1: State your full name to the Notary?
My name is Alma Owen.
2: Now Mr Owen I will ask you if you had anything to do with that temple lot or property as far back as 1867?
No sir.
3: now far back did you have anything to do with it, if at all?
Well as far as to my having any busi-
ness in connection with it I will say that it came into my hands about probably 1878 or 1880 or along there some time.
4: Look at that tax receipt Mr. Owens? (I refer to the tax receipts for the taxes for the year 1866 paid in 1867, heretofore offered in evidence)?
Well what do you want to know about it?
5: Look at that tax receipt Mr. Owens, and state if you have ever seen it before?
Yes sir.
6: Where did you see it?
It was in my possession in connection with other papers that were put into my hands.
7: Who were they put into your hands by?
The church.
8: Well who handed them to you?
If I ain’t much mistaken this receipt along with a lot of other papers were given to me and Mr. Hill down at Gardiner by the widow of Granville Hedrick.
9: They were given to you by the widow of Granville Hedrick?
Yes sir that is my impression.
10: When were they given to you by the widow of Granville Hedrick?
I can’t remember the date. I can’t remember what date it was but it strikes me that it was in 1880 I think. It was in the year 1878 or 1880, some where along about that time.
11: Well do you think it was about 1880?
Yes sir, about that time.
12: Well what did you do with it after you got it?
I took care of it.
13: Is it in your possession now?
Yes sir.
14: I don’t think you understand the question. I asked you if it was in your possession now? Of course you have it in your hangs now, but what I want to know is who has had possession of it lately if you know?
No sir I have not had it lately, they were all turned over to Mr. Hill, it along with some other papers.
15: Let me understand this, you had possession of these papers at one time, and then you turned them over to someone else?
Yes sir.
16: Who did you turn them over to?
To Mr. Hill.
17: Who turned them over?
I did.
18: When?
I think about the time that I got them. I don’t think I ever took this papers home with me. The tax receipt referred to, and offered in evidence heretofore, being the receipt for the taxes of the year 1866, paid in 1867 is marked exhibit “105”.
19: Do you recognize this tax receipt signed by H.H. Williams, Collector of Jackson County, Missouri, which is above that. I refer to the tax receipt as it is placed in this book here (referring to the book in which the tax receipts are pasted)?
Yes sir I think I do.
20: Where did you first see that if you recollect?
I think that was with the papers that I got, and which I turned over to Mr. Hill.
21: That was handed to you at that time?
Yes sir.
22: Along with the other papers?
I think so.
23: Well I will offer this in evidence, and the signature of H.H. Williams as Collector of Jackson Country is admitted. The tax receipt above referred to and identified by the witness is marked exhibit “106”.
24: I will ask you if you ever saw that tax receipt?
Yes sir.
25: I now offer a tax receipt for delinquent taxes for lots 16, 20, and 21 in Woodson and Maxwell’s addition to Independence, Missouri.
for the year 1870, and the receipt is dated November 10th 1871, and signed by James L. Gray, Collector of taxes for Jackson County, Missouri. Have you ever seen that tax receipt before?
Yes sir I have seen that. The tax receipt identified by the witness, and offered in evidence is marked exhibit “107”.
26: You have seen that receipt before?
Yes sir.
27: Where did you see it?
It was in with those papers that were put in my charge belonging to the church.
28: What did you do with it?
I kept it until, – well now I really don’t know that I took that receipt to my house or not. I can’t say to that, however, it was in my possession for a time. I think that I did not take it to my house. I know that it and the other papers were in the charge or possession of Mrs Hedrick at the time that we got the papers from Mrs Hedrick.
29: And you turned them over, you say, to Mr Hill.
Yes sir.
30: I now offer in evidence a tax receipt, marked exhibit “108”, signed by James L Gray, collector by his deputy, purporting to be a receipt for the payment of taxed on lots 16, 20 and 21, in Woodson and Maxwells addition to the city of Independence?
31: Did you ever see that tax receipt before?
I think so.
32: If so, where did you see it?
It was in connection with those papers that were in our charge.
33: At the time you have mentioned with reference to the other receipts?
Yes sir.
34: Did you obtain that receipt at that time?
Yes sir.
35: From whom?
From Mrs Hedrick.
36: What did you do with it?
It was kept with the rest of the papers until turned over to Mr Hill.
37: I now offer a tax receipt for the taxes paid on lots 16, 20 and 21, in Woodson and Maxwell’s addition to the city of Independence, to James L Gray, Collector and ask you if you have the same answer to make to that tax receipt and your knowledge regarding it, that you have made to the other tax receipts I have shown you?
Yes sir. The tax receipt last above referred to is marked exhibit “109”.
38: I now offer tax receipts for the taxes paid on lots 16, 20 and 21 in Woodson and Maxwell’s addition to the city of Independence for the year 1873, marked exhibit “110”, and the same objections and the same admissions are made the reference to this exhibit, it is understood that were made with reference to the others, – and the
same testimony from Mr Owens.
Yes sir.
39: Mr Hill have you, – or do you know anything about the possessions of these tax receipts, which have been testified to here by Mr Owens?
Yes sir, some thing.
40: Well what do you know about them?
Well I know that I have had them in my possession for about ten years.
41: Well how did you obtain them?
