The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-08

According to citation. Mayor James
Glendinning. General W. II. Penrose
and James Moffatt with their re-
spective wives, appeared in Justice
Sommer's court yesterday for examin-
alton on supplemental proceedings on
judgment against them for $104 and
$14 costs, in favor of H. C. Give. The
judgment is one of q which was OBJ
tanned against the Utah Midland Rail-
way company and Messrs. Glendinning,
Penrose and Moffatt Individually The
judgments, which aggregate about
81 900, were obtained in Justice Har-
vey's court for work done and supplies
furnished in surveying for the pro-
jected Utah Midland railway. The de-
PENDANTS appealed to the district court.
where the appeals were dismissed, and
the judgments remaining unsatiS1ed.
the judgment holders are now seeking
to discover the wherewithal with which
they may obtain their satisfaction.
The proceedings yesterday were in
complete. for the reason that the point
was raised that the wives of the parties
could not be compelled to testify. the
defendants relying on a statute of this
state which provides that certain re-
idllOuS Shall ne lllNlOldkc anu llldl NUS
band or wife cannot be compelled TO
testify against each other without the
consent of both. Attorney HOppaugh,
who represented the plaintiff, took the
ground. however, that in this case the
wives were not asked TO testify against
their husbands; that his client had
made an affidavit that he believed the
defendants were conceaEng their
property for the purpose of evading
payment of the judgment and that
their wives had some of the concealed
property in their possession and that in
being examined the wives would be
teStifying on their own account and not
against their husbands or any one else.
The court took the question under adj
visement until Thursday. when the
case will come up again.
The husbands. however, were exam
ined, with the result that no property
not exempt from execution of Glendin-
ming or PenrOse was discovered. while
Mr.. Moffatt confessed TO owning about
half the capital stock of the Star Min
ing company and stock in the Reliable
and Independent mines, which he was
ordered to turn over and apply on the
judgment
GENERAL PENROSE.
General Penrose was the first to take
the stand and in reply to Mr.. Hop
paugh he said that about seven months
ago he had $1,000 realized from the
sale of certain stock in the Gold Dust
Mining company of Mercur. With $500
of this he had purchased bond and
lease on a mine. He also bought some
clothing, paid some debts and gave the
balance to his son. How much he gave
to his son he didn't know. All he had
now was an old silver watch. a violin
and a ring. and he never expected to
have ANYTHING
MAYOR GLENDINNING.
Mayor Glendinning said he had 500
shares of stock in the George NJ. Scott
& Co. corporation and also stock in
the KnutsfOrd Hotel company. all of
which. together with other securities
was hypothetical to the National Bank
Of the Republic as security.
JAMES MOFFATT.
James Moffatt confessed to having !
stock in the Star Silver Mining COM
pany, of which he is president and also |
stock in the Reliable and Independent /
mines. all of which was of uncertain |
value. The court, however, ordered /
that the stock be applied on the judg- I;
ment.
Il on further proceedings no more |
property is discovered the plaintiffs |
VIII then enter suits Tor the $1,000 |
against those who became sureties on
the appeal bonds from the Justices
court 10 the district court. The sureties
are Thomas MullOy. Richard Mackin-
tosh. Rudolph Alff and Mrs. H. G. Moi
fatt
Messrs. HOppaugh and Krebs repre-
sented the plaintiff yesterday, Judge
Street appeared for General Penrose.
d. B. Hampstead for Mayor
and Mr.. Moffatt was. I'M
represented by counsel.