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Show Rumor Current Last Night That District At- i! tomey E. O. Leather- ml wood Will Move for Dismissal of Murder & Charge Against the j Woman. BELIEVED THAT M SHE IS INNOCENT ffl Mrs. Inlow's Refusal to Testify on Behalf of S Her Husband After Be- j ing Advised by Coun- jjjj sel Is Blow to Defense of Husband, II The charge of murder in the first IH degree against Mr. Caleb A. Inlow, ISS jointly charged with her husband of 'jl killing Chauffeur Thomas E. While last J October, is to be dismissed upon mo- in tion of District Attorney E. 0. Leath-crwood, Leath-crwood, according to a rumor last night. This actionit was learned from : a reliable source, will be taken inline- M diatcly upou t he 'completion of In- ; $ II low's trial, up matter what (he vcr- :jj diet of the jury hi that case may be. K Believed Innocent. If is said that attorneys for the fjj state are convinced that Mrs, Inlow's couueetion with the murder of White. tl if iho had any connection at all, was f j an innocent one. Tnlow. accordiug to the theory of the state, is supposed '$t to have convinced his wife that hev ii i i aid was necessary to get the consent jj: of White not io appear for the state in the trial of the burglary charge which had beeu made against him. It is believed by attorney's interested m t in the case that Mrs. Inlow's share !Sj in thu crime, if nhc participated at JI! all, or if Tnlow be guilty, was only that & I of an innocent wife seeking to secure w; a meeting between her husbaud and 'ri the man who it is thought was tho vj principal witness against him in the . ore specimen theft with which he was ." charged. Refuses to Testify. 'j& I The rumor that Mrs. Inlow was. to ' 3 bo dismissed arose yesterday following 5 her refusal to testify for the defense i'fi B in tho trial of hor husbaud. Accord- S 3 ing to officers of the sheriff's office, i'V j Mrs. Tnlow yesterday morniug told he ; sister' that she did not wish to testify, hut feared that she would havo to. m?i j She is said to have requested the sis Wj P ter to call upon Soren X. Christonscn -ajffj and S. R. Thurman, her attomcj's, and Mte ask them to come to the county jail $ for a. consultation. Mr, Christensen iji.y went to thu jail yesterday morning jjfc K and following the consultation it was f; i announced that on Ihc advice of Jier tl attornoys Mrs. Inlow would not take S jj the stand. v k The announcement hi the court room 3'ostcrdny that Mrs. Inlow would not lWr tako tho stand acted as a blow in the ''llt! face to her husband, "who has constant- !f ly maintained a cool and collocted air. i;jf? Yesterday, howovor, when his attor- jfjj ji ncys "informed him of his wife's de- cision ho slumped- in his chair, and Bkl showed a decided indifforonce to what ?S2 was going on about him. iSwi Gets Much Sympathy. SjSM At the county jail, however, the de- iM cision of Mrs. nlow crcatod but lit- fwjj tie surprise. It is said that ou many occasions Inlow has been buying deli- cacies for himsolf with funds which Hflljf he obtained from some unknown source wnin aud that only rarely has ho paid any ffllM attention to his wife. : Mrs. Inlow on fJal the other hand, is said to have won inmfl the sympathy of the jailers, who havo fiBir done everything possible to make her M$ftis comfortable, fflBflf In connection with Mrs. Inlow it Is &Wtf recalled that Judge T. D. Lewis a short time after she with her bus- band was bound over to the district w court ou tho chargo of murder in tho . first degreo fixed hail for her in the jj sum of $5000. No opportunity to fur- jljfip nish bail was ever given Tnlow. Mrs. $K Inlow, howovor, was never ablo to fpf Bocure surety in tho a'mount required, fF although it is' said that about half t Y-. (Oojitlnued ou Page Threj,), , j WILL DISMISS CASE HST MRS. IUW w (Continued from Page One.) tho necessary amount was available on several occasions. While Mrs. Inlow was in tho city jail her conduct, beyond the fact that sho was crying a great deal of tho time, was also of a highly commendable nature, according ac-cording to members of the police department. depart-ment. The breaking down of the chain of circumstantial cir-cumstantial evidence which has been woven wo-ven about Inlow, tho establishment of an alibi for him and the advancement of a new theory thflt the murder was committed com-mitted by Eonm one driving past the automobile au-tomobile in a buggy seemed yesterday to he tho aim of the attorneys for the defense. de-fense. However, the possible evidence or Mrs. Inlow h believed to have been one of the reliances of tho defense and with that support withdrawn a complete reversal of the case may result, ll Is believed. It was even hinted laat night that Inlow may not be placed on the Htand in his own behalf. Had Good Reputation. The defense yesterday placed thirteen witnesses in all on the wtand, several of which were for the