The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-12

Il
/ he?" asked the county attorney.
He was always cool. replied the
witness.
Judge Powers objected to the answer
! and asked this question: Was he not
1 in fact the coolest man in the ROOM
| to which the witness replied in the al
/ irmative. On cross-eXamination Judge
! Powers tried 20 bring out that O'Mel-
! Veney had told Critzer that he was
afraid of Mills in his present condition
of mind, but objections Of the county
/ attorney were sustained and the state
ment did not go in evidence. Nor
would Judge NoTrell permit an answer
to the question if Critzer had found
! letters in a wOman's handwriting on
! O'Melveney's desk.
You heard O'Nelveney say after the
j first shot, what are you doing. Fred
you have said that you heard that?'
Yes"
Through that dOor?"
Yes
Now you stated in direct examina-
ton that you heard nothing after Mills
went in?"
I didn't think I did,
well Mr.. Stenographer, please turn
to that" said the defendants counsel
and Mr.. Pike read the statement
did you make that statement on the
preliminary examination"
I don't remember"
General Traffic Manager Eccles was
the clearest and most lucid of the pros
ecution's witnesses.
Mills walked into my Office near
o'clock and said, Mr.. Eccles. 1 have
killed O'Melveney.'
Il said WHAT"
I've killed O'Melveney. I told him
this morning 1 would do it. and I have
done it
When I met the officer I told him to
come with me and / would show him
the man. The officer said in my office.
is this the man who did the killing?'
and in order to satisfy him I said, Fred
did you Kill O'Melveney?' He answered
I did Mills was pale at the time. but
not greatly excited. "
Did you remember Mills leaning
with his hand on your table resting his
head in it without a tremor and with
out shaking?"
Yes"
c. H. Jenkinson. a clerk in the gen
eral superintendent office. c0rrobo-
rated Mr. Eccles, having been in the
office when Mills was there.
Chief Hilton described the finding Of
the body and the circumstances sur
rounding the place when he arrived on
the scene. He identified the writing pad /
found on O'Melveney's desk, the gun, I
a pen and penholder and the three /
cartridges which has been removed (
from the weapon. County Attorney 1
Putnam tried TO make of him an expert /
on powder marks. but the chief declared /
that he did not have sufficient knowl- /
edge Of the subject to say anything /
about the distance at which they are /
made
Did you have in your possession pa /
pers taken from Mills at the police I
stations" asked Judge Powers on cross |
examination
Yes, they are with the county at
torney."
Letters Are Produced.
Putnam got them. at the request Of
Judge Powers, and the latter offered
Ihem III evidence on cTOss-examination.
Dul there were objections from the prose-
CuUOn Ihese papers contain the letter
which MRS Mills wrote to her husband.
pfaeucally making a confession. The
prosecution believes that if the jury hears
the letter its case is lost. and there were
fierce skirmishes on the subject yester-
DAY. Judge NOrTel admitted the letter
Professionally, but later had it withdrawn
ne court holds that the materially of +
the testimony must first be shown. il is
likely that the Introduction will be dis
cussed at great length today
Sergeant of Police Burbidge described
the scene after the shooting as did Chief
Hilton. He said that he couldn't pass an
expert opinion on powder marks when
the prosecutor tried to make an expert
Of him
DR.. Anderson told of his post-mortem
examination, describing the wounds at
some length. He was proceeding in a
technical manner, when Judge Powers
I object. We don't want an intellectual
and lmrnaterial display Of pyTotechnics -
What lobe did the lower bullet pass
through?' asked Judge Powers on cross
examination.
The anterior posterior lobe of the
Are. you sure it didn't pass through
That subdued DR.. Anderson's technical
olSplay- he didn't know if it struck the
lobe
When it was all over it was discovered =
that the county attorney had forgotten
to ask DR.. Anderson the most important
question. There was no statement by the
doctor as to whether or not the bullets
had caused death.
Mr.. Browning. the gun man was called
as an expert on powder marks but he
refused to become one. Later he was re
called and he offered the opinion that the
pistol was two and one-half feet away
when the shot was fired.
Officer Lincoln told Of his arrest of
Mills and COTrObOrated Mr.. Eccies J. H
Douglas. an Oregon Short Line employee
cofroDOrated statements made 10 Jenkin-
son by Mills.
That was the en.t Of the prosecutions
case. what It viii offer in rebuttal when
the defense finishes is not known Though
u was near time to adjourn court. Judge
Powers began the opening statement
which he viii finish this morning.
Powers Opening Remarks.
omitted the motives in this case, said
he. Il don't say this by way of criticism
but as a matter Of fact
snail show YOU why Frederick J.
hot NN.aA
Oct. Of last year. / shall bring upon
the stage the story of a false friend.
shall tell YOU the story Of a friends per-
1dy and q wOmau's weakness. We shall
show that the defendant is moral edu-
Gated and patriotic 1t has been dis
closed by the state that he is quiet and
rtserved, but the facts viii snow you
that when fully aroused he becomes a
He is 50 years Of age. born of sturdy
5cotch parents To elucidate our defense
It viii be necessary to show you this
mans life. He is Of the intellectual
rather than of the physical type He
spent three years at a university sent I
there through the kindness Of an old
village preacher and he chose civil en-
cheering as his profession
In 1887, after having gone to Montana
where he worked on a ranch, ne came to | ,
Pocatello and procured a position as a
craftsman under the dead man. John C. I
,, MelYeney. Later he Was given charge
II an engineers party. He was under
D Melveney and c. K Bannister a well |
Known engineer Of Ogden. In 1889 he be-
anne principal assistant engineer on the
Union Pacific, but subsequently resigned
md took up his private practice in POca-
clio. He met girl of Idaho i years of /
ige. who became his wife and she is his
wife today. They were married April 49, / {
S9S. at Alameda CAL and. returning. |
hey built a home in Pocatello as good as ,
my there. He was elected a member of 1 .
he legislature and later was elected lieu I
f4,f a1I
state engineer by Governor Mcconnell !
u ls94 q bow was born 10 he familH and | /