The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-13

SCENE IN COURT
Or. Dubois Calls Witness For
Prosecution a Liar.
STATE HAS RESTED ITS CASE
MOTION OF DEFENSE TO DISMISS
TAKEN UNDER ADJUSTMENT.
Special to Tho Hersid.)

n O4obH 4ua-B sept Las go liALS
X afternoon the state having rested
its case. court adjourned until
O'Clock Monday afternoon. at which
time the decision viii be rendered on
the motion Of the defense for a dis
nissal Of the charge against Arney and
Dubois.
The feature OF today's session or the
court occurred just before the noon
recess. The state put Travelling Guard
Meacham of the penitentiary on the
stand. and he told OF meeting DR.. Du-
bois. one IF. the accused men. on the
street last evening after the adjourn
ment OF the hearing. They entered
into conversation and the doctor told
him that chinn. whose testimony to-
day was the means Of so arousing pub
lie interest in the case against the ao-
cused officials, had told nothing but
the truth in his testimony, and he was
glad 20 see that he had INDUCED in no /
wild stories and respected him for IT,. Z
Lie Passed in Court.
The doctor had been listening very
carefully TO all that the witness was
saying. and when the witness stated
that he had been further told in tha
conversation that the doctor was very
much surprised when he got 10 the PEN
itentiary that night and found that
thing in the bed" thereby practically
admitting the charge against him, he
raised up in his chair and called out.
Tits q lie" There was a moment OF
intense strain in the court room. the
spectators not knowing for minute
| how the witness might take the state
/ ment. and fearing there might be a
| personal encounter between the two
| men; but the witness. although in
! tensely excited, referred the matter 10
/ the Judge, asking for the protection OF
the court Although he had not per-
/ sonally heard the offensive statement.
as he was busy with his typewriter.
taking down the testimony. Judge
| KOelsch took the matter in hand and
admonished the defendant that such
statements would not be permitted.
Adjournment for the noon recess was
taken a few minutes later.
The morning session of the court was
scheduled TO begin at $3.50. but Il WAS
nearly an hour later before II was
called 10 order. There was no trouble
about the crowd. as il had generally
become known that none but the inter-
ested parties would be admitted.
Testimony Of Guards.
J.F. SheIlworth. a guard at the pen
itentiary, was the first witness called
this morning. Mr.. Chinn sent him for
a physician for Mrs. Kensier, but he
did not remember tho exact date. he
saw DR.. Dubois between and 20
o'clock in the evening, but did not
know the nature Of her sickness. Mrs.
| Kensler assisted IN the work at the
Warden's house for some time. There
were men working there at the same
time.
Guard W. NJ. Parsons was the next
witness, but nothing was obtained from
his testimony different from the pre-
ceding witnesses, except that be hXes
the time OF DR.. Dubois visit 10 Mrs.
Kensler at between II and 2 o'clock.
He did not know Mrs. Kensler was sick
until the arrival OF DR.. Dubois.
Joseph A Neibaur, the next witness,
is also a guard at the pen. He was
on night guard duty when DR.. Dubois
visited Mrs. Kensler, between 10 and
II o'clock, which was. as near as ho
could remember, between July 20 and
Is. re saw DR.. Dubois come from the
new cell house with Chinn. and he said
that Mrs. Kensler was better. DR.. Du-
bols did not tell him what allied her.
only that she was very sick Mr.
Hawley did not cross-examine Nell
baur.
Dubois Got Mad.
Clinton Meeham. travelling guard aud
exchange turnkey, was next sworn,
= and toward the end Of his examination
an unexpected diversion occurred Ask
ed if he had had a conversation with
, DR.. Dubois he said. Yes, yesterday
; afternoon. DR.. Dubois told me Chinn
= had told the straight truth. and that
he was a gentleman. and he respected
[ him for 50 doing: that Il had been re-
/. ported in town that Mr.. Chinn could
f tell some large Doodle stories, but he
I had told nothing but the truth. and
q he was glad OF II"
? Mr.. Martin asked: 'Tn this CONVEX
. satlon YOU refer TO, did DIR. Dubois
- make any statement as 70 what he
J. found when he attended Mrs. kensler
on the night OF July p, or in regard 20
; | her condition.,
; "Dr. Dubois said" answered the
, witness, I was very much surprised
, when I went 20 Mrs. Kensler's room
' and found that thing in the bed
, there"
, DR.. Dubois here Interrupted the pro-
= ceedings by exclaiming, ITS a lie.
' Mr.. Mecham called the courts atten-
= ton. and asked protection. saying. i
, don't allow any one % cal me llar-
; Jadge Koelsch reprimanded DR.. Du-
, bois saving he was liable for contempt
' ana that no remarks would be allowed
, by him or any one else except the Wit
nesses.
Mr.. Hawleyis Position
y Before the afternoon session Of thf
Al court began, Attorney James S. Haw-
n lev for the defense, made statement
IS IN the newspaper men asking them d
t. DENY the statement that had beeom'
f. rumOred about that he vas the altor-
, new for Mrs. Kensler al her trial
r He said that on the occasion Of tn
r. conference in the sherifs Office sew
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