Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-05

ALLEGED INVESTMENT DENIED.
Defense Expects to Show That Let
ters offered 10 Evidence Are
lOrgeries.

lllNN liNN4NN Nl " ffUNNAAlAhl IhAAI'
were made today in the hearing of the
case Of Emma !. Keen VS.. Thomas j.
Nippar now on M the federal court, It
win be remembered that Dr. Keen
cluimod that she had invested the sum
OF $500 with MI Nlpper ia the sheep
business, a share of the pronts from
Whica business she now sues for. in q
statement for the defense, made short
~ after the opening Of court today,
Judge Powers said to the jury that
they would show beyond the peradyen-
turc e doubt. that Dr. Keen had new
er invested such sum or any sum at
an with the defendant that during her
visit TO Boise, at which time she claims
10 have made the Investment, she was
absolutely without money so much 50,
I'm fact. that neither she nor her mother
had sufficient with which 10 return
home. Counsel further said that they
woul show TO the jury that the lex
tiers introduced I'm evidence as coming
from Mr.. Nlpper TO Or. Keen, had been
tempered with to the extent that the
statements concerning business had
words which had been erased
At the hearing OF the case late yes
terdly afternoon dispositions were read
from Mrs. Lykns, Or. lteen's mother,
and Mrs. Susan u. WurnZ, a sister. The
former testified that her daughter had
between $4,000 and $4,000 when she went
TO Idaho to visit the Nlppers. this hay
ing been realized from the sale OF
horses and cattle from the Lykins
ranch,
The reading OF Mrs. LyKlns deposit
tion was continued this morning, the
lady tcstifying as TO her husbands
business affairs and stating that he
owned a ranch Of IA acres In Colorado
and another of 1000 acres In Kansas.
She testified as TO the manner In which
he carried on his business, stating that
he never gave a check In his life but
that frequently he carried as much as
$4,000 at a time The deposition also
said that Mr.. Nipper approached Or.
Keen, stating that he would give any
thing TO get his letters back as he
feared they might cause him trouble In
a business way This was In 1891 at
Iongmont, Colo, The lady also stated
that the payments made TO Or. Keen
were understood by her as interest on
the money she had invested.
PASS BOOKS IN EVIDENCE.
At this point counsel for plaintiff
offered in evidence the pass books of
Mr.. Nipper, showing business trans
actions with the First National bank
of Idaho and the National Bank Of the
Republic OF Chicago, The former
showed deposits aggregatng S5SlO692,
while the latter showed a deposit made
Aug. IS, 1880, Of $j6,500.
A GENERAL DENIAL
Judge Powers thcn outlined the case
for the defense stating 10 the jury
mat every material allegation that had
been made by plaintiff would not only
be denied but would be absolutely re-
futed through the testimony that would
be offered In evidence. lie stated that
the defense would show that there had
been no business ENHANCEMENT between
plaintiff and defendant, but that on
the contrary the defendant had given
the woman money out of his own pock-
ct in order TO satisfy her demands.
They would also show, said the judge,
that MIR Nipper had been bounded for
years by the plaintiff and that she had
no other object In view than to get
what money she wanted from him,
They would show also that Mr. Nip
per had educated the woman at his own
expense and that she had promised
to repay him after she got thoroughly
established as a physician. The
amounts paid to her, he said, had
reached the sum OF something over S.,
o. Ihey would also establish the fact
~ -. t...tee,.. ,...ti,.,. .,.t.1 o., L.,
fendant that she was not pleased with
her daughters conduct, and that she
advised him not To give her any more
money. It would be brought out that
she had been making demands upon
him continually aud that when she
learned that he was about to quit she
increased her demands to $1,000. Judge
Powers likewise said that the defense
Id,u sn1M I' AZ, NV h ,e, V gn o NJ" n
make IL appear that business part
rcrship existed between them,
,tpe Ntppppte r,r,srtlfnNy
Mrs Nipper wife OF the defendant,
was then placed on the stand, aud testi-
fed that she had been subpocnded 10
appear IN plaintiffs behalf Questioned
BY Judge Richards of Boise the witness
stated that she had first met him
tRichardsl In 1900. but had had no cone
Nersation with him prior To that time
concerning trou'es between her aud
her husband. 4 letter said to have
been written BIZ her TO DU Keen. was
shown the witness, who denied positive
Iy that she ever wrote such letter
Tho missivc threatened plaintiff with
Violence did she NJ leave Tom lMr,
Nirper) alone.
..,,,..,,,.,.,,-., ,,,.,D
phIO9l Al'''' ''I''N"'
'rhen followed the depositious Of
Gaoree n Iedyav. rashicr of the First
Nati0n,l bonlt Of Idaho. and of j. j,
Rvars a ronchnan living three and a
h9Ir miles from Boise. These referred
mrincinnlv 10 Air MINERS business az
fairs oitGouph Tho latter smoke of the
"Reminiscences ryistinc between plalnuW
,.,,,r,,,,, 90, ,r,,,. ..,.,>.r
sbortlv hefore noon Mr. Winner took