From whom did I get them?
42: Yes sir?
Well I get them from Mr Owens.
43: This applies to all the tax receipts that have been presented heretofore?
Yes sir.
44: Well that is all I have to ask you for the present?
45: I now offer a tax receipt for taxes paid on lots 16, 20 and 21 – in Woodson and Maxwell’s addition to Independence, Missouri, signed by N.W. Anderson, collector, dated the 16th day of March 1875, and the signature of the collector is admitted. The tax receipt above referred to ix marked exhibit “III”.
46: Look at that tax receipt, and say if you ever saw it before?
Yes sir, I have seen it before.
47: Where did you see it?
Well I got that tax receipt from the collector myself.
48: Who paid the money for it?
I did.
49: For whom did you pay it?
For the church.
50: For what church?
Well we call it the church of Christ, but by some it is called the “Hedrickite faction” in the Mormon church.
51: The defendant church in this case?
Yes sir.
52: You paid these taxes as represented by this tax receipt for the defendant church?
Yes sir.
53: I now offer in evidence a tax receipt marked exhibit “112”, being the last receipt dated December 2nd 1875, signed by William Anderson, collector of taxes for the year 1875, being the taxes for that year on lots 15-16, 17, 18, 19, 20, 21 and 22 in Woodson and Maxwell’s addition to the city of Independence?
54: Mr Owens did you ever see that tax receipt before marked exhibit “112”?
Yes sir, I think so.
55: Where did you see it first?
I had it in my possession with those papers.
56: Do you have the same testimony to give about that, as about the others?
Yes sir.
Richard Hill,
57: I would ask Mr. Hill if he ever saw that tax receipt before? I refer to the receipt marked as exhibit “112”? It is the one that was just testified to by Mr. Owens?
Yes sir.
58: Where did you see it?
Well sir I have had that in my possession.
59: Where did you obtain it?
From Mr. Owens when he turned over the papers to me.
60: What papers do you refer to?
The papers he mentioned as having had in his possession which he turned over to me.
61: Mr Owen did you ever have
62: Mr. Owen what testimony do you give in reference to that tax receipt marked exhibit “113”?
63: Do you give the same testimony in respect to that that you do in regard to the other proceeding?
Yes sir. Richard Hill,
64: Mr. Hill what do you say to that?
Well I understand all about that, that is I had it in my possession, and I got it in the same way that I did the other papers I have spoken about. Alma Owens,
65: I now offer a tax receipt dated the 21st day of December 1877 marked exhibit “114”, for the taxes for the year 1877, on lots numbered from 15 to 22 in Woodson and Maxwell’s addition to the city of Independence, Missouri, signed Daniel Murphy, Collector?
66: Mr. Owen I will ask you if that is one of the signatures that you recognize?
Yes sir. One of the “signatures”, it is one of the receipts that I had in my possession.
67: Well that is what I mean to say?
Yes sir I had that in my possession.
68: Where did you obtain it?
It was with those papers I think that I got from Mrs. Hedrink.
69: You have seen that tax receipt Mr Owens?
This one here?
70: Yes sir?, – state if you ever saw that before?
Yes sir.
71: Where did you obtain it, if you ever had it in your possession?
I am not right sure that I did not pay that myself. I think I paid that myself, but I am not right sure about it.
72: Look at it and see if you paid it yourself?
Well I can’t be positive about that sir.
73: What is that?
I can’t be positive about that.
74: You cannot be positive as to that?
As to wheth- er I paid it myself, or as to whether it was with the- se papers that I got from Mrs Hedrick. I can’t be right positive as to which it was at this time, but it seems to me that I paid that myself.
75: But you are not positive as to that?
No sir.
76: Do you recognize that Mr Owens?
Yes sir.
77: Well what do you, know about it?
Well I have I looked these receipt all over, so far as they have been paid before I took charge of the business and went to paying them myself, and I generally ordered the receipts when I paid the taxes to be so marked to show that I had paid it myself. Now I don’t say that I always did this, or that I did it up to a certain time, but I did with some of them I know, and it was my intention to have all the receipts for taxes that I paid, show the fact that I had paid them. I don’t know that they will all show that they were paid by me personally in my own individual capacity, or whether they were paid by me as trustee for the church.
78: Mr Hill do you know who paid that receipt marked exhibit “117”?
Yes sir.
79: You know who paid it, – is that what you said?
Yes sir, – it seems as though I should know.
80: Who paid it?
I did.
81: For what purpose did you pay it?
For what pur- pose, – I don’t understand that.?
82: In other words for whom did you pay it?, – did you pay it on your
own behalf or did you pay it for some one else?
I paid it for the church of course.
83: What church?
The church of Christ.
84: Is that the defendant church in this action?
Yes sir.
85: Mr Hill will you please look at that receipt, and state if you recognize it?
Yes sir.
86: What do you know about it?
Well we I know it is the same as the others I had in my possession.
87: Did you pay that?
No sir.
88: Do you know who paid it?
No sir, —I did not see it paid and I only know by the name on the receipt.
89: You only know from the name on the receipt?
Yes sir, —that is all I know about it of my own knowledge, and I suppose that is what you want.
90: Mr Owens will you please look at that receipt, and see if you know who paid it?
Yes sir,I know who paid it that.
91: Well who paid it?
