Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-01-14
defense in The
Payne Case.
Docos placed on he Stand and TeSes 10 Circumstances
Leading Up 10 Miss HRS Deah-Ges Excited and
Debates DR.. 5llayo Has hin For HIM Describes Miss
HWS ConuuiSons

The proceedings In Judge Dlehrs
court today In the case Of the state VS.
DR. h. S. Payne, charged with the muir
der Of Miss Anna d. Hill, were OF
highly dramatic character and were
particularly so when the defendant at
tempted on cross-eXaminatIon to ex-
plain away statements he is alleged to
have made shortly after his arrest
concerning the condition Of Miss Hill
when she entered his Office
From the course pursued by Mr. Wan.
less for the defense, 1t is evident that
he viii make a strong effort 10 prove
that the operation perormed upon Miss
Hill was done by herself. and that her
condition, so far as the alleged con-
Nulsions were concerned, WAS caused
by her use of pennyOyal. IL was
brought out this morning IN the testi-
mony of Prof G. n. Mckay that Miss
Hill had box of pills In her room and
that they were supposed to be penny
royal
A great surprise was created when
DR., Payne was placed upon the stand.
He described the dead wOman's condi-
ton when she entered his Office and
sNOre that he had never seen her be-
for But on cross examination he was
put through a most rigorous test of
his knowledge of medicine and Il was
anything but favorable TO the defense.
At times he became very angry and
excited and practically refused To- an
sWer questions asked by Mir. Wester-
Welt until ordered to do so by the court
While trying TO explain the cause and
symptoms Of commissions he became
hopelessly tangled. While on the stand
he denounced ex-County Attorney
Christensen and DR.. Mayo He said
that the latter had had 1t In for him"
for long time and was seeking to
make trouble for him. DR. Mayo had
seat next to the prosecuting attorney
and frequently prompted him during
the examination. Dr. Odell was also
present for a time. Mrs. Payne occu-
pied a prominent seat In the court
room and at the conclusion of this
mornings session, she darted angry
glances at Or. Mayo and said he had
better borrow some money and return
TO college and learn little about med
tention either 20 Mrs, Payne or her re-
mark.
that the latter had had Il IN for him"
ant was very trying TO him. He was
nervous, haggard, very pale and his
eyes We're boodshot. At times he could
hardly speak loud enough 20 be heard.
Finally he said he could answer no
more questions then and said he would
have to leave the courtroom. His at
torney fought hard TO save him from
the ordeal and objected to questions at
every opportunity, The court however,
ruled against him saying that the de-
PENDANT had testified as 10 the cause
of Miss Hills death and the prosecu-
tiun had a right TO cross-eXamine him
upon his knowledge Of medicine
1t Is quite likely that the case will
occupy all Of today and probably he
continued until tomorrow, as II Is un.
derstood that the defense win put on
some expert witnesses.
The defense in the +, S. Payne muir
der case had an inning I'm Judge Diehl's
court this morning As soon as the pro-
ceedings were opened Attorney Wan
less for defense arose and asked the
court to compel the state to elect which
allegation In the complaint was the
cause Of Miss Anna d. Hilrs death
County Attorney Westervelt vigor-
ously objected and In support OF his
remarks cited the Darlington case and
the ruling Of the court
"But, did the attorney for the defense
ask the state 20 elect what caused
dcath?" asked Mr. Wanless
81 Think replied Mr. Westervelt,
that the attorney for the defense knew
the law better than 20 do that"
Judge Dlehl held that the complaint
did not allege that any one particular
net caused death. and the motion Of
Mr.. Wanless was denied
FOUND A BOX OF PILLS.
Prot c. y. Mckay was then placed
on the stand and asked 10 he found a
box Of pills among Miss Hil's effects
He replied that he ala and turned the
box over 90 the police The box was
produced and placed in evidence,
DIR. PAYNE's TESTIMONY.
The defendant. DR.. e. S. Payne, was
then placed on the stand. Answering
Mr.. Wanlcss the accused gave the fol-
lowing testimony:
con the morning Of Dec. 20 I came
down to my office about IS minutes ar
ter TO- Miss Hill came Into my Office
OF about quarter 10 ~ and asked II
was the doctor ] mOtioned her 10 take
q seat She passed by the chair and
threw herself on the sofa. She sighed
and seemed weaHed and soon began
vomiting ! got an ash pan FOR her
10 vomU iu She continued 10 yOmit
and her tongue got thick until she lost
her power Of speech ] took Of her hat
and she attempted to remove
hen rubbers hut removed them for
her. ] held her bands Then ! removed
her coat and set her hand satchel over
hy the table I got her glass Of
water Then 7 heard a knock at the
door. Il was a lady patient bat ! told
her I was busy When I returned to
Miss Hlll she VS. lying on The lounge
and Z saw she was IN commissions
"What ala you do then?'
ct fYtfVn1 SIN ammo ora miles aud wnVn