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and that the injured party make the penalty there by
throwing penalty and responsibility upon the injured
party to the prejudice of the offending party in stead
of taking the responsibility upon the court.. He spake
also upon the jurisdiction of superior courts, the Twelve
and seventies, as representatives of the first Presidency,
and their jurisdiction, that the Twelve has the directing
of the affairs of the Church, agreeable to the Book of
Doctrine & Covenants in all matters of jurisdiction, and
that the High Council being the located Authorities, have
the superior Jurisdictionauthority where there are stakes of Zion,
and concluded his remarks by saying, that as there is
no decision whatever and no penalty fisced by the
Authority of the Quorum of seventies, that this case ought
to be submitted to the High Council,, and begged to be excused
from the Council as he had some important business
to attend to.. His excuse was accepted, and on motion his
request was granted ..
Prest Jas. Allred appointed Wm Snow & James Mc Lealean
Counsellors for the parties..
On motion of Councillor H. W. Miller the papers of the
former trial, was bro't forward, and the written testim-
onies were read by bro. David Candland.. Paper No 2,, the
testimony as taken before the Quorum of seventies at
Carterville,,
and presented to the High Council was read by Bro. David
Candland, and Bro. Edward Mesham was inform
that he could bring forth more testimony if he had
any.. Bro. Abraham Durfee being called said he was
the one that laid for the fence..
J. Kelly's [===] How did you tell me the line run..
Ans. I told you the line run between my garden
and the field..
Bro. E. Meacham said Bro. J. Kelly came to me,
to know what I would do with him, said he was
in my hands and wanted to know what would satisfy
me our feellings were good, I told him I had suffered