Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-22
Judge Morse Rules on Admitting
Haynes Declaration in Hospital,
MEANS MUCH FOR DEFENSE.
By Introducing Testimony IL IL shown
That Haynes Took All Blame
For the Tragedy.

admissible as the dying declaration Of
the wounded man, The statement
which means so much to the defense
md for the admission OF which the at
Lorneys fought so hard, is as follows:
Colonel, It was all my fault, the boy
was not to blame
As further proof that the statements
made were in expectation Of death and
hence admissible as dying declara-
ton, the defense examined DR.. Root,
Col. Kaighn and Miss Jennie Coates
as to Mr.. Haynes physical condition
at the time the statement was made.
II was for that purpose alone that
Miss Coates was placed on the stand
,his morning, and nothing In connec-
ton with the alleged assault was
brought out at that time. She was
very much overcome with emotion dur
Ing the time she was on the stand and
r lady friend stood near to render her
any assistance necessary.
With tears In her eyes and In o voice
with emotion she told of the
visit 10 the bedside Of her dying lover
and Of their conversation, which proved
TO be the last they ever had. She tolc
how he held her hand and, In voice
scarcely audible owing 20 the extreme
weakness OF the wounded man, told
her that he would never get off that bed
alive.
After leaving the stand Miss Coates
retired TO the private Office OF Judge
Morse away from the gaze of the curl
Gus spectators
DR.. Root was placed on the stand by
the defense when court opened this
to prove that the statements
made by Mr. Haynes were made In TX
of death He stated That
Haynes expected 10 die and his condi-
ton was such that death would prob
ably ensue. His condition was such,on
the evening of the operation, that In
the Judgment of the witness, death
would ultimately result although not
In regard to the brulse
on Haynes arm, DR., Root stated that
II might have been caused by a bite.
In answer 10 Mr.. Eichnor he stated
that IL might also have been the re-
suit of other causes.
In the same connection Miss Jennie
Coates was called to the stand and tes-
tilted as to her visit 10 Mr.. Haynes
at the hospital on the evening OF NOV.
26, after the shooting. with tears IN
he reyes and between sobs which at
times convulsed her entire person, the
young lady told of Mr.. Haynes condi-
ton and his remarks to her upon the
occasion OF her visit. She said ne was
very weak and spoke very low. His
weakness was very evident for he mad
to beckon with his hand for Col.
Kaighn to come closer 10 his bedside
50 he could talk to him,
Mr.. Hayens said to witness, Jennie,
I will never get off this bed alive Her
reply to that statement was, 'oh,
please don't say that" Mr.. Haynes
then said, "Never, never" After
brief pause, TO enable witness TO over
come her feelings, she stated that she
thought It best not TO talk TO Mr.
Haynes any more, so she left the room.
There was no cross-examination by
tho state. Miss Coates then returned
TO Judge Morse's private office where
she remained during the remainder OF
the session OF the court.
col. Kaighn was then recalled 10 the
sta nd and also told OF Mr. Haynes con-
dition nj the time the statements,whlch
are sought TO be introduced by the de-
Tense as dying declaration, were
made. He said he appeared very
weak and could hardly talk, his voice
barely being audible d,
The admissiblity OF the statements OF
Mr.. Haynes as his dying declaration
WAS then argued at some Length by SEN
ntor Brown and Judge King In favor
~ the admission, and Dlst-Atty. Elch-
nor against II.
Judge Morse held that the statements
could be admitted as a dying decllra-
tion. as Il was clear, according 10 the
evidence already introduced, that MI
HAYNES was Of the opinion that he was
going to die. The objection raised by
thn state was accordingly overruled.
Coi Kaighn then related the CONVEX
setion which took place between him.
self and Mr.. Haynes IN the presence OF
Miss coates at the hospital.
Witness. when he entered the room
NJ The wounded man said. "Mr. Haynes,
I am sorry to see you here lie loon
Tho mans hand and Mr.. Haynes then
said colonel, II was good OF you 10
come, wanted to see you. Then' alter
a pause, he continued, Colonel II was
all my fault the boy was hot 10
blame" He then beckoned TO MISS
Coates. said the witness. ana saiu 70
her, Jennie, will never get OH TINS
bed" ,,
on eross-examinatlon Col. Kalghn
stated that he considered Roy OF un-
sound mind for two or three months
to the shooting and, notwlth-
standing that fact. he did not call IN
physician TO attend Roy. but allowed
him TO attend school at the state uni
and also allowed him to keep
revolver In his room at home
John Shea, the night iailer at the
county jail, testified that when Roy was
brought TO the Jail he was excitable, red
In the face. his eyes bulged out and were
nnusually large. lie didn't talk to the
boy that afternoon but the next day he
talked to him and he didn't seem TO be
improved at all. II was about month
before Roy evidenced any Improvement
whatever. He thought the prisoner
looked as n he were under the inhu-
ence OF some drug.
ON cross-eXamlnatlon he stated that
Roy loked little wilder than other
nersons who had committed murder
and were brought 20 the iail He said
that Roy had never asked him Tor
whisky. cocaine. morphine or any other
drug during his Incarceration.
The court. at the conclusion OF Mr..
shea's testimony, took a recess until
O clock.
THIS AFTERNOON.
At the opening Of court this after
room, Col. Kalghn was recalled by
DIST. Atty. Eichnor for further cross
examination. He stated that Roy was
arraigned on the charge OF assault
with intent 10 commit murder before
Mr.. Haynes died and was bound over
10 the district court. He said he made
no effort to get the deposition OF Mr.
HAYNES In regard TO the statements
made at the hospital on the evening OF
Nov. 20. 1901. notwithstanding the fact
that witness well knew that defendant
had the right to have such a witness
examined conditionally.
Miss Coates was the next witness
called. She stated that for three
prior TO Nov. &c, 1901, she lived
with her sister, Mrs. Col Kaighn. She