| Show CASE IS Judge Whitaker Holds Hon tion Falls Faits to Establish the Corpus Delicti GRAVE CHARGES ARE DENIED Defendant Takes Take the tha tim IH In 1111 Own ner ee auth Rill All il II of Wro Wrong r n The Tb MM ece against Aln net Samuel a Ii amme r mme seme to a sudden saddest t d end In Judge Whit lt after simms court afternoon by bythe bYthe the tile of or Mr Spencer the Ute court rag that no ease ca bad been Men made MIl cut The Tite substance of 01 the testimony of or lye Iva Wallace the tile gin who made iUd the Ih 8 wa was w puNished published Mr Spencer pencer took the stand Hand In hi It wn t defense delen and ant denied emphatically very ivory allegation made against him hla HI His testimony was waa w corroborate t t by hu lite two daughters and nd hla hili hi son lIOn All denied that Spencer had hl takeo takes undue liberties with the Wallace girl or Ir with ith hi his bIe daughter WItt er Louis Louie Spencer the eldest daughter slid aed Id the the abe had made mad ti tt Bh Sheriff Emu Emery concerning her ber fathers father taUt action was not true Sheriff Emery Eatery wa was called In rebuttal but bat moot moat of 01 hi hit t my ay wits Willi ruled out by the court Dr Pr who ho was wae cUed called by bythe bythe bYthe the Wallace girls girl mother to make mke an examination testified a to condition a they existed at the thi n but bitt stated that they have hae resulted from dif dlf different ferent causes After AUer the te testimony wa we w taken Atty Lyon Lon urged urd that the accused be held to aw await aalt It the action of the district court He Re contended that the state ate had lId made out nut a esp case of probable cause ea Judge Judee Whitaker did not wait It to hear beer anything from the detente defense but bUl dismissed th UI UIA the case c A statement having bating been made mado that Mr Spencer might mt be n on an another another other oIlier complaint t a Kewa N representative live tive asked Judge Judt Whitaker who Is III I sit lilt sitting sitting ting till for tor Judge Diehi the reasons for lor his III decision tI HI His answer was wai II If Ir you see lee the Ih stenographer he b wilt will give ive you JoU the opinion a as rendered What ht wa was the Use baten of the opinion The substance imbalance waa was that the tb prose p had failed to establish th the thO corpus Orp delicti u Assistant County At irney Job P 1 1 Lyon while he hI did not nol rare cars Ill to discuss discus the matter to kI any ally length len aM a 46 the that In hi his opinion the state Mate made mad out a good cats rase of probable cause and It should have e gone goM to a Jury Ju A As to whether ua ev SM M r be flied filed Mr r Lyon said Id he did dill not nat know at t this time CONSPIRACY Friends of at Mr MI Spencer made the e claim today toda that thaI the tb whole ale cae l from beginning be to end ead I the of ot n l con aon conspiracy entered en kite Into for th tb the purpose of I ruining him If possible Times Thee friend tate state tt that a threat UIt wa WU made Atari five years year ago by Bertoch uncle to 10 Iva ha Wallace to the effect deet that If opportunity ever presented itself he would get et ever with him Spencer for come fome real roal or 01 fancied wrong |
