Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-01-03
THE FYLER CASE.
H,b,as Corpus Proceedings In The
Third District Court.
MRS. rYLuR GIVES TESTIMONY.
MIA, Ella Little Testlils as 10 mrs.
McKone's Charaeier-Cour'
Notes.

habeas corpus prOceeuihss inNVi''"e
the punishmsui Of Marshsl Adams
m, complaining witness in the Fyl.r
case. for contempt Of court, In reiusin,
70 testify against the PARTIES whose sr'
rss, he had brought about for adultery,
c,meup. Attorney q. 3. Varlan de-
fsndei his client, Adams, while Assist
ant U. y. Attorney Richards handled
the reins for the prosecution.
Mr. Variants contention was that
limited States commissiouer had not
the power to punish person for con-
,ompt. aud In support Of his argument
he cited numerous authorities, holding
that cjmmissioner was simply an
nrte.tins. examining and committing
magistrate. He declared that inai-
much az com missloners were officers Of
the Supreme court, that body was the
only tribunal tbst could act on tho
question al bar. at would be 4 mon .
slrous hardship" said he, "upon cltl.
zenp, 10 clotho commissioners with that
mower, NJ In OUT territory, at least, the
major portion Of such ofiicers are un.
learned In the law, anu very few Of
them profess 10 be even prac1ieing
attorneys. II they hal the right 10
punilh Tor contempt they would have
10 get THAT right from the aclo Of Cow
pfss,,O He therefore asked the dli-
onatge Of Mr.. Adams.
Mr.. Richards arose at the conclusion
Of Mf. Varian's elaborate Argument,
toexllain his side Of the case. He
smoke OF the Issuance OF tle warrant VI
commitment, and stated that In case
tlsur.er Of commitment should be- set
an.e, another similar warrant would
immtd atelv issue.
WWo'fe tired OF this monkey business
resorted TO by the prosecution" holly
teioued Mr.. Varian.
"Ths prosecution resents the insult"
said Mr.. Richards, "An1 regards II ~
being entirely uncalled for aud IN.
gsntlemauly Ia tho extreme. THIS
case ma. been proceeded with by toe
prosecution IN = lair and proper maui
nef,aud We have no desire TO act In any
other than the manner prescribed by
IAw.0
Mr.. Richards then went on aud re-
sumed his argument, cOntending that
comm sioner hal the iutiadicti0u to
punish TOT contempt and cited Authorl-
ties 70 support bis prOp)sitios. "Mr.
VariRn Ia classiug most Of the United
States commissioners 10 Utah H un-
learned ia the law,0 said Richards,
land unit to exercise the right "
punish for oontempt, casts a slur at
the Supreme court, which appointed
them, aud SUBSTANTIALLY says,thAt they
dli not discharge their duty properly"
Atthe close OF Mr.. R,chards's pUro-
ration VAriap arose anu explained
that 20 did not wish TO cast nny re-
nectl0n upon Mr.. Richards, whom he
spoke Of "monkey -0usinesH," ~ he had
particular reference to the aotions OF
the commissioner whO had ordered the
witness Adams to be Imprisoned fer
contempt.
At IL O'Clock tho court took the
question under sdvlsolnent until
8p.
AtS o'clock Judge BArtch handed
down his opinion, holding that u com.
missioner had the right TO punllh for
oOntempt-a right which wss granted
10y territorial laws 10 justices Of the
peace.
Il was stated that Mr.. Adams was
alex at present, aud he will likely be
given n chance ~ recover before Com.
missioner Sommer's order is carried
out.
THE HEARING DELAYED
The hAbeas corpus proceedings In
The district court, prevented tue going
on OF the hearing before Commissioned
5Ommer, at 10 o'clock, although at
that time Judge Powers, his clients
and witnesses, were ready anu anxious
10 proceed 10 business at once. The
Judge expressed his indigestion at the
strange actions OF the prosecution, and
hoped the com missiOnsr would
do all In his power, TO compel the pros
touilon 10 Q speedy hearing Of this case,
I'll Mr. Fyler was not n prominent
man." said no, ~ would move for q
dismissal OF tue case, but on account oil
his prominence In business circles and
tue scandal that has been brought Il
bear upon aim, and given to the pub
lie, want to have thorough hearing
lhat tue public may know 10 what OK,
tent these parties are guilty Of th,
Oiienae chaTgsI.n
CommissiOUer 5ommer cOneurTed IL
tue statement made by Judge Powers
~ TO toe peculiar actions OF the prose,
cutting attorneys, ana stated that inas
mnoh a. this was the last day Of hi
onlolal life he would press the cass Il
hhlsh, II he had to discharge beth o.
the Geiendants.
MRS, FYLER TEsTIFIEs.
At noon Mrs. A. Ii. Fyler was sworl
Anu being questioned by Judge Power
stated that she had known Mfs
Mohone since the fret week In Sen
lember at which TINS shs had seer
her In the rooms OF the Mercnntil,
block. Mrs. MoKone was thero fol
lhe purpose OF examining certain fur
niture that had been advertised fol
SAFE. The furniture had been previous
~ used by Mrs. Tyler and husband II
rooms which they had previously Oc
cupled, they having at that tim,
rented house slreaiyl Furnished. Mrs
Mehnne made u payment OF Sg5 lowt
anu was TO pay the remainder S4C
IN lnslallments. lWitness's HUSBAND
was NJ home on the night OF the 2ls
AL night. On Thursday night, the
10Th, Mr'. Fylet went TO the Grand
her husband promising to meet her At
tne close OF the performance. Bh,
missed MIN, however, aad upOa coins
vIeet 10 her home, found her HUSBAND
mere, The witness was present at thu
Manltou bathrooms during the Who'll,
hlghl OF the goth, having gOne thor
iot turkish bath treatment. HeI
there
MlEQ