[first pass]                          127
[Pottawattamie HC Conf Min LR 1764 21                             /      1764 21 folder 1 Pottawattamie HC Lr 1764 21 fd 1 July 46-Feb 51 /   LR 1764 21 1846 July-1851 February_Page_137]
The parties both present and declared them
selves ready for trial, Mr. Molholand objecting
to Elder Hyde's speaking before the witnesses
were heard.. Some remarks on this point from
Pres. Allred also from Mr. Molholand and Elder
Hyde, followed by Councillor Geo. W. Harris who
moved that Elder Hyde log the case before
the council,, showing why he thus calls upon
Mr. Molholand,, Jos. Kelting also kept minutes.
    Elder Hyde called upon Esq. Merritt to know
whether a charge of this kind could be termed
slander.. Esq Merritt said so for a charge
is preferred before a Council or church author-
ities against some of its members it
was not actionable as a charge of slander..
   Pres. James Allred said we wanted the
witnesses to give plain statements of facts..
    The defendant plead not guilty..
   The council decided that one be suffient to
speak on a side..
Councillor Silas Richards was  was speaker for the plantif..
Councillor Moses Clawson was speaker for
the defendant..
    President Orson Hyde opened the case by
stating that some time about the 20^th of
last October his mind became satisfied that
then was something not right at the Ferry and
he began to make inquiry, when he because more
and more satisfied that there was a wrong there,
and by inquiry he learned some facts,, said
Mr. Molholand did admit to him that there
was a press,, that  the intent was not to put it                 into circulation here, but it was  to send it
away to St. Louis,, that one piece, and but one
had been comed, and was sent away for a
sample which if it answered the purpose they