Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-21
THE DEFENSE OPENS.
Ns. lrfilJs Side Of ti5 Case Pie.
scented this HOTlIlg.
THE READING OF DISPOSITIONS.
Wi,uc,sc, Called To Testify o. TO irtiue's
Ill.rea,mcnt Of ills Nllc.-
screaming aud Smashing"

The trial Of the Irvine divorce suit
was resumed before Chief Justice Zane
this morning,
When W. IL. Irvine, the plaintiff,
left tho wltuos1.s,and yesterday after.
noon, ut the conclusion OF bic long
ex5m.na ion,
Mt rs, q. ABBOTT, city attorney Of
Lincoln, Nebraska, was called He
sud he had seen Mr. Irvine aud
Montgomery together frequently ON
the stree. in Lincoln before tho rum1y.
nj Of the Ifvincs TO Salt Lake la 1859
witness aud Mr.. Irvine lived In the
sam1 house. In August, 1850, hu saw
man go into Ms. Iryinba PORTION OF
the rctiIcncc, but wl'utE ld no,
recognise him. The hDu.s was der
Mt the time. lie nppIy. o1.I quietly
aud when hs reached his, Iryiuo's
door wont IN. Tho following evening
he called Mrs. Ifgiu1s attention 20 ihu
matter ana she asked him 20 ftcp on.
on the street with her wncu she told
him tho man was Ed. Montgomery.
lie aslzoi nor 70 sue iilu'. know that
was not right. She said they did moth.
ing wrong and that her husband didn't
treat her right
"Did Montgomery visit your house
Ia 1879, while Mrs. iFvluo was thcrU2n
asked Attorney J. NJ. Zane.
Witness answered that Zoo lli.
"Nou know the Chafau crul thig man
M1n,gUmcry-'hat 10 was fo hncl. that
u would soli q printers rag-and yet
hc visited your houso2"
Witness said yes TO that also.
"Whca dii YOU nfst toll Irvine o.
these iacis?"
"Slmr limo after his gCQlittalD
'Whiiu you were wirg.pullur OF fac.
totum fof ifviur ia his murder trial
you titled yuur hand ne rEt0rliug
confession FROM Mr-. Irvine at Marion,
Ind, didn't you,'
"l did not"
"Y1u told her not TO lot her mother
rec an attorney for the prosecution
who was coming down thefo2"
Wituoas atscntcd.
"You told her that her husband IN.
tended to live with her AGAIN."
Witness said no did.
"Aud didn't you try time nad again
TO get Mrr. Irvine TO sign written
confession OF her gull2n
~ DID not"
And DIDN'T you In In your letters
try 10 get her TO send you something OF
the kind2h
To this came the answor-"In some
Of her conversations she stated that
her association with Montgomery was
because VI his proiUststiuns Of love for
her and constantly tolliug hor that
irvine did not love nor, and We wanted
TO find out all about ~
"5he denied her guilt 10 y0u20
The witness stated that she did.
Then Mt Zane iuquirui-"D Didn't
you write 10 Mrs. Irvine for coniss-
sion, and didn't she HnsWor that she
had said MI, ana that she had nothing
further 10 say2"
81 dOu't rtmumbeT.n
Mr.. Zane produced letter from Mr.
Abbott 10 ME-. Irvine, urging nor 10
make a full statement Of her relations
with Montgomery 90 ease lrvineIs
mind, anu auded-"When you wrote
this you knew that she had constantly
proclaimed her iunocunco7"
"NrHn
"Aul you pretended to be her
irieud2"
"Certainly."
"When uid your friendly feeling TO.
ward hrs. Irvine chAnge2" asked Mir.
Zane.
Tue witness ropIied-'It has never
changed. l Rm friendly TO her now.
No ono would saoridco moro to see
them together than ! would"
"And you saw her uu one occasion
and told her that you didn't want
confession, but startling fgols, Tor the
JuTy7"
al DON'T rocolltct IT,"
"Aud sue told you ut that time that
she had little taith Ia her husbands
promlsrsr"
"Yes."
"Aud you asked her what shs
wanted, and she said she wanted Der
baby2n
"shs always 'ald she wanted her
baby"
"Yon took her paper signed by II.
vine, saying that sue could keep the
chilu7D
"Yes.D
The prosecution Tesd In evidence a
number Of letters written by Irvine 10
his daughter FlUasie while he WIS in
jail at Lincoln, presumably TO prove
that he WAS not OF SQUAD MIND at the
time, anu Mr., ZanO then read mum.
her Of letters written by MI. Abbott 70
various PERSONS.
Several OF the letters were addressed
10 Mrs Irvine, aud among them were
those nom which extracts wurb read
In the examination OF MIR. Abbott.
Alter tho letters had been read At
torney W. III, Dickson moved 10 strike
them out, Ou tns grOuuu that they
were not proper REORGANIZATION.
Judge Zane held over his fuling on
the point until this morning anu court
Jueh adjourned.