The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-14
SHERIFF BARRED
FROM THE CASE
Wallace Merchant viii Draw
Venire OF Jurors to Try
Steve Adams.
POINT SCORED BY DEFENSE
AFFl0AVITS FILEN BY THE
STATE.

Spokane. Wash. Feb. 13.-The strue-
gle Of steve Adams attorneys to save
MN from conviction for the alleged
murder OF Fred Tyler was still GEN.
terec in the efforts OF the defense 70
disqualify the sheriff when court
opened at Wallace. Idaho. at 10 O'Clock
thls morning. The defense contended
mat Sheriff Bailey and his deputies
should not be permitted 20 handle the
special venire OF jurors, because of ami
mostly TO the prisoner.
This claim was supported by a
lengthy affidavit by steve Adams de-
claring that the present sheriff was
elected with the express understanding
that ExSheriff Sutherland should still
control his office, and that if Suther-
land should control the venire "oniy
those will be called to serve whose feel
ings arc well known To be against
Western Federation members"
States Affidavit.
At 1890 today the state filed a
| lengthy affidavit by Sheriff Bailey. de-
Inying the allegations made by Steve
Adams.
The deputy sheriff declares he was
duly elected TO his office and denies
that there was ever any understanding
or agreement that Ex-Sheriff Suther-
| land should have control OF his office
| in any manner or for any purpose or
that any such agreement was made un-
der the direction of a corporation to
have any antipathy whatever TO the
Western Federation Of Miners, or its
members.
Denial by Sutherland.
An affidavit was filed today by
| former Sheriff Sutherland who is now
! deputy sheriff. making absolute denial
of the charges made i'm the affidavit
Of Steve Adams. filed yesterday Suth-
| erland denied that on the trip from
Boise to Wallace. when in charge of
Adams he had referred to the members
Of the Western Federation Of Miners as
outlaws. thugs and dynamiters, i'm any
way. other than that he at ali times
as was his duty as sheriff. expressed
detestation for acts OF dynamiting with
which members OF the organization
were charged. He admitted that he ar
ranged a meeting between Adams and
/ Detective MCFARLAND, but stated that
/ he did so openly and I'm the perform
ance of his duty as sheriff IN the pros
ecution of crime.
Sheriff Cannot Act.
ne ueIcllSe Won us point IN the
Adams murder trial this afternoon at
Wallace when the court appointed O.
p. Jones, a Wallace merchant, TO draw
n new venire of jurors. as the former
panel had been exhausted. The de-
tense contended that the sheriff's Of
flee was not competent to draw the
venire.
Opinion Of the Court.
Judge Woods. in passing on the ques-
ton, said that he believed the sheriffs
office was entitled TO commentator for
the manner in which its members had
conducted themselves all through the
Adams case. He did not feel that any OF
them were biased and did not believe the
appointment of an elisor would cast any
reflection on them. He wanted all sides
10 feel that a fair and impartial trial had
been given and announced that he would
appoint .. D. Jones to that office The
appointment is satisfactory to both the
defense and the prosecution.
Attorney Hanson moved that the name
of w. B. Hopkins he added TO the infor-
nation and a warm dispute arose as to
whether the time to add names to the
information had passed. Arguments on
this point are 10 be heard tomorrow morn
ing. Hopkins is said 70 be the stenograph-
er who took notes OF the alleged confess
sion Of Adams.
]. II. Hawley Of Boise has arrived to
aid the prosecution.