I did.
92: That is one of the receipts for taxes that you paid yourself, personally?
It is.
93: For what purpose, or upon whose behalf did you pay it?
I paid it for the church, —as the agent of the church I paid it on behalf of the church.
94: You paid it for the church that you have testified to here before?
Yes sir, —the Church of Christ.
95: One of the defendants in this action?
Yes sir.
96: Mr Hill do you know who paid that tax receipt marked exhibit “120”?
Yes sir.
97: Well who paid it?
Well I paid that tax myself, and got that receipt.
98: And you paid it on behalf of the defendant church?
Yes sir.
99: Mr Owen will you look at that tax receipt, marked exhibit “121”, and state what you know about it?
Yes sir I have seen it before.
100: Who paid that?
I did.
101: For what purpose?
For the church.
102: Well I offer it in evidence.
103: You say you paid that for the church as its agent?
Yes sir, agent or trustee.
104: Mr Owen, look at that receipt and state if you ever saw it before.
I did.
105: If you know who paid it, may you state the fact?
Yes sir, I know who paid it. I paid it myself.
106: For what purpose did you pay it?
For the church.
107: For what church?
For the Church of Christ.
108: For the defendent church in this action?
Yes, sir.
109: Now Mr. Owen, who paid that?
I did.
110: Did you say you paid it?
I did. Yes sir, it was paid by me.
111: For what purpose?
For the same purpose as I have before stated.
112: You paid it on behalf of the defendant church?
Yes sir.
113: Mr. Owens, will you please look at that receipt and state if you know who paid it?
I paid it.
114: For what purpose did you pay it?
For the same purpose.
115: For the church?
Yes sir, for the church.
116: For the defendant church?
Yes sir, for the same church that I have already stated.
117: Mr. Owens, will you please look at that receipt and state if you know who paid it?
Yes sir, that is another one that I paid.
118: You may state for what purpose you paid it?
Yes sir, for the same purpose.
119: Well state what the purpose was?
For the church.
120: For the defendant church in this case?
Yes sir.
121: Now Mr Owens look at the receipt marked exhibit “126”, and say if you know that?
Yes sir.
122: You recognize it?
I do.
123: Now look at the one marked exhibit “127”, and state what you know about that?
Yes sir I know that also.
124: Do you also know the one marked exhibit “128”?
Yes sir.
125: How is it with reference to the one marked exhibit “129”? Do you know that also?
I do.
126: Do you also know the one marked “130”?
Yes sir.
127: And the one marked “131”, do you know that?
Yes sir.
128: And the one marked exhibit “132” do you know that?
I do.
129: You recognize all of these receipts?
Yes sir.
130: Who paid them?
I did.
131: For what purpose?
For the church.
132: You paid them yourself?
I did.
133: And you paid them for the church you say, and by that you mean the church which is is the defendant, or one of the defendants in this suit?
Yes sir. When I say the church, I mean the Church of Christ which is one of the defendants in this suit as I understand it.
134: Well sir I guess I am through with you. Wait though until these gentlemen have an opportunity to cross examiney yuo if they see fit. In the mean time I will proceed with Mr Hill?
135: I now offer a receipt signed by Frank Wyatt, collector of taxes dated the 14th day of November 1887, marked exhibit “133”, – also the tax receipt marked exhibit “134”, signed as above, and dated the 5th day of November 1888, – also the tax receipt marked exhibit “135”, dated the 3rd day of December 1889, signed as above, – also exhibit “136” there being no date of payment on it, bit it is for the taxes for 1889 signed John M. Davis, city collector, – also the one marked exhibit “137”, on lots 15 and 16 in Woodson and Maxwell’s addition, signed Frank C. Wyatt, collector, dated the 30th December 1890, – also the receipt marked exhibit “138”, signed Walter Rider, city
119: Well state what the purpose was?
For the church.
120: For the defendant church in this case?
Yes sir.
121: Now Mr Owens look at the receipt marked exhibit “126”, and say if you know that?
Yes sir.
122: You recognize it?
I do.
123: Now look at the one marked exhibit “127”, and state what you know about that?
Yes sir I know that also.
124: Do you also know the one marked exhibit “128”?
Yes sir
125: How is it with reference to the one marked exhibit “129”? Do you know that also?
I do
126: Do you also know the one marked “130”?
Yes sir.
127: And the one marked “131”, do you know that?
Yes sir.
128: And the one marked exhibit “132” do you know that?
I do.
129: You recognize all of these receipts?
Yes sir.
130: Who paid them?
I did.
131: For what purpose?
For the church.
132: You paid them yourself?
Y I did.
133: And you paid them for the church you say, and by that you mean the church which is is the defendant, or one of the defendants in this suit?
Yes sir. When I say the church, I mean the Church of Christ which is one of the defendants in this suit as I understand it.
134: Well sir I guess I am through with you. Wait thought until these gentlemen have an opportunity to cross examiney yuo if they see fit. In the mean time I will proceed with Mr Hill?
