The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-08

B. H. Jones, the Brigham city attor-
ney, for whose disbarment a petition,
accompanied by charges, was filed by
D. P. Tarpey, filed demurrer and an
swer with the clerk of the federal
court yesterday, in which he enters a
general denial of Mr.. Tarpey's allega-
tions.
The matter was referred to Attorney
S. H. Lewis to inves late and report
to the court. The answer, in full, is as
follows:
Comes now B. Howell Jones, the per-
son charged in the above information
under the name of B. H. Jones and b.
Howell Jones, and demurring to the
first charge in said complaint or petit
ton, says: That the same is inspecltc
in this, that it does not state the par
ticular perjuries mentioned and re-
ferred to in said first charge. Further
answering said first charge of said pc
tition, and not waving his demurrer
heretofore preferred, said 3. H. Jones
denies that he, in that certain case NO.
81, in the First judicial district court
of the state of Utah, committed any
perjufies whatever, or that said or any
perjuries will more particularly appear,
or that they or any of them are of rec
any of them will appear by, or be
shown by the files of transcript of tes-
timony in said case, or in any OF them.
INDEFINITE AND UNCERTAIN.
3. Said respondent further answering
said case, and in answer to the second
matter set up in said information, de-
murs to the said second matter, on the
ground, first, that it is indefinite, I'M
I So in
does not set forth when he withdrew
the complaint therein referred to from
the First judicial district court. OF
wherein he filed it on return, or when
he made the change therein in second
matter alleged in the said complaint, is
! insufficient to disbar this respondent.
/ 8. Without waving the matter afore-
said in said petition alleged, the SAID
B. H. Jones denies that he at any time
returned to the said district court said
| complaint, or any complaint, with a
/ slip of paper. not included in the orig
! inaI complaint, or that said slip OF pa
per attempted to set up cause of ac-
| ton upon a judgment had and obtain
! ed in the said Second judicial district
court of the state of Utah, or In any
court, which judgment was not OBJ
tanned in the Second judicial district
court of Utah until the month of July
| 1897.
And he further denies that any OF
either Of the matters set up IN the sec
ond matter of said petition Will appear
on the files of any court for any cases
/ set out in the said second matter, or in
any other cases.
DENIES THE THIRD ALLEGATION
4. The said respondent, B. H. Jones'
answering the third matter set UP in
the petition of D. P. Tarpey, denies
! that he. in case No. 81, in the First jul
dicial district court of the state OF
Utah. entitled E. A. Box VS. D. p
Tarpev ct al, or in any other case il
any court whatever, or as basis OF
any action in said case, or in any other
case inserted in his complaint, or IT
any complaint, a certain purpOrted as
signment from r. K. Wilson to Z. a
! Box.
5. The said respondent, further answer
ing the charge of the said D. T. Tar-
pey and in answer to the tourtr
charge in his petition contained, denies
that he ever at any time, before the
department of the interior of the
United States, or before any depart
ment Whatever, issued stereotyped at
fidayits setting out cOntinuanceS o.
cases in the cases mentioned in thu
said fourth matter of the said petition
or in any other cases, or that he eve
at all. in said department or elsewhere
issued stereotyped affidavits, and h
denies that in the case mentioned il
the said fourth matter in said petition
contained, he, as notary public, or a
attorney in said cases, or otherwise
issued affidavitS in blank attached t.
his iurat, signature or seal, or that h
forwarded such affidavits to the Unitet
States land office in Salt Lake City
Utah. or elsewhere.
DID NOT ISSUE BLANK AFT
DAVITS.
And he denies that he ever, at an
time, as notary public, or attorney, o
otherwise, issued blank affidavits i
any case attached to his jurat, sig
nature and seal, or otherwise.
6. The said B. II. Jones, the respon
dent in the above matter, denies tina
he, in the month of April, 1897, or a
any other time, obtained from j. t
Holmgren any money or any othe
thing for obtaining an opinion in writ
ing or otherwise, to be given to sal
Holmgren by the said b. H. Jones an
Evans & Rogers in relation to title a
legged in said fifth matter, or in rela
ton to any other matter
+, Z. The said respondent, b. H. Jone
in answer to the sixth matter set OIL
therein, denies that he at any tim
: obtained from his clients, or any {
z them, in the case of Josephson "
u Heed in the United States land offiC
II