The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-11

mental in witness opening the CORE
spo1dence. at Mrs. Cages frequent
requests, witness wrote Griffin and af
forwards Mrs. Gage and witness in
Vited him to come to Mdrshalltown.
and ne came right quick, and we had
a good time" said Mrs. Griffin. with
vivacity.
When the correspondence with Mr..
Griffin opened witness had a sweet
heart. and Mrs. Gage told witness to
wait a little; that she had a friend
meaning Mr.. GFidin-who was q fine
gentleman, and that he would just
fancy bright woman like witness
DEFENDANT RESTS.
This closed the case for the defense,
and the plaintiff opened IN tebnttal.
T. z. Barker, examined by Judge
Loofbourow, said the dispositions Of DR..
Payne in the case we're taken before
him When the witness came to sign
the dispositions the doctor did not call
attention 10 some errors which ought
to be corrected and the attorneys did
not say 80 him that they we're matters
Of no Importance. and that it wasn't
worth troubling with. Nothing of that
kind took place, as far as the witness
knew.
Joseph T. Richards. one Of the attor-
neys for the plaintiff, testified that he
was. present when the dispositions we're
read over to DR.. Payne. Dr. Payne
did not call attention to mistakes and
the attorneys did not say they were
iTnmaterial and il wasn't worth while
to trouble correcting them.
MR.. LOOFBOUROW DENIES.
F. C. Loofbourow gave testimony
similar to Mr.. Richards and Mr.. Bar
les OF no had q
conversation with DR.. Collins in Los
Angeles, Cal, about the doctor testify
ing in this case. There was nothing
said to the effect that Mr.. Griffin had
plenty of money and was willing to
spend it; neither was it stated that
Griffin was bound to get rid of Mrs
Griffin and that he would do anything
TO ruin her. Nothing like that ever
took place. 1t was said that it was not
likely the parties could ever be recon-
ciled,
MRS. ERICKsoN's DISPOSITIONS
The dispositions of Mrs. Margaret e.
Erickson were read by Attorney George
Westervelt She ueposed that she
lived with Miss Berlanan in the Har-
mon block and at II East Third South
street in this city. Deponent then de
scribed the rooms, their location in
the building, numbers, etc. Miss Berk-
man and Griffin did not live together
as husband and wife. Witness slept
with Miss Berllman and knew that
they did not. Moreover, Miss Berk-
mans health was not such as to per
NIT her TO live with anyone as his
wife: never saw anything immoral or
suspicious in the conduct OF Miss Berk-
man and Griffin: they were simply
friends the same as deponent ando wit
ness were.
Griffin was very sick all the time he
was at Il East Third South street, and
deponent and Miss Berknan waited on
him until he was removed to the hos
pitaI.
a motion was made to strike out the
( dispositions of Mrs. Erickson, on the
! ground that she had refused to an
/ swer some questions regarding herself
on the cross-examination, and his
! honor took it under 2dvisement.
! M. B. Brown. manager of the Western
! Union Telegraph company, was called
and asked to produce the telegram
! sent by Mrs. Griffin to her father. He
( declined TO do so because it would be
! against the rules Of the company to
| do so, but his honor ruled that the
/ witness must produce the dispatch
| which he did 1t read as follows:
Feb. %. 1897.
! DR. W. c. Payne, MarshalItown, Ia:
| when you get this, telegraph me
/ Your mother sick; can you Gomez II
/ Harry wires you about it, telegraph
! him the same. It's for the best; believe
me. Mr.. Young knows. Now, be sure
and not fail me. Telegraph me at once
shall not bring Harvey.
MINNIE
Several witnesses for the plaintiff in
| rebuttal were absent and further hear
! ing of the case was postponed until
! Monday morning