135: I now offer a receipt signed by Frank Wyatt, collector of taxes dated the 14th day of November 1887, marked exhibit “133, – also the tax receipt marked exhibit “134”, signed as above, and dated the 5th day of November 1888, – also the tax receipt marked exhibit “135”, dated the 3rd day of December 1889, signed as above, – also exhibit “136” there being no date of payment on it, bit it is for the taxes for 1889 signed John M. Davis, city collector, – also the one marked exhibit “137”, on lots 15 and 16 in Woodson and Maxwell addition, signed Frank C. Wyatt, collector, dated the 30th December 1890, – also the receipt marked exhibit “138”, signed Walter Rider, city
collector, dated the 31st if December 1890 on lots 15 and 16, Woodson and Maxwell’s addition, marked it number “139”, – also a tax receipt dated December 18th 1891, – also a tax receipt dated December 18th, 1891, signed E.R. Hayes, collector on lots 15 and 18 Woodson and Maxwell’s addition, marked exhibit “140”, – also a tax receipt dated the 18th day of December 1891 on lots 15 to 22 inclusive in Woodson and Maxwell’s addition, marked exhibit “141”, – also a tax receipt marked exhibit “142” dated the 18th day – of Decembe3r 1891, signed E.W. Hayes, collector, on lots 16, 17, 19, 20, 21 and 22 Woodson and Maxwell’s addition. Now then Mr Hill I will ask you whether or not these tax receipts were all paid by you?
Yes sir.
136: They were paid by you?
Yes sir.
137: For what purpose?
For the church.
138: For what church?
The church of Christ.
139: The church that is one of the defendants in this case?
Yes sir.
140: That is the church which you as trustee represent?
Yes sir.
141: Mr Owen in what capacity did you give attention to the lots of ground in controversy in this case, and about which you have been testifying as having paid a part of the taxes thereon?
I was made the clerk for the church, and the agent for the church.
142: You were made agent for it?
Yes sir.
143: That is for the church?
Yes sir.
144: Did you give any other attention to the affairs of the church other than the payment of the taxes as evidenced by these tax receipts, which you have testified you paid?
Yes sir.
145: Well what was it?
Well I was one of the committee that had charge of the improving of these lots, – of this temple property, – and of taking care of it.
146: Fencing it you say?
Yes sir, I assisted in fencing it and looking after it generally.
147: That is your recollection with reference to the time that was done?
With reference to that time it was fenced?
148: Yes sir?
Well I don’t know that I can state it positively but I might if I had access to some receipts that were given, or something of that kind.
149: Will you please look at that paper, and see if that refreshes your memory any?
Well this you might say was made by myself, for I paid the money
myself that is represented by this.
150: Who is that from?
It is for money made to Mr H.P. Hall.
151: Do you recognize that?
Yes sir.
152: What is it?
It is a receipt.
153: A receipt for what purpose?
It is for money paid to Mr Williams for work done.
154: Work done where?
Work done on the temple lot?
155: Well now after reading that receipt you may state if you know anything about when that work was done?
Well this is so written that I really can’t make it out. It seems to be ’82 don’t it? I really can’t tell you what that date is, – but it seems to be 1882 or ’92.
156: Can’t you make out the date?
I cannot.
157: Do you knw whose signature that is to that paper?
H.P. Hall’s.
158: Well do you know that is his signature?
I only know it from the fact that I paid him the money, and he handed me the receipt. I cannot say that I saw him write the receipt.
159: That is the way you know it?
Yes sir.
160: You handed him the money, and in return he gave you that receipt?
Yes sir.
161: And he handed it to you with that name to it?
Yes sir.
162: Did you ever see the paper I now hand you?
Yes sir.
163: What is that?
That is the receipt of G.M. Nichols for the wire that is around the temple lot. That is the receipt for the wire that was around the temple lot I think. Yes sir, that is what it is. It is for the wire, locks, hinges and other things and material that they furnished in fencing of the temple lot.
164: Whose signature is it that is affixed to that?
G.M. Nichols.
165: What date is it that is affixed to it?
166: Does that indicate to you anything with reference to the date of the transaction we are referring to here?
Yes sir.
167: Well what does it indicate to you?
September 20th 1882. That is the date.
168: Well what does it in dictate?
Well it indicates that that was about the date that I paid this money to-him. That is what it indicates to me. I suppose that is the exact date that I paid the money to him, – I don’t know anything to the contrary, and I t would not be likely that it would be any other day.
169: I will offer that in evidence also.
170: Now that you have your mind refreshed by these receipts, can you state about what time you had that work done?
On the temple lot?
171: Yes sir.
Well it was during the summer of 1882.
172: Describe the work that you had done?
The work was fencing the lot with posts and wire, and planting out some trees on it.
174: Upon what ground was that done?
Upon what was known as the temple lot or ground. It was the same ground that has been so often described here.
175: You refer to the lots or ground in controversy here?
Yes sir.
176: For whom did you do that work and pay out that money?
For the church as I have before mentioned.
177: For the defendant church in this case?
Yes sir.
178: Where did you get that money?
From the church. Well there was a fund in my hands at the time belonging to the church I think.
179: Where did that money come from?
Well it came from different sources I think, mainly from contributions of members. It was contributed at different times, and in different amounts at various times to defray the expenses of the church.
180: Where did the money come from with which you paid these tax receipts, usually or generally?
Well from contributions usually. At that time there was a fund in my hands that came from William Eaton that belonged to the church, and it was turned over to me as the agent of the church to pay these expenses with.
181: What was the amount of that fund, and how was it expended?
