The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-06-14
STATE RESTS IN
DR.. PAYNE CASE
Defense Moved That Charge of
Murder Be Dismissed.
REQUEST REFUSED BY JUDGE
PRISONER ON STAND TO TELL
ABOUT HIS FINANCES.

The state rested in the DR.. E. S
| Payne murder case shortly before II
! o'clock yesterday morning and imme-
/ dIately afterwards Attorney Wanless
moved that his client be discharged on
the ground that there was not sufficient
/ evidence to convict. Judge Morse over
| ruled the motion without giving the
| district attorney an opportunity to re-
! ply to the arguments Of the attorney
for the defense.
Dr.. Payne then took the stand. 1t
was not to testify in his own behalf
but % be examined ia regard 10 MS
{ personal property. He had previously
filed an affidavit OF impeCUniOsity and
I asked that the state bear the expense
o. two witnesses in his behalf They
are Dr. H. A Anderson, who testified
AZ The preliminary examination, ana
Hattie Green, the alleged shOplltter-
Payne and His Property.
District Attorney Eichnor was Of the
opinion that DR.. Payne had more prop
erty than he swOre ne owned, and was
not entitled to any relief from the state
IN the way Of paying the witness ices
for the defense. The doctor swOre that
the only property he owned is his house
a. l59 East Sixth South street, which
he is paying for on the installment
plan. He said he still owes S1.100 on
not been able to pay a cent upon the
principal. and that the interest upon
the same has been accommodating all
that time
When the defendant left the witness
stand he asked permission TO visit his
house, saying that he wished to show
II TO prospective buyer. The request
was granted by Judge Morse, who COM
mlssiOned Deputy Sheriff COWan to
accompany him, and under no circum-
stances permit the prisoner to talk
with anyone excepting the man who
l. 10 look at his house, and restricted
their conversation TO the realty deal
The firsS witness called yesterday
morning was A. G. Smith. who con-
ducts a drug store in the same build
ing in which DR.. Payne had his office
lie testified to seeing prepOssessing
woman, greatly resembling Miss Hill,
ascend the stairs from the sidewalk
leading to the physicians office. The
hour he saw her mount the stairs cor
responds with the time Miss Hill was
supposed to have visited the defendant.
Used Druggists Telephone.
Mr.. Smith also testified that DR..
Payne was in the habit of using his
telephone when he wished To consult
with other physicians or to converse
with people. on business matters gen
orally He also said some of Dr.
Payne's patients were in the habit Of
calling the doctor I'D over his tele-
phone Those facts were brought out
by District Attorney, EiChnOr to show
That DIR. Payne apparently had no eX-
CuSa for locking his Office door and
walking over to the police station to
inform the authorities that a woman
had died IN his office, that he could
have used the Smith drug store tele-
phone
The next witness was City Engineer
L. G. Kelsey. He was called to tes-
tlty as to the exact distance from the
doctors Office to the police station. He
said it measured exactly 1854 feet, or
three-tenths of a mile. The district
attorney sought to show that under
ordinary circumstances a person would
not walk that distance to notify the
police that q woman had died in his
room when he could have used a teIe-
phone in store in the same building.
Last Witness For State.
Detective George Chase was the last
witness for the state. He was recalled
solely to identify the roll of cheese
cloth on exhibition as that which h
round in DR.. Payue's Office. It was the
same cloth which Miss Hill purchased
Of Clerk Jackson in AUerbach's store.
1t was at that luncture that AttOr-
ney Wanless asked for the dismissal of
the defendant He spoke at length
upon the motion, and his appeal for
the acquittal Of his client brought
tears to the eyes of Mrs Payne. After
the motion had been denied. DR.. Payne
took the witness stand in support of
his affidavit. When he had been eX-
cuSed, Judge Morse said he would ad-
Journ court until Monday morning a
10 O'Clock at which hOE~ Attorney
Manless viii make his address to the
jury in behalf Of the defendant.
As far as known, Dr. Anderson. Hat
tie Green and Dr. Payne himself Will
be the only witnesses for the defense. (
should that prove 10 be the case. it Is I
expected that the case Will 90 to the
jury not later than Tuesday afternoon .
or Wednesday morning