purpose of laying a foundation for an argument of tho previous- pood reputation of the defendant. E. E. Dudley, .iustlco of the peaco at Biwj-ham; Biwj-ham; Charles L. Countryman, a Bingham merchant, and John M. JJuyos, assistant secretary of the Utah Copper company, all lestitk'd that previous to October I. 1012, they had heard nothing derogatory to itilow's reputation for peace am) quietude. The foundation for the theory that Eonxj one besides "Inlow committed the rime and that that peraon had gone to the scone In a buggy was laid with The evidence of Heber M. Frankland, S27 Express Ex-press avenue. Frankland Is tho man who notified Detective George Chose and Desk Sergeant A. C. Spears of the police do- partment that he had found White's bodv j in the automobile. I Notified Police. Frankland said that he lives three blocks .south of Ninth South street and a half block cast of Third East street.' and that he was employed as a brakeman lor the Denver & Rio Grande railroad. lie left his house at. C:.IG o'clock that, morning, morn-ing, and while on his way to catch a car saw the automobile, and White's body, Ha said tlia.t he went to a nearby house to call the police department but was unable un-able to get them. He then walked to tho corner and stopping the first car that passed, notified the policemen who were aboard the car. "Did you notice tho condition of the road? ' asked the defense. "Ves The ground was inuddv," Frank-land Frank-land answered. He said that he could sec the tracks of the automobile where it drove in. and could see buggy tracks leading In the opposite direction. The buggy tracks wero two feet or two and a. half feet from those made by the automobile. auto-mobile. Ho said that he saw where tho buggy had turned from the track at a point north of where tho automobile stood. Tlie buggy, he said, had turned to the right, from the main road, and the tracks turned out about tho width of the buggy. ' Frankland said that ho remained about throe minutes, and took careful note of the conditions. Tho buggy tracks, he said, did not cross the automobile tracks so far as he could see. Ho said that ho believed be-lieved that tho buggy t nicks and" the automobile au-tomobile tracks were made at a.bout the same time, as there was water In both trades. Knew Rozzelle. Frankland on cross-examination said that 'ho had known Attorney Joseph Rozzellc by sight, for a long tlmo. and wa3 Introduced to him a short time ago, but was unable to remember where or by whom, or the exact, date of the introduction. intro-duction. He said that ho had gone to Mr. Rozzclle's office last Wednesday, and also a week ago, but that he did not mention tho buggy tracks to Mr. Rozzelle. , Ho said that ho could not recall If he gave Rozzelle any information, but told him that he knew something about the case, Frankland said, at the close of the cross-examination, that there wore plenty of hoofiracks In. 'the road, as well aa buggy tracks, but no tracks of a human being. Charles Carle, who lives In the neighborhood neigh-borhood near where White's body was found, said that he had planned to go duck shooting that day and got up between be-tween 12 o'clock and 1 o'clock on the morning of October 5 to care for hid horses. Tt was raining steadily, and it was so dark that he could not seo his horses in- their stalls without a lantern. There was no moonlight. Thurman on Stand. Attorney S, R. Thurman of the firm of Thurman. Wedgwood & Irvine, lawyers, who had boon retained by Inlow to defend de-fend him in ids burglary case, was called by the defense for examination as to Mrs. Inlow's actions and demeanor when she learned in his office on the morning of October o that her husband was suspected sus-pected of being Implicated In the murder mur-der of White. Tho state objected to the Introduction of such testimony, and the court sustained tho objection, pending the submission by the defense of authorities that would lend to prove to tho court that such evidence was admlssable. That phase of the case will be reopened If the defense desires to cite authorities, when a final ruling may be made by the court. Attack Rollo Testimony. The defense yesterday attempted to discredit the testimony of Alfred S. Rollo. who 'testified for the state that ho hod seen the shooting, and that he had seen two persons, a tall, thin person and a shorter, stouter one, leave the automobile automo-bile Immediately afterward, and hasten southward on the west side of Third East street. Thomas Mulholland. a book salesman, local manager for tbe Wheeler Publishing Publish-ing company, testified as to a series of experiments he had assisted in conducting conduct-ing at the sceno of the crime on a cloudy night last week. Those who conduct-id the experiments. In addition to himself, wero Attorneys Walton. Hanson and Rozzelle Roz-zelle and John Gresham. The experiments experi-ments were to determine the visibility