Well now I don’t remember just exactly the amount, or how it was all applied, but it was applied in building sidewalks, and fencing and otherwise improving the lot there together with other money that was put into my hands for that purpose.
182: The money that you used for paying the taxes, what money was that?
It was the same money, the money that was appropriated for paying the taxes, was the same fund that was used for these other expenses. It was all used for paying the current general expenses of the church whatever they were, and this was one of the items of expenses that was to be paid out of the fund. I think perhaps that some of the first tax receipts that I paid were paid with my own money, but the church accounted to me for it afterwards.
183: You paid at first some of your own money, for which the church afterwards accounted to you?
Yes sir, that I think was at the first. I just paid out my own money, and took receipts for it, and then when I would render my account to the church they would recompense me for it.
184: You mean they would repay you?
Yes sir, that is what I mean.
185: Was any of this money paid in the interest of, or for the benefit of any other church association other than that which made these improvements around these lots?
Not by me or with my consent.
186: Well then was it, or was it not, paid in the interest of the branch of the Church of Christ at Independence Missouri?
Yes sir it was.
187: That is all? Cross examination by P.P. Kelley, –
188: You say Mr Owens that you paid these taxes in the interest of the church of Christ?
Yes sir.
189: Well did you pay them, all of them, in the interest of and for the church of Christ?
Yes sir.
190: Is that the defendant church in this case?
I so understand it to be.
191: Well now can you state when that church was organized?
I think I can.
192: Well when was it organized?
Well my understanding is that it was organized on the 6th day of April 1830.
193: At what place?
Well I cannot say for I do not pretend to be very well acquainted with all the facts connected with its organization further than they are recorded in history.
194: Well do you know what state it was organized in?
Well I understand that it was New York or Pennsylvania, – New York I believe was the first place where it was first organized.
195: By whom was it organized, – that is by what men, if you know?
By Joseph Smith, – he was the founder of the church and with him I understand were associated Oliver Cowdery and otgers.
196: You do not know the names of the men who were associated with him?
Well I understand there was five or six of them. They claimed to have perfected the organization, of the church, – that is the original organization as I understand it from history.
197: It is the same church then that is referred to in the deed from John H. Hedrick to Granville Hedrick?
I expect so.
198: Well was it the church of Christ of Latter Day Saints?
How?
199: Was it the same church, or is it the same church that is referred to in the deed of John H. Hedrick to Granville Hedrick as the “Church of Christ of Latter Day Saints?”
Yes sir.
200: And the same church that you spoke of in your testimony in chief as being the “Hedrickite faction of the Mormon church”?
Yes sir. That is what people sometimes call it, but we call it the “Church of Christ”.
201: And it is the same church whom in 1830, or between 1830 and 1833, – moved its headquarters from Kirtland, Ohio to Independence, Missouri?
Yes sir, we think so.
202: Well is it the same church, as the church that in 1830 or between that and 1833 moved its headquarters from Kirtland, Ohio to Independence, Missouri?
Well we calculate it to be the same. We calculate it to be the same organization.
203: And the same organization that afterwards went from Independence, Missouri, because of the persecution to which it was subjected up into Caldwell, County, Missouri?
Yes sir.
204: And who were afterwards driven from Nauvoo, – from Caldwell County, Missouri to Hancock County, Illinois?
Yes sir.
205: It is the same church?
Yes sir, that is about the way I figure it up.
206: That is the way you figure it out?
Yes sir.
207: Well, what do you figure out?
That it is the same church.
208: Do you know wheter, do you know about the time that Granville Hedrick united with the church that was formed in 1832 (???) first?
What is that?
209: I asked you or intended to ask you, if you knew of your own knowledge about the time that Granville Hedrick first united with the church that was organized in 1832?
No sir.
210: You do not know of your own knowledge when he united with that church?
No sir.
211: Well do you know from anything he told you, either by way of conversation, o her wise, that is conversation with him?
Well I always understood him to be. I understood him to be so.
212: You understood him to be so?
Yes sir.
213: To be so what?
To be a member of the original church, I never understood him to be anything else but a member of the original church always up to the time of his death.
214: He was the party who claimed to be the first President of this church here, what is known as the Hedrickite faction of the church?
Yes sir.
215: And he was the trustee also of that faction?
Yes sir.
216: For this property here?
Yes sir.
217: Was this Mrs Hedrick that you testified about here this forenoon his wife?
Yes sir.
218: She is his widow now?
Yes sir.
219: And you obtained all these tax receipts and papers that you have been testifying about here, from the widow of Granville Hedrick?
No sir.
220: You did not?
No sir, not all of them.
221: Did you not so testify on your direct examination?
No sir.
223: What did you say in that regard?
I said I got some of them along with some other papers and documents from her, but I didn’t say I got all of them.
224: Well then I will qualify that question and ask you if you got such tax receipts as you had from her, excepting what you paid yourself since the death of Hedrick perhaps?
Yes sir, but I don’t know that I got all of them. I can’t say as to that but I can state that I got such as I stated from her.
225: Were you alone at the time that you got these papers?
No sir. Mr Hill and I were together at the time I got the papers.
226: When was the faction of the original church, as you call it, the Hedrickite church or fation, when was it organized as a faction?
