Show tha case fyhen the fyer mckone adultery case was called in sommers court room yesterday at 2 p m attorney varian appeared for marshall adams the principal witness who was arrested in oden monday evening and created quite a sensation by arguing that the court had no jurisdiction to issue an attachment for adams or punish libin for contempt if be should refuse to testify in the case varian eaid ho had advised adams to that effect and held that the commissioners jurisdiction would b upon the issuance of the proclamation admitting utah to statehood also that the case of the prosecution would fall to the ground at the same time as there would be no law in existence under which they fyler and mckone could be tried and that it was impossible to reach a determination mi nation of the case before the of the territory to the union and to continue under these circumstances would only scandalize tho community and furnish food for sensation bongers mongers mon gers counsel for prosecution replied at considerable sid erable leneth they held that it was the duty of the court to proceed with the case and punish for contempt any person who refuse to testify the court decided to proceed with case the eI eVAter boy and anthony Sunn the bootblack were called but testified tu nothing of importance adams was called lie replied through hid attorney he be to testify after a heated discussion the attorneys pro and eon the aur ordered that witness adami be remanded to the custody of the U S marshal until such time as he may decide to answer later be fined him 25 and sentenced him to one days imprisonment and ordered him committed to the donjon keep until the fine was paid mr adams however secured his freedom by filing a bail bond in the sum of enree witnesses were then introduced by the defense to rebut the presumption that mr F ler had presented mrs mccone with any furniture the hearing was then postponed until today |