of an automobile, lighted and unllghlcd. at various distances. "When the headlight was out and the sidelights were out, at what distance did yon lose sight of human forms on the automobile?" asked Mr. Walton, "At about thirty-live steps I could scarcely distinguish a human form. I could sen a form, but could not tell just what It waa. At 125 steps from the auto 1 could not see the automobile." Returning to the automobile, he was unable at a short distance from the car to see a person leave the automobile and go to tho sidewalk on tho west side of tho street. Gresham Excused. Mr. Mulholland said under cross-examination that he knew nothing of the condition of the weather and the sky oni the night of the murder. He said that the vital thlnr to have been determined by the experiments depended wholly upon the degree of light. The state admitted that. John Gresham, Mulholland's associate In the experiment, would give the same testimony, and Gresham Gres-ham escaped examination. In following Its attack upon the testimony testi-mony of Alfred S. Rollo. the defense recalled re-called John S. Rollo, supreme court reporter, re-porter, to the stand again. Rollo testified testi-fied that A. S. Rollo and he had talked 'somewhat about the story of the shooting shoot-ing as It appeared In the newspapers, but that A, S. Rollo did not suggest to him In any way that ho had seen It or knew anything of It on the Sunday following the murder. They were together tho greator part of the day. Attorney Walton declared that if It wore shown that Rollo had not discussed the Incident he claimed to have seen on tho following day when hie attention had been called to the story In tho Sunday papers concerning Iho mater. It would go to prove that Rollo did not really see the shooting, but that ho Imagined that ho had seen It Not Spoken Of. "Did he Indicate to you in any way." Jtfr. Walton asked, "or suggest the Idea that he knew anything about It or hud been hi that, vicinity?" "Absolutely not." 7-5. A. Wedgwood of the lav. firm of Thurman. Wedgwood Irvine testified concerning bullet wounds. He said ho was not an expert, but had seen many men wounded during his service in the army during tlmo of war, The dufunse showed him the revolver that haw been usr-d In evidence and an ordinary .r.2-callber short bullet. "That gun, so loaded." ho said, in answer an-swer to a question, "could not under any condition be so fired as to eaiTy a bullet through the slAill of an ordinary, man. from the back to tho front, and out. It would he absolutely Impossible. In my opinion." he said. "With a .::2-caIlb(sr long bullet, high power, smokeless, fired from a lomr-narreled lomr-narreled revolver of tho beHt mako, such a wound might, be Inflicted," he said. Discredits Theory. J. E. Ray. who said ho had handled a revolver nil his life, said that ho did not believe that such a weapon as shown him. loaded with such ammunition could inflict such a wound. He said under un-der cross examination that he could not dotermlno the caliber of a weapon usod from tho size or appearance of the wound. , ,, , , Mrs. Mary Beor, who lives In the vicinity vi-cinity of the place whore White's body was found, was the first witness called hv the defense. She snld that on tho morning after tbe shooting, while a crowd was gathered about the automobile, automo-bile, a man wnarlnp a brown suit and resembling A. S. Rollo, askod what was the excltenmet. He said that ho lived In thf country and had come to the city to vis'lt'hls daughter, who lived on Third ICast Htreet. He had become turnod around so'me.what. and asked for the directions. di-rections. Ho said, according to Mrs. Beer's testimony, that he was Kind he lived In the country and not in tho city. Hollo was told to enter the courtroom with hi hat mi, Mrs, Reer said that Rollo looked very much like tho man who hud apokt-n lo h;r. .Mabel lteei, a daughter of the firs! witness and 13 years old, testified similarly. simi-larly. She said that Rollo resembled the man very much, but that she was not positive he was the same person. Rollo's voice, too, she said, was similar to that of tho man sho had seen. During her cross examination Misb Beer said that her attention was first called to Rollo's nose, which Is crooked because of an old Injury, in the corridor corri-dor of the courtroom, yesterday morning, morn-ing, by counsel for the defendant. She had noticed when sho saw tho stranger that he had a bent noso. The first attorney In this case that she saw was Joseph Rozzelle, That was about three weeks ajro and he had gone back two other times. She 1ad told Rozzelle the whole story the first time, and on each subsequent visit. Mr. Walton went Into that phase of the case, and the witness said that Mr. Walton Wal-ton was also there on one occasion. Walton, Wal-ton, she said, had not described Rollo to her. Rosizelle visited-her twice, and he and Walton called together. |