I don’t know that it was ever organized as a faction. I rather incline to the to the opinion that it was not, for I know that I always understood it to be a perpetuation of the original church, as it was organized in 1830. That is the way I always understood it to be, the perpetuation or sucession of the original church that was organized in 1830.
227: Now when did it have its organizations as contra-distinguished from the other factions?
I don’t understand what you mean?
228: What I mean is when was it organized with reference to the faction led by Brigham Young, or the faction led by Strang, or the faction led by Gladden Bishop?
I don’t know sir.
229: Was it not after the year 1860?
After 1860?
230: Yes sir?
I don’t know what you mean by “organized” I will give you my knowledge of the history of it if you like.
231: Well I will tell you what I am trying to get at Mr Owens. This is what I am trying to get at, Mr Owens. This is what I am trying to get at, – You recognize do you not that there was a disorganization of the church that was organized in 1830 along about 1844?
Yes sir I do now.
232: You understand that there was a disorganization of that organization effected on the 6th day of April 1830 about 1844?
Yes when you call my attention I do remember hearing that there was such a thing, and that the church split or was cut up into different factions, and adopted different doctrines in this and that regard. I head and have read that such was the fact.
233: I called your attention Mr Owens to that date simply to fix the date in your mind that is all?
Well I remember hearing that that is the fact.
234: Now with reference to the time of the disorganization, with reference to the time of the death of Joseph Smith, – when was it after the death of Joseph Smith that the faction of the church that is known as the “Hedrickite faction” was organized with officers of any kind?
235: Just state what you know Mr Owens, and nothing else?
236: That is right. I don’t want Mr Owens or any body else to state anything only what they know. That is all I want and all I expect from Mr Owens, and if I wanted anything else I think I have the wrong man on the witness stand to get it from?
Well I don’t know anything about that. I don’t know that there was ever an organization such as you speak of effected at any time. Understand that at that time I was not a member of the church, for I joined it in 1864, but I was some what acquainted with the history of the church before that time from what I heard from people who were acquainted with the church before that time, – who had belonged to the church in other places.
237: You did not join the church proper to 1864?
No sir, but my father was a member of the church before that time, – he was a member of the church for years before I was born I suppose. Now I have been trying to get at the answer that I believed you wanted, and I will state further that in 1855 my father and Granville Hedrick and some other men that I have been acquainted with since began to associate themselves together in prayer meetings and in other ways, and they looked over these things, and offered among themselves to others whom they met, their objections to the way different men who claimed to be the head of the church, were trying to build up the cause.
238: Well was that the organization you referred to?
Well now can you call that an organization or what you please. I don’t know what you would call that, –
239: Do you know anything prior to that time that ocurred, more definitely than that?
No sir I don’t know of anything more definite
than that that occured prior to that, and I can’t say that I know that absolutely of my own knowledge, but that is the way I understood the matter took form.
240: That was the first you know about it?
Yes sir, that was the first, and I will say that I don’t know of anything that took place at an earlier date than that, or at a more recent date either, – that was the first and the last I know of it.
241: Now who belonged to the church when you joined it in 1864?
Well there was several.
242: Well who were they?
I could name several but I could not name them all.
243: Well give me the names of the ones who were known as the leading men in the body?
Well there was my father. I think he could perhaps be called one of the leading men in the church for he was an elder, and there was Hedrick, and there was Mr Charles Reynolds, and there was William Eaton, –
244: Is that all you can mention?
No sir, I think not. I think I can name others. There was William Eaton, and let me see, – there was Haldeman, – A.C. Haldeman, and I think John T. Clarke here, and perhaps others. There was perhaps some others whom I have not mentioned for I cannot remember all of them.
245: These were the leading men in the church at the time you joined it?
Yes sir these were the names of some of them, – I can’t remember all of their names, but the names I have given you were some of them.
246: Was your father names William Owens?
No sir, it was Jedidiah Owens.
247: Was he the party that went with Granville Hedrick up into Wisconsin about 1857 to attend the Conference.
I don’t know, – what conference?
248: A conference of the reorganized church?
I don’t know.
249: You do not know whether your father went up there or not at that time?
No sir, – I don’t know anything about that at all. He may have done so for all that I know to the contrary.
250: What relation was William Owens to you?
I don’t know of any William Owens to my knowledge. There was no William Owens within my acquaintance that ever belonged to the church, or whoever belonged to my family, – related in any way that I know of.
251: Well then I understand you to say that these other parties whom you have named were members of the church at the time you joined it in 1864?
Yes sir.
252: Where was that?
That I joined the church?
253: Yes sir?
It was in Livingstone county.
254: Illinois?
Yes sir.
255: Is that the county that Bloomington is in?
No sir, Bloomington is in McClane County. I lived however in McClane county at one time.
256: Who was the trustee of the church at the time you joined it?
I do not know that there was any.
257: Well what is your best impression on about that?
I don’t think there was any at that time.
258: You do not think there was any?
No sir, not by any official action of the church.
259: Who was the President of the church at the time you joined it, if any body?
I recognized Granville Hedrick as the President.
260: Was he recognized as the President of the church in 1864?
Yes sir.
261: When was he elected?
How is that?
262: How and when was he elected?
I don’t know. I cannot tell you anything about that, only from what I have heard.
