The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1907-11-29
JURY FAILED TO AGREE
Adams Not Convicted on
Charge Of Numbering Tyler.
ARGUMENTS OF COUNSEL
Defendant is Now Admitted to
$40, 900 Bail.

A hung jury was the result of the
second trial of Steve Adams for the
alleged murder Of Fred Tyler, as 1t
was Ut the frst trial at Wallace last
spring.
The jury was instructed at 1880
o'clock Saturday evening, and after
being out all night and all day Sun
day until $500 in the afternoon. re-
ported their inability to agree on
verdict and were discharged. 1t is
said the twelve men stood four for
conviction and eight for acquittal.
The sensation Of the trial. Thurs
day Of last week, was the introduc-
tion by the state Of copies Of two
letters alleged to have been written
by Steve Adams while In the peni-
tentiary at the time he made his
| alleged confession. The letters were
not used at the former trial, it being
claimed they had been overlooked iu
Warden Whitney's desk until after
the Wallace trial. They were read to
the jury. They were addressed to
i relatives of Adams and their contents
were a practical admission of the con-
fessiOn, rernorse for the sins be had
been led into and hope to be able
to do better in future.
The defense had rested its case at
noon and the state spent the after
noon in the rebuttal during which
the letters were introduced over the
defense's objection. Warden Whit
ney was called and said Adams made
! no objection to signing the confess
ion. George G. Huebener, peniten-
J; tiary clerk. testified to taking down
! number of statements made by Adams
to MCFARLAND. w. p. Hopkins, a
stenographer, was called and swore
that he took down the Tyler confess
ion made by Adams to Mcfarland.
He said Adams had no hesitancy 10
giving the confession.
George Root testified that he could
travel from his cabin, three miles be-
yond Simpkins' cabin, to the st. Joe
river in SIX hours. Deputy Sheriff
Williams Of Shoshone county said he
recently made the distance from
where the Tyler skeleton was found
to the river in less than four hours.
On Friday morning the defense
introduced little testimony in
surrebuttal. VIM. Struthers refuted
the testimony of Williams by saying
that the trail was much easier to
travel now than In 1904.
Mrs. Adams and Warden Whitney
were called to testify regarding letters
written at the penitentiary. This
closed the case for the defense.
The attorneys then consulted and
agreed to consume seven hours oI
each side in argument.
r. e. Mcfarland opened the argu
ment for the state, beginning at 9:30
Friday morning. He outlined th'
tragedy of the Tyler murder. H.
said when Tyler went into the Marble
creek country there was no one OF
Simpkins' claim; when Simpkin
came he did not ask Tyler to get of
Adams came, and with Glover ant
Mason, led Tyler out one mornin
: with rope and shot him down like
dog. Darrow asked: "When do yol
think Tyler was murdered?" McFai
land turned and shouted: II think b
was murdered on the 7th day of Aug
: ust, 1904, and that Mason. Adam
q and Glover all went over the trail t
q Mason's house where they celebrate
the event."
Judge McBee followed with th
opening argument Tor the defens'
He said it had been charged lyle
was killed August 10, 1904, but no
a Mcfarland said it was August
It He doubted II Tyler was dead an
k cited the case OF man who disaI
It peared and returned after his esta'
= had been probated. He reviewed III
|, defense's evidence and vigorous
;. assailed the character OF Detecti,
). MCFARLAND. He also attacked Whit
ney, referring to an insinuation mat
] by Whitney that Mr.. Heitman ont