Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-02
AUDITOR EVANS WAS MISSING.
Kept Ont of the Way and Officers We're
Given the Horse Laugh for Not
Finding Him,
WIFE DON'T KNOW WHERE He IS
Court Grants Brief Adjournment for
Presentation of Facts in All
dayit Form

The hearing In the case Of Eugene
j. Dair, protestant, against owen l..
Davis, came up pursuant to adjourn
ment before the United States land Of
flee this morning at 10 O'Clock This
is the case which was fully reported in
the News" of the Both ult and in
wolves the title TO coal lands in Salna
canyon II is one Of a series OF II
cases, involving 40 acres OF valuable
coal beds.
The charge Is made that the ocators
Of these various tracts were merely
stool pigeons for the Utah Fuel COM
pany, who paid the expenses of the To-
Gators and then gave them sums Of
money, infinitely less than the lands
were worth for their rights Of location.
Six of the cases have been tried and
there is stlll Ave to be heard.
At the last hearing considerable acri-
mony arose between the attorneys en-
gagged in the case, who were Gray and
Beane for the protestants, and Maj
Bird and Mr.. Braffett for the defend
ants At that hearing a subpoena duces
tecum was issued against John f.
Evans, auditor of the Utah Fuel COM
pany, directing him 10 produce the
books and vouchers Of the company
for examination.
WAS TOO SARCASTIC.
At the opening this morning Mr.,
Bracket arose and made a statement
to the court in which he said he de-
sired to apologize for any remarks he
might have made during the excitement
n n Of ~ Ia Il In N
to show any disrespect to any officer Of
the court He thought he had been
more sarcastic than the occasion war
ranted. The matter 'aas passed up
without any comment.
EVANS WAS MISSING.
Mr. Beane. OF counsel for the protest.
ant said their principal witness Auditor
John f. Evans was not In court and
that they could not proceed to trial
without him. He stated that since the
last hearing they had done their best
to serve the subpoena, but without sue
cess. lie stated that they had inquired
at his Office in the Dooly Building and
had been able to get no satisfactory
statements as to his whereabouts In
fact they had been given the laugh"
They had left a subpoena with some
one in charge Of the office and then went
to the Fifth East hotel and saw his
wife who also gave no information as TO
his Whereabouts. They also left sub
poena with her. He said no one had
been able 10 get track Of him, although
they were Informed he was in town.
IRREGULARLY CHARGED.
This didn't bring the opposing counsel,
Messrs Bird and Brackett. to their feet,
o.. h., hot a ~.
court sitting down. Several speeches
We're made however, in which 1t was
charged the law for the service of sub
poenaes had not been compiled with and
objectng to any continuance
WANTED A CONTINUANCE.
Mr.. Beane maintained they had ex-
ercised due diligence and done all they
could and further stated that other
witnesses who are out OF the jurisdic-
tion Of the state would have to be ex-
amined by deposition and that therefore
short continuance OF the case would
prejudice nobody.
UNTIL 1880 p. NJ.
Register Hobbies decided that the case
stand over until 1880 p. m. to enable the
attorneys for the protestant to file an
affidavit as to their efforts to obtain
service on Evans,
AGAIN CONTINUED.
At 1880 a volumlnous affidavit made
by Eugene Dair, embodying the facts
above set forth was submitted by Mr..
Became. Defendants attorneys objected
to continuance because the rules of
practise had not been followed. They
claimed that a personal service must
be made and stated that the statutes Of
Utah so hold. The register sent for
the statutes, which showed that substi-
tuted service could be made. Defend
ants counsel then maintained that the
statutes did not apply, An hour and
half was consumed In arguing the
proposition. Mr.. Beane In opposition
said he did not know who was conniv-
ing at Mr.. Evans absence. but II he
would appear In court AT any time. they
would at once proceed, He said IL was
In the sound discretion of the presd-
ing officer Oho regster) to grant con-
tinunnce I'm the interests OF Justice.
They had used every diligence possible.
The register In rendering his decision
said It was one OF great Importance to
the government and OF a grave char
acter. He regarded the showing as suf-
hclcnt I'm granting the request and the
continuance was granted 10 Oct 10 at
10 o'clock.
Mr.. Beane asked for another sub
poena for Mr. Evans,
Defendants counsel asked that an ex-
ception be noted.