Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-04
SPENCER DENIES
GRAVE CHARGES
Tells the Court Just What Did
Happen in the Un-
savory Case.
OBJECTION TO WITNESSES.
Assistant County Attorney Serves No
ilcc on Court That Mrs. Spencer
Listened to Testimony.

The preliminary hearing Of Samue
G. Spencer was resumed this mornins
before Judge @. b. Diehl. IN the Grim
inal division OF the city court. No soon
er had the clerk announced that court
was in session. than Asst. County ATTY
Aaron Meyers arose and, addressing
Judge Diehl, said
MAY II please the court. the state
wishes to give notice that IN case Mrs.
Stewart, sister of defendant. or either
OF his daughters are called to tsstity,
objection will be interposed. on the
ground that yesterday afternoon. while
defendant was testifying, they, MRS
Stewart and the two girls were close
enough to the door. which was fire.
quently opened. to hear what witness
was saying"
Judge Diehl said that he would at
the proper time take the matter INTO
consideration.
For a period of 80 minutes the defend
ant. Samuel G. Spencer, was subjected
TO rigid DISCRIMINATION by Atty.
H. A. Smith. the direct examination
having been concluded just before the
close of court yesterday afternoon. The
questioning drew out from Mr. Spencer
the statement that SO f1r as he knew
there existed no IN feeling between
himself and members OF the Wallace
and Bertoch families at any period dur
ing the time that Hannah Iva Wallace
was staying at his home, although in
years past there had sometimes existed
relations somewhat strained.
CHARGE DENIED.
In answer TO the attorneys questions,
the defendant denied that he had ever
occupied the same bedroom or the same
bed with Hannah Iva Wallace. neither
had he subjected her to any of the in
dignities that formed the basis OF the
complaint against him. He had kissed
her on occasions. the same as he had
done his own children. and that was as
much as he had ever done.
The witness was interrogated extens-
lively on the visit made by himself and
others to the home OF the Bertoch's.
Sunday. Sept. 22. 1907 and he adhered
TO the story told yesterday on direct
examination, to the effect that the visit
was made with a view OF inducing the
Bertoch family to intercede with Mrs
Wallace for an interview that an I'M
derstanding might be arrived at that
would end the controversy
Did you not take this action because
you knew you were guilty." queried
the attorney.
No sir. / knew that / was innocent"
replied the witness.
O. And you feared that although In
nocent. you might be convicted2"
A. yes sir. such cases are In plen-
~"
WHAT HE DID SAY.
The witness denied that he had i'm
ylted his aunt, Mrs. Bertoch. into a
room alone TO talk to her, but said
that he had entered the room upon her
invitation, and that there were also
present his wife and his sister. Mrs.
Stewart. He had not he said, upon
Bonded knee begged his aun's assist
ance TO get him out of trouble. but had
merely asked her to use her influence
to bring about a meeting between him
self and the Wallace family. The
statement attributed to him to the eff
feet that they (the Bertochs) or their
children might go astray, he said had
never been made.
In various forms questions were put
to the defendant as to whether he had
not subjected Hannah Iva Wallace to
indignities and finally that an assault
had been made upon her by him, to all
OF which came the answer. no.
AT 10 o'clock Judge Diehl announced
that the case would be continued until
Monday ut 10 o'clock. Mr.. Meyers
said that Wednesday would be a more
opportune time for the prosecution but
Atty. Wedgwood stated that he had
entered the case upon promise of the
states attorneys that there would be
no postponement. and he desired to
have IL out of the way as quickly as
possible