The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-19
'THI9L OF CAPT. MILLS
NEARS ITS CONCLUSION
Edffncc Is Now All In and Argument For the State
Has Begun.
neendant Nearly Created Scene During Deputy County
Attorney Van Colts Arrangement of Him.

next day came again ana executed il.
on the day of the shooting he saw
Mills about o'clock in the afternoon in
the chiefs Office in the police station.
Had some little conversation with him
there He went there upon telephone
request from the chiefs office. Mills
appeared at that time to be laboring
under a very considerable state OF
mental unrest and suffering; there
were some expressions Of friendly feel
Ing exchanged between them.
Did he make any request of you in
, reference to judging him.?
Yes, Ia spoke of that, and repeated
twice. L Ink, YOU wouldn't kick a
man when he is DOWN."
On cross examination witness said
on the day Mills first came to his Of
fee he observed that ne omitted his
wife as a legatee in the VIII de
called his attention to. it and asked if
that was his wish and purpose There
was an apparent indisposition upon
Mills part to discuss that matter he
seemed grieved and distressed and
wept quite copiously.
Jailer Thomas Recalled.
Jailer Thomas was recalled by the
defense and questioned as to whether
he had had any experience with insane
persons since ne had been in the jail
He answered that about fifty or sixty
Ca1as had come under his observation.
On crOSl-eXamiuatiOn he SAID that be
had never tried TO convince other peO-
pie that Captain Mills was insane. The
county physician had asked for his
opinion on this subject and he gave it
to bim
The defense rested its case. and the
prosecution called in rebuttal Miss Cora
nnal- n sd - y
met the defendant in Cheyenne while
she was visiting there last summer.
She saw him on Sunday. Sept. 30. about
o'clock in the evening at her home in
this city. He came to bring messages
from her sister.
She noticed nothing unusual or pc
culiar in his manner or conversation.
The next day. on her way to church.
she met him on the street and they
went into church together. and after
wards he took dinner with her at her
boarding place She noticed nothing
remarkable about him that day
VI. T. Gunter, the next witness, stat
ed that he was an attorney at law. aid
az present assistant county attorney
he saw Captain Mills about 3 o'clock
on the evening OF Oct at the city
nall Was introduced to him and Mills
rose and shook hands He had some
conversation with defendant. Chief
Hilton was present and hir Sheets
The chief turned TO ar Mills and adj
vised him of his rights: he told him he
was entitled to counsel, and if he
wished counsel they would send fer
attorneys.
Mills said Mr.. Williams had always
acted as his attorney, and he would
have Mr.. Williams telephOned for Mr..
AAFflIrar1e -arrHrlr,f~ Ii
and Mills next suggested Judge Powers.
who was telephOned for
In the meantime Mills had got up and
was walking TO and fro with his hands
behind him Witness was standing at
the window and Mills came up to him
and looked down and thought and said:
Mr.. Gunter that was a very. very un-
pleasant duty to perform. lie stood
there a few minutes. then began again
to walk to and fro and then laid down
on the sofa.
Mrs. Riddles Testimony.
Mrs. Susan Riddle testified that she
lived at The Halls, otherwise known
as the Ricketts, block. in this city. He
gave up his room there a few days be-
fore the shooting, but stored his trunk
and grips there, on the day of the
shooting he came up to the house be-
tween 2 and 3 in the afternoon, though
IL was nearer 3.
He said he was sorry to trouble her
again, but he wanted to go into the
storage room to get something. She
thought he had gone to Cheyenne, and
was surprised to see him, and said.
Are you hack already?"
Detective Sheets testified that he saw
Captain Mills the day of the shooting
&C the Oregon Short Line building and
again at the chiefs Office.
Did you make any statement TO him
as to his motive in shooting O'Mel- /
veney?'
Yes sir. I told him there was some
rumor on the street To the effect that
he killed this man over a position. He
turned and said. Tt wasn't true He
made an absolute denial of it,
Witness was in the Office again about
o'clock in the evening: had some con-
versaticn with Mills and Mills asked
him whether "a man had ever been con-
victed for killing a man for seducine
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