The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-05-11
TESTIFIES FOR SELF
Mrs. SouthWelI Goes on Witness
Stand in Her Own Behalf in
Attempted Murder Trial.

Provo May 10-The state rested today
in the Southwell case. They did not put
on Hyrum Smith. who swore to the COM
plant, and who testified in the prelimin-
airy examination. where he showed great
vindictiveness toward Mrs. SOuthwell.
and testified that after John was shot he
tHyrum) had given John a pistol and told
him to "kiH the 49, -"
After the evidence for the state was
all in Judge Powers made the opening
statement for the defense, which was TO
this effect. Mrs SOuthwen became ac-
quainted with John Smith about two
years ago. while attending social gath
erings, which she was encouraged to at
tend BY her husband he caring little for
such things Smith gained her affections
and finally induced her to agree to leave
her husband to marry him. Arrange
ments were made for her departure.
previous TO securing her divorce, and the
date was set for her departure for that
purpose. Then she learned that Smith
had gone away and married another
woman. She became overwhelmed with
shame and remorse, and thought of her
father and mother and child. whom she
had disgraced. and of her husband 20
whom she had been faithlesS Her mind
became affected; she could not sleep and
could not eat, and thought she must Kill
herself. She fought against this feeling
but could not overcome it, she sent for
the pistol for the purpose of taking her
own life. The day before the shooting
Smith came back. and she saw him pass
the house She was then suffering great
pain in aer head, and in regard to the
Shooting she does not remember anything
definite. She remembers something of
struggle and of coming to Provo but does
not remember anything distinctly.
The first witnesses placed on the stand
BY the defense were J. NJ. Miller, Mrs.
Nerve Bowen and other Cotton citizens,
who testified to the peculiar and unsound
actions of Mrs. SouthweA prior to and
after the shooting. They also tesutied
l that. previous to the shooting. her reputa-
ton for peace and quiet had been good
w R. SouthWell. the husband Of ne
| PENDANT testified that up TO about two
wears ago the relations between his vile
ana himself had been pleasant. After
1 that he noticed a change in Mrs. South
well. she became Indifferent to her
/ household duties and somewhat reckless.
/ About two weeks before the shooting
/ she. gave evidences Of laboring under
/ great mental Distress This continued
! and increased up to the time of the shoot
! ing. He described her actions previous TO
[ the shooting, testifying in regard to pac-
: ing the floor, acting in nervous, excited,
/ sIeep nights. and unable to cat he dfd
I not think that she was in her right mind
/ He tried 10 find out from her what was
! troubling her. but could get no exDiana-
/ ton. When he first saw Dis VIE aIlei
/ the shooting she was walking around
! wrriugfng her hands and saying that snt
/ ~ S--Sel-ed hjs home and could not live
I Mrs Southwel testified that she was
| horn in LeavenwOrth, Kan. thirty years
AGO. and that her parents lived IN Kan
/ sas CITY No She had lived in Utah aooul
/ seven wears and at Cotton about Iou'
years and became acquainted Win JONI
smith in January, 1900. They became
well acolafnted and he gained her affec
/ fio-s irnon his suggestion she agreed
( To leave her husband, 90 TO Kansas III.
and obtain a divorce, and after ina
1 there were improper relations betWeei
| tber and She was making arrangement
| To 20 avav. She spoke in a slow, duie
/ Tone or voice up to the time when 81
| began n relate the cause Of the ShOOUng
; when she became quite excited ana IN
, randi clear tone OF voice she sald 81
! tboqrgf,f of how she had disgraced ne
| r,1- ia father and mother and her child
! and how She had dragged the honorabl
name Of her husband IN the dirt; how Nll
/ sbe had become-shc could not contr1
} ! herself AT this point she arose an
walked RAPIDLY on the PLATFORM ana VII
/ bov-ed head exclaimed: on, the ols
grace. what have / dOne2 ] cannot i've.
! / ar bpinR told by the judge to quiet neI
80 size sat down. and buried her FAC
/ 81 her hands remaining in that posluo
Gov some time. After regaining her CON
-,1,e.,-ro she stated, as had been outlined D
> Ts5SS-e Powers, that she was m sue
s,sarfa1 and physical distress that she OF
not have a clear recollection OF Wna
sid she had sent for the gun 90 kill hei
o The arguments to the jury viii be mad
& hIcBeth Of Payson has commence
0 / suit AGAINST Levi A. calvin. John 2
Tanner and A. SaNey Tor Sz~ eeln.tS
D / and asking for a perpetual restrainin