Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-10-14
TRIAL IS PROCEEDING.
Testimony Being Taken in the Hamilton Muir
der Case.
NUMBER OF WITNESSES ARE EXAMINED.
Evidence of the Dccrascd's sister-suit
Against the salt Lake Dramatic
Other Court Items.

'N' 49, ms llt lNtlNt men VINO VIII
be required to determine whether or
not she killed her husband in this city
on the 18th of last April, were secured
and duly empanelled last evening.
Their names are L. a. King, William
Evans, /. NJ Fisher, W. C. a. smoot,
Thomus Johnson. LOWS Hoagland, o.
y. Despair, Robart Fisher. c. A. Carl
quist, John =. Newman. VIM. B. En-
mis- andWilliam r. Foster. After they
had been sworn by the clerk-who also
read the information charging her with
murder in the first degree-County At
torney Wuldermar Van Colt made an
opening statement of the case
to the court and jury and
told what the prosecution in
tended to. and would, prove. He pro-
duced. and exhibited to the jury.
photograph showing the scene of the
tragedy ana pointed to the spot where
the body Of Johnnie Hamilton was
found ON the night Of the homicide.
When MI. Van Colt had concluded
court adjourned until today.
After the jury had been polled this
morning, Judge Powers asked the
court to excuse all witnesses from the
court room. Judge Norrell made the
order and warned the witnesses not
to converse with each other on the
| evidence they were to give.
Miss Mary Hamilton. sister OF the
deceased, John Ii. Hamilton, was the
| first witness called in behalf of tho
| state. She said her brother married
the defendant on the goth of Novem-
Der, 1894, Had known Mrs. Lou
| Hamilton for the past five or six
years. She remembered the trouble
that took place between her brother
I 81 u Il AE q.
March. this year Witness visited
their house ON the 9th of March.
Witness then proceeded to relate a
conversation that took place between
her brother and his wife, which in
substance was that they would have
To separate. Her brother pulled a PEN
Gil out of his pocket and asked her to
name the things she wanted Mrs.
Hamilton asked to be given another
chance and her brother said she must
do what he requested of her During
the conversation Mrs. Hamilton got
up and said she would settle 1t ail.and
proceeded to 20 To the bedroom, when
her brother caught hold of her as also
| did witness. Mrs. Hamilton said she
/ had got as low as she could get and
| didn't care what she did. Both Mrs.
| Hamilton and her brother shed tears
| during the interview.
Witness talked with defendant after
her brother left. when she asked wit
I ness TO do what she could for her and
help her out of her trouble. She also
received from w. c. Pavey. Her
| brother returned that night with Miss
| Florence Friday and Mr.. Friday. Her
| brother accompanied witness home,
| but she returned to her brothers place
| with her sister. Mrs. Hamilton came
and stayed with witness that night. at
| her mothers house. Her brother slept
| in the kitchen. Mrs. Hamilton silent
| with witness. John did not take
breakfast with them the next morning.
On the evening of the 9th OF March her
| brother and the defendant had an
other conversation. John told his wife
he would take her home to her mother.
where he took her from, and that he
would live with his mother Mrs.
with her sister, Mrs Seldom.
Witness asked defendant why she
/ ala wrong and her answer was Il don't
know" Her brother and his wife had
another conversation together In the
dining room. Witness did not hear
| what was said. When they returned
to the parlOr her brother walked up to
calendar and said Lou, when were
you last with this man." and the de-
| PENDANT pointed to the 18th of Febru-
airy. Her brother then asked what was
the other date and her answer was
] two days before Christmas. She also
said that she received s4.75 from Pavey
and that she was to have called on the
LIST of March to get more, Her brother
/ asked his wife to write down on paper
! what she had contested to- After her
brother had got the confession he said
! Now Lou, 1t will depend upon your
| future conduct whether / ever use
this. 1t will help me get a divorce"
Mrs. Hamilton said You viii not get
divorce from me John. win your" and
her brothers answer was he could
never live with her again.
Mrs, Hamilton told witness that she
| met Pavey on the street one day three
months after her marriage. Pavey
| stopped her and asked her why she
didn't speak to him and the answer
| was, she was now a married woman.
! Pavey said that that should not be n
/ barrier to her recognizing him and
speaking TO him on the street. The
| second Wednesday after her brother
and his wife separated Mrs. Hamilton
came to her mothers place and asked
| Tor the Keys Of the house. She said
John had said she could get them
After March 9th John stayed with his
mother. Three weeks afterwards they
all moved TO his house The last time
she saw her brother was about s
o'clock on the night Of the tragedy.
The witness was here asked to relate
the conversation she had with her
brother on the f1tN night. This was
objected to by Judge Powers and the
jury was taken out In order that the
point might be argued. Attorney
Van Colt afterwards withdrew the
question and after the Jury had again
taken their seats the witness was
crnss-eNamlned by Judge Powers.
Mrs Hamilton, the witness snid, went
on her knees about the time the paper
was being signed and with tears in
her eyes begged her husband To take
her back and give her another chance.
She told her brother that II he would
give her another chance she would not
go out with any other man. unless he
was along. The idea witness got when
defendant said, Il viii end II ALL" was
that She Intended to commit suicide,
Witness came to this conclusion from
what Mrs. Hamilton said and not from
when the defendant uttered the
words she made for the bedroom and
the recollection OF the pistol being
there flashed across witness mind.
when she caught hold Of Mrs. Hamil-
ton and sat her down in chair
Witness admitted having had a con-
versation with her about the trouble
ON the morning OF March the 9th.
There were no arrangements made to
meet her brother at his house that
dov. Mrs Hamilton had told witness
that Pavey had sent her presents be-
FORE She was married. She told Wit
ness that every time she passed Pa