Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-02
ADAMS LAWYERS
WIN SHARP FIGHT.
Petition OF State to Recall Mrs.
Arthur Phillips is 0verruIed
BY Judge Woods.
MEANS MUCH FOR ACCUSED.


Wallace Ida. March 1.-The sharp
est fight that has yet occurred in the
long trial OF Steve Adams for the mur-
der Of Fred Tyler ended this morning
in notable victory for the defense,
when Judge Woods announced that he
would override the petition Of the state
for permission to recall Mrs Arthur
Phillips and reopen the cnse for the
prosecution.
The testimony to be given by Mrs.
Phillips was regarded as vital Tor tho
case for the state. it having been dis
covered that the date on which she
heard the shots that Killed Tyler was
Sunday, Aug. Z. not Wednesday. Aug.
~, as assumed all along by the state.
The defense, It is conceded. has been
able to establish strong alibi for
Adams on Wednesday. Aug, 10, but has
left unguarded the morning of Aug. I.
on which date Mrs. Philips now claims
The shooting occurred.
The states new theory Is that It
would have been easy for Adams, after
The shooting early in the morning. to
travel to Mason's cabin in time to take
part in the birthday dinner, at which
his presence is so wen attested. All
this new evidence the defense Is now
able to exclude.
While it is believed here that this
startling change IN the aspect of the
trial renders Adams conviction of the
murder of Tylel decidedly Improbable
Ii Is not believed he has any chance OF
regainlng his liberty at the present
time. He Is badly wanted by the
state as one of its most important wit
nesses in the approaching trial OF
Meyer Haywood and Pettibone Off
GERS of the Western Federation of MINI
crs, for the assassination Of ex-Gov.
Steunenherg
AT least three courses are open TO the
state. II can hold Adams for trial for
the murder OF settler Boule, which
crime he confessed To Detective Me-
Parand; or can hold him for completely
In the Steunenherg murder, also mem
toned in his confession, or may send
him to Colorado to be tried for taking
part IN the blowing up Of the depot at
Independence. where several nom
union miners killed.
The principal witness for the state
In rebuttal this morning were: w. b.
Chandler and Miss Mamie Sherer of
s9lohuile, WHO ltstlltfQ 20 HaNlnB met
Jack Simpkns IN the ST, doe country
Aug. "a, 1904 Chandler identified a
photograph OF Simpkins and gave de-
scrlption OF the appearance of the
man.
Stenographer Hubener who took
Adams confession. and Warden Whit
ney. Of the penilentary, We're called
by the state and testified that Adams
said II do not want my wife to suf-
fer for my crime.
The last witness for the state rebuff
tai was George FL Root OF Wallace.
He testified to meeting of Simpkms
and Adams al Il meeting OF settlers in
the Marble Creek country about the
LIST of August. 1904, when the matter of
claim Jumping was discussed. The de-
tense announced thai it had no further
witnesses.
Et is probable that the Adams case
win go to the jury Monday, arguments
TO the jury being made today and TO-
morrow.
On resumption of court NJ O'Clock
Atty Henry p. Knight began his adj
dress and had only spoken 10 minutes
when he WAS taken sick and court adj
iourned, first for one hour and later for
the day. During the time he spoke
Knight said:
Gentlemen of the jury it has been
stated that the defendant is member
OF the Western Federation, but Ii IL
not for you to deliberate TO what class
the man charged with murder belongs
or what his connections are II IL your
sole duty 10 decide whether or not he
fred the bullet that killed Fred Tyler
no certain extent this case VIII de-
pend on the Identification OF the re-
mains found in Marble Greek district
and with regard TO this point | do not