263: Are you the Secretary now, of what is known as the Church of Christ here at Independence?
No sir.
264: Did you ever have any of the records of that organization in your hands as its secretary?
Yes sir.
265: You have?
Yes sir, I have kept the minutes.
266: Can you state from your knowledge of these records that you refer to as being at one time in your possession, when he was elected President?
Granville Hedrick?
267: Yes sir, – when Granville Hedrick was elected President?
No sir.
268: About what time I mean, for I don’t suppose you would get it within six months Mr Owens, but I want to know about the year?
I can’t tell the time definitely.
269: Well your best judgement is what I want about that?
I can only state about it from what I have heard. I don’t know for I was not at the meeting at which he was made President, and so as a matter of course I cannot tell.
270: What is that you said?
I said I did not know, for at the time he was made President I was not at the meeting.
271: Well do you know about what time it was, – about what year, – if you know you may state it?
Well it was some time prior to 1864 I can’t say how long but it was some time prior to that date.
272: Well was it prior to 1860?
I could not say.
273: Well what is your best recollection as to that?
I don’t know.
274: Do you know who ordained him as President of the Church?
No sir. I was not present, and I don’t know a thing about it.
275: Are you a member of what is known as the “Hedrickite branch”? of the church?
Yes sir.
276: You are a member of that branch?
Yes sir, I expect so. I do not know anything to the contrary.
277: And for a number of years you have been a member of that church?
Yes sir.
278: When I said “church” I meant the church that is made one of the defendants in this suit?
Yes sir, I understand.
279: And you are one of he parties defendant in this suit are you?
Yes sir. Yes sir I understand that I am so far as my interest in the title to this ground in question is concerned.
280: Are you a member of this branch here at Independence?
Yes sir I think that my boundaries would be located within the limits of this branch, but according to the strict construction of the matter I might be located inside the limits of this boundary, – that is the boundaries of this branch.
281: Then there is a limit in the boundary outside of which a person cannot be a member of a branch, if they are located beyond a certain distance?
Yes sir, – so understand it.
282: And if you are a member of this branch, you are so by reason of a special rule made by this church here at Independence?
Yes sir. 283 (Mistakenly listed as 293)
282: The rule limtis the membership to person who live within a radius of three or five miles does it not?
I don’t know exactly what it is now but it was ten miles originally.
285: Is not the radius now five miles?
I could not say.
286: You do not know what it is now?
No sir, not positively.
287: For how many years were you acting as the trustee for the Hedrickite faction here?
I don’t know. I don’t know that I ever was a trustee.
288: Well as the agent then?
Well I was the agent and clerk for several years.
289: For how many years?
Well for several, – I don’t know how many years. I don’t know just how many it was.
290: Who was the trustee when you were the agent, – if you had one?
I don’t think, – Granville Hedrick, David Judy and Richard Hill were all of them at one time and another recognized as he Presiding authority. If I am not mistaken at various times they were all recognized as the presiding authority during the time that I was acting as agent.
291: Well you have what is known as a “trustee in trust” for your property, and you did not all hold that office at one time did you?
No sir, it was at different times.
292: You mean that you have been agent under all of them?
Yes sir. That is the way I understand it.
293: Under all of these whose names you have mentioned you have acted as the agent?
Yes sir, I think so, – either agent or clerk or both.
294: And your action as agent or clerk or both, has been on the understanding or theory held by Hedrick during his life time, and Judy and Richard Hill was that: it was the legal succession of the church that was organized in 1830?
I do not understand that question, – ?
295: I asked you if it is not a fact that your administration under these gentlemen whose names I have mentioned was not performed on the theory that you were acting or an organization which was the succession to the original church that was organized in 1830?
Well yes sir. It was designated to maintain that organization, – that is it was intended to maintain a working organization.
296: Is there a branch of the church organized in the neighbourhood of where you reside Mr Owens?
No sir.
297: How many members are there there besides yourself?
In this branch do you mean?
298: No sir, – down in that neighbourhood where you live?
Do you mean how many members there is in all belonging to the church? I don’t know as I understand your question?
299: No, no, I mean how many of the members of the church to which you consider you belong, live in the neighbourhood where you live?
I don’t know of any other, – not in my immediate neighbourhood.
300: Then if you do not belong to this branch here in Independence, you do not belong to any particular branch?
No sir.
301: You are known as what is called a “scattered member”.
Yes sir I expect so.
302: That is a member not belonging to any branch?
Yes sir. Looking at it that way I have, but I have always considered myself, considered my church priveledges as belonging to the Independence branch. There has never been any odher branch organized here or in this vicinity to which I could belong.
303: Well in church meetings you would not have the right to vote the same as members would, would you?
Perhaps not under a strict construction of the law, that is not pertaining to local matters, – pertaining to local interests.
304: You would not have the right to do that so far as local interests or matters are concerned?
No sir, I would not consider that I had if a strict construction was placed on the rule.
305: That would be because of the rule that has been established by the church here?
Yes sir.
306: You have not that right now?
No sir.
307: You formerly had that right?
Yes sir.
308: That is all I believe, – ?
309: Mr Owens did any of the money that you paid out for any of these matters for this local branch of the church here, which you re presented, ever come from the re-organized church of Jesus Christ of Latter Day Saints?
