The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-15

Marshall Adams, the complaining wit
ness in the Fyler-McKone adultery case
has again disappeared. The proceedings
in this complicated and mysterious case
commenced at 10 o'clock yesterday in
Justice Harvey's court, when the bri-
berry section of the case was called.
Messrs. Silks. Fraser and Geary. who are
charged with bribing Marshall Adams
and inducing him to go away, were pres
ent with their attorney, Judge Powers.
and County Attorney Whittemore ap-
feared to prosecute.
The county attorney at the outset
said the prosecution was not prepared
to proceed with the bribery cases on &C
count of the absence of an important
witness, who was in Colorado.
Judge Powers insisted that the cases
be proceeded with without further delay.
and lively passage at arms occurred
between the two lawyers, which ended
by the hearing being set for o'clock
AT that hour. the parties were again
on hand, and then the prosecution made
the announcement that Marshall Adams
could not be found, the earth had ap-
parently opened and swallowed him up.
In view of this state of affairs, the
county attorney moved that the cases
be dismissed without prejudice. Judge
Powers for the defendants vigorously
opposed this disposition of the case, ar
guing that the motion for dismissal was
not made in good faith, but for the pur-
pose of delay. The judge insisted that no
showing had been made that the prose
cution had made an effort to get
Adams present. The defendants were
entitled to hearing of the case on its
merits, so that it could be pleaded as
a bar to further proceedings. The motion
was a criticism of the court, and a
threat to begin another action
MIR. WhittemOre contended in reply,
that the defense was inconsistent, be-
cause on the preceding day Judge Pow
ers had served him with a motion for
dismissal. unless it was set down for
hearing at once. The prosecution had
tried to get Adams, but failed. the dis
missal was asked for in good faith, and
he would not revive the case unless he
found additional evidence IF the de-
Tense is willing" said Mr.. Whittemore.
we will continue the hearing till 10
o'clock Wednesday morning, and | will
get Adams here if l can. He left his
ing to go to Fifth South, and he was
to have come to my office, but he didn't
do so, and his wife says she does not
know where he is now
Judge Powers insisted that Adams was
again attempting to evade giving tes-
timony, but after consulting with his
clients consented to the hearing going
over till 10 o'clock this morning, and it
was so ordered.
The main case, the charge of adul-
terry against Fyler and Mrs. McKone,
is also set for 10 o'clock this morning
before Justice Harvey.
Judge Powers objected to change of
venue on the ground that the hearing
being a preliminary one, the justice has
not power to transfer it to any other
court. and if he did, an injunction pre-
venting the justice to whom it was sent
from hearing it would lie. Both sides I'LL
timately agreed that it might. So it went
over till 10 o'clock this morning before
Justice Harvey, and the probability is
1,of mill han he hna rd 11n1a
fresh complications arise, which is by
no means impossible.
PETIT JURORS TO BE SUMMONED.
Judge Hiles yesterday made an order
directed to the sheriff for an open venire
for thirty petit jurors returnab1e on Mon
His honor announced that a call of the
criminal calendar of Salt Lake county
will be commenced at 10 o'clock tomorrow