Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-10-26

D
/ and repeated tO him the conversation
/ that had occurred between myself and
MI Dninny. and he agreed with me
that We would rot sign the stipulation
proposed by M Dininny. but that We
would stipulara that the exhibits might
be treated as part Of the bill. ana
that we had 30 amendment 10 propose
DUMMY SLUMBERED on
Accordingly. that same day wrote
upon the bin my acceptance OF service
and the stipulation set forth in the AZ.
hdavit of Mr. Dinlnny which was In
all respects IN full performance Of my
promise 10 him Thereafter about
June o. ] left salt Lake on business
trip and was gone about two weeks.
81 have no knowledge or informa-
ton az TO the visit of Mr.. Dininny 20
my office during my absence, but the
Dill was Ia ms office during my alb,
sence. with tia said stipulation i'm
dorsed thereon but ] do not recolect
whether i toll my clerk anything
about 10, ana ] am unable 10 obtain
any information from her on this point
now, or as TO- tho visit OF Dininny for
the reason tina. she is no longer a resi-
dent of the city.
shortly after my return TO this
city and early ODD July / met AIR
Dinlnuy In tao joint building at Salt
Lake and told him l had indorsed on
the bin the stipulation as avcrrod i'm
his affidavit. but ] distinctly told him
ana expressly further said TO him that
the stipulation SO indorsed upon the
bill was that we had no amendments
10 propose, and that the exhibits might
be treated as Iart OF the bill.
VOICE FROM SUNDERLAND.
He said: Il see no reason why that
VIII not be satisfactory He then ask
ed me II / thought " Il TO bring the
bill with me TO the Office of the citv
attorney In tho joint building some
time when 1 was coming that way, and
] told him I would be glad 10 do Il il
I thought Of H. but that he had better
call for IL, because the summer vaca>
ton Of the courts was commencinR.
and that ] might not have occasion to
come TO the building very soon or very
often and then hO said. Well. 1 have
plenty of time. and If you think of il.
bring Il and { you don't, ! am passlns
by your onice very often. and / viii
run IA and GET IL ! said. 1t is lyine
on the desk and the girl knows about
u and will hand it 20 you II / am nor
IN This was all of that conversation.
win respect TO the said conVersa-
ton referred TO by said Dininny. which
ne says was had on the street: The
only conversation ] recall Is one we
had on the pathway leading from state
street 10 the joint building some time
during the summer The exact dafc 1
DO not recall. He then said. You
have not got that bill Of exceptions
with you2 ana ] said, No. ] have NOT
recollected 10 BRING 10 with me. ! ann
not going over To The building regular
~ ON saturdays as ! was in the habit
OF during the terms OF court. and Won
would better not depend on me. but
had better call for IT, He said. Well.
] have not thought Of IL either. exccpt
Is ] NnnH A. "a.
cr. / have been passing by your Of
nee several times and have looked up,
and not seeing you. / have not called
foi IT, And then he said. m you hap-
pen 20 think Of H. bring f. with YOU
some day whom you are coming down
and ~ not, ] win make % a point to
oau for 70 ono of these days 90 which
7 said All right" ana We parted I
never "a any time had a conversation
iu which ] said or promised I'M any
manner definitely that I would bring
the bin OF exceptions % the Joint build
ing. excepting only as / have herein
ayerred.
THE AWAKENING.
ION Saturday. oct 49, 1907 Mr. Dminny
came 90 my office and asked for the
horndOn bill, and 1 took Do from my
desk and handed Il 10 him. Re read me J
stipulation ] had Endorsed thereon. and
said be did not think that 90 would De
sufficient as his time had run cut ]
said J could not help that. that ] had
Endorsed on the bill such a stipulation
as / had promised him and such a one
as J had told him was indorscd thereon.
He then stated that 10 was custo-
mary 10 use the other FORM such as he
had attached 10 the bin. and 1 told
him we had thrcshed out thai point
before and that he had yielded 90 ny
Vows on the matter. chat aF matter
would De- the same. Hal thar under
either O. 3uld De- too late 90 have the
bill settled.
TIE THREATS
"Hc then stated that if ] would not
sian thc stipulation be- would realato
hs forever refusing 90 d1 WD amy fl-
SOY or show me amy courtesy. ana
would puhnah soc to th. DIr as an
unfur attorney. Z told hW that I
would not Iiko him 90 feel roseuEefIl
about tho matter ANA Wouid rupuIato
acquired so fnr 1s 7 49,. concerned. 10
Dr. could arrange the matter with Mr.
hnpp1ufiI, Ug HfrlCIi.. Ih.rrupon
A., c.Iad Mr Hopf suih hy telephone
and 2 placed Nr uiruuy boz g'mHum-
cation with hm over thc phone MI
Dunal taas slid io Nr FHnptash
'lusD hfeiHen WON'T flsu sur1lttiou 4
chat Che bi.l of exceptions Boz fa lrrn-
don case may Pc actuod. Tho l days
after the Judgment have orrUI ana ! /
$500 ei.NrI have t1 hnNc Hiipiltipn oI |
g.. rrt FOB inf 1f trouble. ls.nrei- /
cen colo w. ho would bring fas lIl. 7
back 400 me m hc tloIrhi 0. No. uftci /
having an opportunity i1 determine ]
whether hc would nr1uotc amend uynts. 7
or ihai } could can for it Hn1 DO s1 hap- .
pcnnd th1t things camo up. Nuu know I
how mat goes. ana I comp. i"lt inrfol b
GOO about M Wei ihe things iusI .
drtEe.d ullug. you kunH how chose .
things 600. until j loH ulek Of &c.
SLEEPER REspoNslHLE.
n did not hear any NJ DR. Hop
paugh'f replies 90 those Hiatcmcnt1 1ut I
the result Of the conversation seemed /
fn he thut ho could moi roach nn agree /
mcni with an Houpaugl.
The foregoing represents in truth I
ana in fact the fun eKtcnt. both in SUBJ |
stance and form, of the conversations /
ANA transactions thai occurred between /
myself and MI Dininny with reference |