The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-17
SAY HAVORTH is SANE
Testimony of Experts For the
State.
VIEWS OF DR.. OVENS
MURDER TRIAL May BE FIN
ISHED TOMORROW.
Cspecia1 CorresponasnceO

insane. Dr.. Givens, the 5oted insanity
expert who has a national reputation
as a specialist, was on the stand for
nearly three hours. and he discussed
alcoholism in a scientific and scholarly
manner, led by interrogations of MIR.
Allison. All of the experts agree that
it is impossible to suppose that Ha-
worth is suffering from alcoholic de-
mentia; If he were, they say he would
not be able to control attention, as the
evidence shows HawoTth has done, on
any occupation.
II is noticeable that the four doctors
who testified yesterday for the defense,
DR.. Joyce, DR.. Conroy, DR.. Stewart
and Dr. Scott. all agreed that the de-
PENDANT is suffering from alcoholic de-
mentia, DR.. Scott fixing the term dur
ing which he had been afflicted with
the malady at from four to six years,
while the testimony introduced today
disputes that given yesterday absO-
lutely.
There is but little more testimony
to be taken, and it is possible that the
state will rest on Monday morning
without examining any other experts.
! Dr. Rich should have been here from
ogden today but was delayed, and
the state may conclude that the show
ing made on the insanity phase of the
case is strong enough. in which event
only one more witness will be called
to the stand.
Time of the Murder.
/ Under an agreement between the at
torneys allowing the defense to finish
/ its case out of order, William Flint Of
Layton was called this morning and
/ testified for the defense. His testimony
I was interesting as showing that the
crime was probably committed at about
| 1915 a. N. Mr.. Flint said he was pass
I ing near the scene Of the murder at
about that hour and heard a sound as
if the tin roof of the store had been
/ struck. This is significant testimony
as cOrrOborative of HawOrth's confess
! sion to Deputy Sheriff Abbott.
The state then proceeded with its
rebuttal evidence, and called John z.
| ThuTgOOd, the Bountiful young man
whom John w. Att is said to have ap-
! preached with an offer to pay $40 if
he would get on the jury when an open
venire was issued, as at one time
seemed probable. Mr.. Allison asked
the witness if such a conversation took
place, but Mr.. Weber objected to the
testimony being admitted on the
ground that it was immaterial, and
had no bearing on the case of the de-
PENDANT. His honor sustained the OBJ
lection.
Captain Browning and ". F. Critch-
low of ogden were called by the de-
Tense to impeach the testimony Of Dep
uty Sheriff Abbott as TO a conversation
had with J. F. Fender, city detective
of Ogden, in which the latter is alleged
to have said he met Haworth in Ogden
at 1890 or II o'clock on the night of
March Is, 1899 This was denied by Mr..
ha Gf1 nd
two witnesses examined today, both of
whom testified TO having been present
at the conversation, said nothing of the
kind was stated by Mr.. Fender.
DR.. Givens' Testimony.
The first expert called today by the
state was DR.. J. W. Givens of Black
foot, Ida, who testified in the Mills
case in Salt Lake recently. After testi-
flying to the experience he has had as
an insanity specialist for eighteen years
in Idaho, Oregon and New York. the
doctor said he had visited the defend
ant in this case on two occasions and
had COnversed with him with view
of ascertaining his mental condition.
The defendant made intelligent replies
to questions and gave no evidence Of
being afflicted with alcoholic dementia
or chronic alcoholism. Witness said
he visited HawOrth in jail and
made a thorough physical examination.
He found none of the symptoms of
alcoholism. There was noticeable
rather low order of intelligence, which
may or may not be due to the excess
sive use of alcoholic stimulants, but
nothing in his manner, his speech, looks
or actions, indicated a condition of de-
mentia.
The rehexes of the eye, the hand and
the knee were explained to the jury and
illustrated by DR.. Givens. Mr.. Allison
then asked him If the reflex action of
defendants muscles were impaired and
he said they were about normal. Wit
ness attention was called to DR.. ScOtt's
testimony given yesterday, wherein he
said that the re1exes were exaggerated
in the defendant. DR.. Givens said that,
if true, would he an indication that
no dementia existed, as the reflex &C
ton of a dement, are sub-nOrmal in
stead Of exaggerated.
The witness portrayed to the jury
very clearly that when the condition
of chronic alcoholism reaches the stage
of producing a permanent brain lesion
there is absolutely no chance for recov-
cry. The defendant, he said, had never
been afflicted in that manner. and at
most he had but suffered from acute al
coholism, the remedy for which is to
take away the alcohol. In the opinion
of DR.. Givens the defendant was men
tally sound on March 30, and was in
condition to know what he was doing
when the confession was made.
To Mr.. Weber the witness said there
was absolutely no symptom of actual
or simulated insanity in HawOrth. The
attempt of Hsworth to commit suicide
was gone over in detail and the fact
of his writing a note accusing Sheriff
Abbott, Mr.. Weber and others of being
implicated in a conspiracy to kill the
defendant was related and witness was
asked if that would not indicate an I'M
sound mental condition. DR.. Givens re-
piled that under such conditions he
would feel suspicious that the defend
ant was trying to fool him;
that he had become convinced
that the coils Of evidence
were being wound around him too
tightly to hope for escape, and that
he was choosing suicide as 2 means Of
escape from inevitable conviction.
DR.. Wight Testifes.
This afternoon Or. f. s. Wright Of
salt Lake testified to visiting the de-
PENDANT twice in the Jail during April
and May. On the first visit witness
spent some time in cOnversing with the
defendant and he discovered no evil
denCes Of insanity The defendant was
rational. he talked cOnnectedly. his
emotions were normal and he evinced
interest in current topics. He talked Of
his life, his occupation, his relatives
and in all he was free from any evil
dences Of alcoholic dementia. Witness
did not believe that a man of IS years
Of age would be afflicted with dementia
from the use of alcohol-such a condi-
ton even in cases of excessive drink
ers would develop later in life. On
both of witness visits to the Jail de-
PENDANT was sane, and assuming the
facts TO be true that were stated in
the Interrogation Of Mr.. Allison, wit
ness said defendant was sane and COM
petent on March 90.