the supreme
court Of Nebraska, was admitted 10
practice az tbs bar OF this court On
motion Of Attorney IL. T.. HcuiefsJn;
aud Daniel b. Rionarus, OF Michigan,
On milton Of Attorney Oscar Moyle.
no MORE wASqKD.
Ctiet Justice Merritt announced
that the court had decided not to ap-
point any additional u. S. commits.
slonefsi except Ia certain outlying
districts.
Their honors now appointed o. a
commissioner, &. y. Lund, OF Mount
Pleasant, Tor sanpete county.
ARTHUR browns CLAIM.
Clerk Joseph T.. Bsuho, who on
October G!h, 1894, was appointed by
this court az special master 10 take trs.
tim0uy lu the matter OF the uelltlou VI
Attorney Arthur Brown, asking for
compensation iu the SUN u Il, 900 for
legal services ruuIergl 10 tho late Te.
| crivcr OF the Church OF Jesus Christ
OF Lattor.duy Saints Crank IA. Dyer,
now decoasoi) presented his report
| thereon this myrulrg,
| The special master found, and no gave
| hiE opinion, that tue services REFERRED
10 "wuro rendered. by the petitioner TO
| the late receiver os 1uCh receiver, and
not o. him Ina h.B personal matters"
! The testimony further showed, ho
stated, that t4gse services were worth
$1,000.
Drtict Attorney Judd, as repre-.
sCu,luE the United States, and AttOr.
nuy h. 3. Richards, representing tho
| late corporation Of the Church Of Jtsus
| Christ Of lattcI-Iny Saints and Re.
ceiyur John h. Wiudor, now putina
typr-written PROTEST. Oulocting 10 the
/ court taking any action upon the 10.
port Of Special master BaChe under the
Uuuuun ui Mr. Brown, filed May 10,
! 1894, or under tho order II this court
ms'o upon petition nj the June term,
1894. Tor tue following reasons: Let
tina. the said petition iB a proceeding
unknown totlU forms VI law AMI 10 tho
practice OF ,h.s curt End. That said
petition shows upon Ne face that this
/ court, at q former term, aHor hearing
upOu tho mAt,Uga sut uu Ia the petition,
denied any relief 90 the petitioner by
uu order made and entered In this
/ court 10 chat effect, which order sJill
remains in tull ilIys aud effect. 3r4,
lulLt bUfTtlgHiutUfug,ed lu g1utestiug
lhuuaglerHgt uu 200 said petition WuT5
not made lmg. Sea 90 the same, aud have
not been served by the petitioner with
o. COPY OF tue petition OF with any cory
Of the order VI the court m1ie thereon,
anu they have hal no opportunity 10
make any defense 10 the matters tul up
la said petition,
Attorney Brown conducted his own
case aud set forth IN substance the ilu,a
contained IN his original petition, Ho
stated that thu services were rendered
10 the late receiver Frank II. Dyer) Ia
the lattor'H official capacity that tho
petition was subsequently presented TO
the supreme Court, with Judge Zane
as chef Justice, and denied uy an
order mauo nud entered after the court
had adjourned. Petitioner also Insisted
that Judge IAn6's order Ia the matter
was null aud void, inAtmuCh as prior 10
going upon the bench no had been On.
gagged In tho Church cases,
District Attorney Judd said this was
matter OF some importance u the
parties concerned.
owe have hRu no chance 10 lnka
any proof yet" added counsel, so
deny any statement no opportunity 10
defend Vt all, HuJ IL 10 most OK.
tuoFdinary proceeding IN this-that
tue petitioner comes IN md slys tnug
tue ,TIer made by this court ul
former Gay ~ void because one OF tho
Judges was incompetent to sit aud tho
order was mnue after the court had nd
jluTned, We surely have tho right 90
take issue upon that aud 20 have tho
fIyukluLgl Oh llqgg hlu1l