| Show THE FYLERMKONE CASE r Statement of the Defendants Side By Judge Powers MRS fflKONES REPUTATION FOR CHASTITY HAS HITHERTO BEEN OF TIlE VERY BEST Adams Peculiar Methods Juilprc j Powers Accounts For on the j Theory of Insanity Fyler at j Home on the Nigrht the Intimacy i I is Alleged to Have Occurred I I 1 I Judge Powers on behalf of his clients I H A Fyler and Mrs R A McKone I yesterday gave out the following statement J i i state-ment saying that he had hoped to J 1 1 I present the facts in court ere this but j j having thus far failed and so many I rumors were in circulation some j matters concerning the defense should I be stated Speaking of Mrs McKone I I I he said that she is a lady twenty nine years of age bearing the very 1 I highest reputation for chastity She I was born in Pennsylvania and at nineteen years of age removed to her j brothers ranch near Denver She is j a member of the Episcopal church and I married Mr McKone in Denver whereupon where-upon they removed to Salt Lake city He had been a travelling man but in 1 order to be more at home he went into business with the H A Tuckett company When that concern failed he j went UDon the road again He was taken seriously ill in Texas and returning I re-turning to Salt Lake was an invalid for a long time became insane and was taken to the asylum at Provo in 1894 During his illness his wife deprived de-prived herself of the necessaries of life to furnish him with proper food and I since he has been in the asylum she has saved from her scant earnings what she could in order to visit him from time to time and to minister to his comfort Mrs McKone has Worked work-ed for Simon Bros in this city for Mrs Christie and for Mrs Langley and the I Walker Bros Fyler company her weekly earnings ranging from S6 to 10 I always living within her income I She has had a speaking acquaintance acquaint-ance with Mr Fyler since her marriage mar-riage Mr McKone and Mr Fyler being be-ing acquaintances Early last year she made application for work at the store but did not succeed in obtaining obtain-ing a place until in the fall Her salary as trimmer in the millinery department depart-ment was 10 per week I WENT TO THE DOOLT BLOCK Her reasons for becoming a tenant in the Dooly block were that she had been paying 58 per month for a small I room in a private family and she had to build her own fires and furnish her own lights kindlings and coal She found that she could procure a room in the Dooly block for 10 per month She believed that it was a respectable place She rented the room of the janitor Adams about the first of September paying 6 on account and 34 later in the month She then began to look about for some furniture and observing an advertisement in the Tribune Tri-bune she answered the same and found that it was the property of Mr and Mrs Fyler She closed a bargain with Mrs Fyler for such of the furniture furni-ture as she wanted for the sum of 565 paying 25 down and the balance in installments in-stallments It was also agreed that she should keep and have the use of four pieces of furniture that Mrs Fyler did not want to sell The public statement made by Adams that Fyler furnished the rooms for her is unqualifiedly un-qualifiedly false About the middle of September 1895 Mrs McKone went to work for the Walker Bros Fyler company and continued at work there until she was arrested and her power to earn a living taken from her Her relations rela-tions with Mr Fyler were never other than that of employer and employee UNDER MEDICAL TREATMENT About December 1st Mrs McKone having left word at his office at the store l that she desired to see Mr Fyler he called and she made a payment on account I ac-count of her furniture Again on the 22nd December the same being Sunday j Sun-day he called about 11 a m The previous day December 21st Mrs McKone had notified the people at the store that she was ill and might not be able to work on Monday She visited the physician that day Mr Fyler called on Sunday to know if she could work as it was the I holiday season and they needed all their help at the 4 store For more than a year Mrs McKones I physician states that she has been under I I medical treatment for an ailment + 2 I culiar to women rendering it quite improbable i I im-probable that she would commit the crime charged She called upon her physician I j phy-sician several times during the month of December and during that month was i suffering from the results of the ailment I referred to to an extent that it would seem to be impossible for her to be guilty Marshall Adams never ordered Mrs McKone to vacate her room on the contrary con-trary she ordered him from the room One evening she found a bill against the Dooly block In her room with Adams signature thereon That showed that he had been there in her absence She kept the paper Shortly after she returned to her room at noon contrary to her custom found the door open and Adams Inside He appeared surprised and ill at ease and remarked Well I am caught Mrs McKone asked if there was any thing ho wanted and he replied No and she told him if ever he wanted to enter her room to do so when she was present A couple of weeks thereafter she again surprised him in her room He was confused and could make no excuse ex-cuse for hip presence and she told him to ret out and never to dare show himself him-self in that room again except when she was home and she shut the door in his face In the meantime she missed articles from the room aid some person stole the key to her secretary She paid him the rent each month up to the first of January These payments are noted in her memorandum book and some were made in the presence of others and yet after her arrest was made reference to the books of Mr Dooly showed her in debt 30 This amount Adams had received re-ceived from her and retained A PHYSICAL IMPOSSIBILITY i We investigated the story of Adams to the effect that from the fire escape he had looked into her room and had seen her in bed with Mr Fyler We had men KO out on the fire escape measure the room and make observations and they reported to us that it was a physical impossibility for any person to see what Adams claimed that he did Adams has made the statement to reputable people that he caused our clients arrest because Mrs McKone had carried her head too hitrh and had insulted him and he proposed pro-posed to get even We also have information infor-mation indicating that he hoped to secure se-cure a large sum of money upon a settlement set-tlement of the case We have investigate his record and find that it is not spotless spot-less He has been an habitue of gambling gamb-ling houses afternoons and evenings for a long time and there are many queer stories concerning him FYLER WAS AT HOME He called Deputy United States Marshal Mar-shal Timmony from his bed at about 3 a m December 23rd Adams was intoxicated intoxi-cated He stated that Fyler was in Mrs McKones room and wanted an arrest made Timmony tried to have him wait until later in the day but he would not Commissioner Sommer was called up and granted a warrant and Timmony watched the room until Mrs McKone came out in the morning and found that Fyler had not been there and the idea that he had was one of the imaginings of Adams Fvler was home all that night and so he was on each of the nights that Adams says he saw him near the room as can be shown by reputable witnesses The morning that the elevator boy saw him coming down stairs Fyler had been to the Alta club for a morning cocktail We do not know why Adams left town the morning of the day he was to testify His absence injured our clients far more than his presence would We can only account for his peculiar conduct upon the theory that the man is insane In the meantime the good name of a woman has been blackened and one of our most prominent business men greatly Injured An irresponsible person who if he tells the truth Is a selfconfessed criminal has been allowed to play with I the process of the courts and under the guise of law do a great wrong to our clients As yet not one criminating fact has been produced in court against them They certainly have a right to invoke in-voke the principle of the law that a person is presumed to be innocent until proven guilty |
