Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-03
SPENCER CASE
UP FOR HEARING
Testimony Of Dr.. calderwood
Does Not Establish That
Crime Was Committed
MOTHER TELLS SUSPICIOUS.
some Conflict in Two Stories Told by
Hannah Iva Wallace, the
Girl i'm the Case.

The case Of Samuel G. Spencer
charged with a statutory offense was
M for hearing between Judge I. d.
Diehl. i'm the criminal division OF the
citv court today. During the forenoon
session OF court three witnesses for the
prosecution were examined, namely Dr.
w. r.. Calderwood. Hannah Iva wal
lace. the girl upon whom the attempt al
assault is alleged to have been COM
mitted. and Ann Elizabeth Wallace, the
girls mother. At the conclusion OF the
Iatter's direct examination court took
recess until ESQ O'Clock this after
noon.
Asst. County Atty. Aaron Meyers had
charge of tho case for the state, assisted
by Atty. II. a. Smith, the latter having
been retained by the family OF the
girl. Atty, Adam A. Duncan is ehief
counsel for the defense. and Atty. Il.
A. Wedgwood appears as assoc
cIate counsel, instead of Judge 5. II.
Thurman.
STUBBoRNLY FOUGHT.
The case is being stubbornly fought
on both sides. The first clash between
opposing counsel came when Mr.. Dun
can asked that all witnesses. except the
one on the stand be excluded from the
courtroom. The other side requested
that Hannah Iva Wallace be permitted
TO remain TO he conferred with from
time to time. The ruling of the court
was that all witnesses should be ex-
cluded.
TESTIMONY OF DOCTOR.
DR.. Calderwood was the first witness
called. He testified that on Aug. &c.
1907, he had, by request of her motner
made an examination of Hannah Iva
Wallace. While conditions were not
found to be normal, they were not such
as to show conclusively that crime
had been committed. Upon cross-ex-
animation, the witness said that tho
same situation might have peen
brought about by otner causes than
the one alleged.
THE GIRLS STORY.
Hannah Iva Wallace was then call
ed TO the stand. In answer to Attorney
ssIlii,n lueaeion, s.'e sS,u Sna- su0
wouiu pe ~ seats oiu a., . t's ,,
anu tnut sne ANeu With i iIVWov
iiiolher a. Sse onsi soia e',S'
rom Jam . 10 Aus, 20, Iyu'' sise WIN
ca AZ enc kllittins woIhs, VI WIEN Wien
>hiluet ~ opeieel. me- iii e,i'. evIs
~, WaS the iiiailasei, " tou1 nu Nv. ~
nesiiinlhs IA APP Site s'"s ou a. ene
ops,Icei noliis vi ,,s, on Iohu, POI.
Oh lhe tinie IA wv stois nous9 Gnu Gnu
part OF the .iine IN ole story l souse
next aVor' poln p1,9hsins " ~, M. Ispen
Ger ne enilhe WIN VIII 'nu uete n,,i
mitted on the nights OF Aug. 10 and IA.
iyo4 wnlle sne occupied Inc pea OF
NJ Spe"eet anu o'' Vi i''S u"usn'ois'
CROSS EX ANIMATION.
-,
the girls story was IN part the same
as tod by her when the defendant mad
a nearing on Il somewhat similar, but
more serious charge, In september last,
In cross-eNamination, Mr.. Duncan en-
deayored to bring out that the story
told by the girl today conflicted with
her statements at the former hearing.
At the examination In September She
testified, he reminded her from the tram
script that she was entirely alone with
the defendant in the room when tho
offence is alleged to have been COM
mitted; today she swore that one OF