Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-05-10
PROVO.
soUTHWELL TRIAL.
PROBABLE Line of Defense win be
Temporary INSANITY 49, other Casa

| '"o""N) -Oincf Cases.
Provo Utah county, MAY 1O-Tho
following jury was impaneled n trv
Mrs Lola A. S0uthwell charged Win
shooting John Smith AT Cotton oU
March 81 Eugene Bone. Lehi, 0livor
,,, spanish Fork Martin d.
1ushnan, LEM; Howard Scott. Provo.
Wm. r. Clark, Pleasant Grove. W n
James, Spanish Fork. j. g. Baker. lie.
M 4, ~ Diamond, Springyile. Dis.
trlcl Attorney Hatch and NJ. M. War.
ner prosecuted. Mr.. Warner was an.
ployed by Hyrum Smith. a brother of
John Smith, and who swore 10 the
complaint against Mrs southwell and
he was Afterwards appointed by The
court Judge Powers and JOS Lipp.
man appeared for the defense.
From the questions addressed 10 the
Jurors by Judge Powers Il seems prob.
able that the defense will be tom.
porary insmaty The Judge also asked
the Jurors If they thought Il was right
Tor man to have improper relations
with q married woman and try To
break up a family. He asked one OF
the Jurors II, after improper relations
had existed between the parties ana
an agreement had been made on the
request OF the man and he then had
married another woman, and the wo-
man with whom he had sustained i'm
proper relations had become stricken
with shame and remorse for having
been unfaithful TO her husband to such
an extent that she could not sleep aud
HapiHEH N fglFa las l.
sent for q pistol for that purpose,
then while she was IN this condition
she was seized with an irresistible i'm
pulse 20 Kill the man; that she iught
against II and finally shot him. II he
then would consider her guilty? The
juror answered him NO" He was
excused by the state on a peremptory
challenge
The opening statement was made by
Judge Hatch He briefly went over the
facts surrounding the shooting as re-
ported at the time and at the time OF
the preliminary examination adding
that It could be proven that Mrs
Southwell had sent to Ogden for a re-
volyer day or two before the shoot
ing, This was afterwards admitted by
the defense.
The witnesses for the state who were
present at the time Of the shooting
testified practically as they did on
the preliminary examination.
John Smith, the man who was shot
testified as 10 the wound and showed
the jury where the bullet had entered
He denied having given Mrs, Southwel
N, To- "A ghnANfpg gu1 Aanian
that any improper relations had exist
ed between them.
Mrs. Olive Smith, wife OF Hyrum
Smith, testified that Mrs. Southwell
had told her that John Smith had asked
her TO leave her husband and had also
made threats TO witness against John
Smith, II he married another woman,
saying that II he did so she would Kill
him, saying that II she could not have
him no other woman should
Orrin T.. A. Elmer, the constable who
arrested Mrs. SOuthwell testified that !
Mrs. southwell had not, In his hearing |
used any profane or vile Language IN |
speaking OF John Smith, az had been |
testified TO by J. b. Cardell, She had |
said that Smith had ruined her and |
now he had come back 70 dance around
before her, he Smith knew she was
going away and " he had remained |
away tin she had left there would have
been no trouble
JUDGE POWERS PLEA.
This morning the prosecution closed
IFS case and Judge Powers reviewed
the intimate relations which had exist
cd between Mrs. Southworth and John
Smith prior TO the shooting lie SAID
that Smith had induced Mrs. South
worth 10 apply for divorce from her
husband and had agreed 10 marry her
fixing a dete when they should both go
Ia Kansas. where her family llNed
Later he went to Spanish Fork ana
another lady This so preyed
upon the mind Of the defendant that
she purchased a pistol for the purpose
of ending her own life, but upon soon
coming in contact with smith her I'M,
oulse led her 10 take his life instead OF
Ter own. Judge Powers reclted her
good character previous TO this trouble
and pictured her excited appearance
and condition when the shooting TOOK
place.
Monday at 10 O'Clock was set FOR
W. H. Kershaw.
Nv s. Tanner Ct al VS. JOS. Finlayson
II al defendants given I'LL May Il 10
ale notice OF motion for new trial
santaquln Mining Co. VS. High koller
Mining Co. 40 days additional time
given TO iile bill Of exceptions
FOR MEMORIAL DAY.
The executive committee on Memorial