Not that I know of. If any of it did I have no knowledge of it.
310: Did they ever offer to give you any money for any purpose here?
No sir.
311: They never did?
No sir, not that I know of.
312: Did you ever represent them in anything that you did here?
No sir?
313: Well that is all?
314: Now in your direct examination you answered that a pat of this money was paid by William Eaton did you not?
I do now know what you mean?
315: You answered that there was a fund raised, and that William Eaton contributed to – the fund did you not?
There was a fund I said that came into my hands from him, but the funds that came into my hands that way were funds that the church, – funds that belonged to the church that were in his hands, and it came into my hands from his estate.
316: Well William Eaton contributed to the fund that was raised for the paying of the expenses of the church did he not?
Yes sir I believe so.
317: His wife was a member of the re-organized church of Jesus Christ, the plaintiff in this suit, at that time, wasn’t she?
Yes sir I think she was.
318: And she contributed too, didn’t she?
Never that I knew anything of.
319: You say that she did not contribute anything that you know of?
Yes sir.
320: Well do you say that she did not contribute anything to that fund?
No sir, I say that she did not do so that I know anything of.
321: Don’t some of these tax receipts show that the money was paid to you as trustee?
Yes sir I think there is one in there that reads that way.
322: Well how do you explain that, – what do you say to that?
I think there is one in there that shows that, but that is a mistake of the clerk, for I went in and asked the clerk to make out a receipt for it and he made the mistake. I paid the taxes in connection with my other taxes, – I told him to bring the while thing in together, and he mentioned me in it as trustee.
323: Is there any more than that?
There is only the one I think but as I say it is a mistake of the clerk who wrote it.
324: I noticed here Mr Owens that in exhibit “126”, and in exhibit “127”, “128”, “129” and “130”, and one receipt that is not marked as an exhibit at all, being dated the 19th day of December 1885, all purport to be paid by you as trustee?
Yes sir I believe that is so, but that is just a form they adopted in the collectors office, for I do not think I was ever made a trustee by any action of the church. If I ever was I have no recollection of it, and that is merely a form that they adopted in making out their receipts I was under the impression that there was only one of them, but I see there is more than one made out that way.
325: And also there is exhibit “131”, paid in November 1887?
Well I do remember having mentioned that to him, but the collector sometimes. I remember mentioned that to the collector sometimes and telling him that that was not correct, but they said it did not make any different, that it was merely intended to show that I paid them for the church.
326: What is it they said?
They said that it merely showed that the taxes were paid by me as the one having charge of the matter of the payment of the taxes. They started in that way and I suppose they just kept it up that way.
327: Then these receipts that recite that the taxes were paid by you as trustee, – these receipts that I have called off to you by their numbers as exhibits, – that recite that the payments were made by you as trustee are not correct?
No sir not in that particular, and I never authorized any one to put them that way.
328: They are not correct in so far as the word “trustee” is concerned?
No sir. That is the way I understand it, that it is simply an error of the clerk who wrote out the receipts is concerned, – that is all there is to that.
329: You were not the trustee but you were the agent?
Yes sir, I was merely the agent or clerk of the church, and was charged with the duty of performing this work, and the receipts were made to show that I paid the money on behalf of the church, and not in my individual capacity. It was merely designated to show the relation I bore to the church, – not as the trustee, however, but as the agent or clerk.
330: Now when did Granville Hedrick die?
331: When did Granville Hedrick die?
I do not remember the date of his death.
332: Well if you do not remember the exact date give us about the time as near as you can when he died Mr. Owens?
Well I think it was in ’81. I have no date to go by, but I think it was then, if I am not greatly mistaken.
333: It was after his death that any of these papers came into your hands, either as agent, clerk, trustee or otherwise?
No sir, that is not what I said.
334: Well what do you say about it now?
Well I was the clerk, and had charge of some of these papers that I spoke of before his death, and I think that I even paid some of these taxes before his death. I think I paid the taxes at different time before his death.
335: I mean with reference to the papers that you received from Mrs Hedrick?
Well I refer to the deeds and the tax receipts that we had on the first purchase of the property there.
336: What deeds do you refer to?
The deeds that John Hedrick got for that property, and the deeds that he executed to Granville Hedrick, and the deed that Granville Hedrick executed to the church.
337: They were in the possession of Mrs Hedrick, the widow of Granville Hedrick?
Yes sir.
338: And that is what she delivered to you at that time?
Yes sir along with some tax receipts that had been paid for the property before that.
339: They wee delivered to you after he died?
Yes sir.
340: The deeds and certain of these tax receipts?
Yes sir, – the tax receipts that he and his brother John took up themselves.
341: Then it was after Granville Hedrick’s death, that you got whatever papers you did get from Mrs Hedrick.
Yes sir.
342: Well that is all?
343: Was William Eaton a member of the Re-organized Church of Jesus Christ of Latter Day Saints?
No sir.
344: What church was he a member of?
He was a member of the Church of Christ to which I belonged at the time, and still belong, as I understand it.
345: And of the branch here at Independence?
Yes sir.
346: Do you know that personally Mr Owens?
Yes sir. I was intimately acquainted and associated with Mr Eaton and knew a great deal about his business, and am still so far as that goes, and I know I always understood it so.
347: Understood what?
That he was a member of the Church of Christ.