Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-04

The state gained quite victory In the
Clyde Ellison case this morning when
Judge Morse granted the motion, made
' by Judge Powers on Saturday, TO
strike out all Of the testimony of four
of defendants witnesses. The tesu-
mOny stricken out relates to the alleged
visit Of Mr. Watson and Mrs. Ellison to
Becks Hot Springs on the day after
election. The court instructed the jury
TO In no way whatever consider the tes-
tlmony of the witnesses Mrs. McNam-
ara. Johnnie Mcnamara, Mrs. Murray
and Mrs, Proctor, whose testimony was
included In the motion.
The loss Of their testimony Is very
serious one to the defense as Il was con-
sidered the strongest evidence adduced
at the trial to prove the Illicit relations
between the deceased and the wife OF
defendant. The court held that the tes-
timony was not connected with the
case and not material for the reason
that II does not appear that defendant
knew anything OF the alleged visit prior
TO the shooting
The usual crowd OF interested specta-
tors was present In court today The
state commenced Its rebuttal testimony
and examined several witnesses at the
morning session. Nothing new or
startling was brought out In the tesll-
mony however.
MOTION ARGUED.
At the opening of court this morning
Judge Morse heard additional argu-
ments upon the notion made by Judge
Powers on Saturday, TO strike out All
the testimony Of the witnesses, Mrs.
Mcnamara. Johnnie Mcnamara, Mrs.
Murray and Mrs Proctor, In regard TO
the visit Of MIR Watson and Mrs, Eli
son to the Hot Springs on the day after
rhe election. MIR. Truman argued
against the motion and read from a
large number Of authorities to support
the contention Of the defense that the
Testimony of those witnesses Is certain
| ly material and admissible,
The state offered no further argu
ment on the motion. whereupon the
court ordered the jury returned to the
court room, II having been excused
during the arguments. In delivering
his decision on the motion and In In
structing the jury in regard to the
evidence, the court said
DECISION ON THE MOTION.
1.-THE motion to strike out all the
Testimony OF Mrs. Mcnamara. Johnnie
McNsmara, Mrs Murray and Mrs
Proctor In this case Is sustained and all
| the testimony Is hereby stricken from
| the records OF this case. Gentlemen
OF the jury. the court has ordered all
the testimony Of the above named Wit
nesses stricken from the records OF this
case and the court instructs you that
you are not to consider any of their
testimony for any purpose whatever
connected with this case" The de-
tense entered an exception to the rul-
Ing OF the court and TO the instruction
10 the jury TO not consider cny OF such
testimony,
DEFENSE RESTS IT'S CASE,
Judge King then announced that the
defense rested It's case, their expert
witness DR.. Stewart, not being called
70 the stand at all The state then
commenced its rebuttal testimony.
hEDO Ahls 1 Hs0l lMpN l.
L. c. Penrose, a News" reporter, was
The first witness called. He testified
that he was acquainted with defend
ant and had a conversation with him
about two months before the shooting
IN which Ellison told him that he was
going 10 get a divorce from his wife.
judge King objected 10 the testimony
on the ground that the defendant did
not deny the conversation and hence
the witness was not impeaehing the
DEFENDANTS testimony. The objection
was sustained and the witness was
withdraw for the present, pending an
examination Of the record as TO Eli
sons testimony on that point
LIVED UPSTAIRS.
CHARLES NJ. Dupont was Their called TO
the stand He stated that he and his
wife lived In the upstairs Of the Wat
son house from April TO the first part
Of November last year. They were
there an the time that defendant and
his wife were there He testified that
he and his wife occupied all OF the up
stairs Of the house excepting one bed
room, which was occupied by Mr.. Wat
son after the Elligon's came to the
house
state. II you know, which room was
occupied by Mr.. and Mrs. Ellison as q
bedroom"
They occupied the back parlor of
the front parlor.'
WATSON AND THE TELEPHONE,
state whether or not during the time
Mr. and Mrs. Ellison were there, you
ever saw Mr.. Watson 20 down TO the
telephone IN the lower hall during inc
night time in his nightclothes.
The question was objected to by the
cefense and the objection sustained by
the court District Attorney Kichnor at
tempted To show by the witness how Ell
lson happened to go 10 Watson's house
70 live, but the court sustained the oh.
JcttiOn OF the defense To such testimony
and didn't allow the witness to answer
the questions.
SAW ELLISON DURING THE NIGHT
state whether or not. while the Elll-
sons lived there you ever saw Mr.. Eli
eon durins the night?'
Yes sir did"
!, Where DID YOU first see him.
frst saw him al the front door
WHAT time at day or night was it,
don' remember what time at night
as, hal gone TO bed and was
UP by the ringing Of the door
.iow did you happen 10 see himy'
El"Ihe bell woke me and wen; down
nc door and let him in."
WHAT Is y1ar best Judgment as T.
L. tnie OF night n Wae7"