Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-16
DR.. PAYNE CASE
NEARING AN END
viii Probably Go to the Jury This
Afternoon,
FINAL ARGUMENTS TODAY,
District Attorney EichnOr speaks for
The Prosecution and Attorney
ManIess tor Defense.

The trial Of the Payne murder case Is
drawing To close In Judge Morse's
court. The final arguments are IN pro-
gress today and IL Is very likely that
the case win be submitted to the jury
late this afternoon. At tbs opening Of
court this morning. Dist, Atty Eichnor
made the opening argument Tor the
state, concluding the same at IL o'clock
Attorney Wanless then commenced the
final argument for the defense and viii
probably conclude by ABOUT 8 o'clock
this afternoon, after which the closing
argument lor the state viii be made by
MI Elchnor and the instructions given
to the Jury by the court and the case
finally sumbitted.
MRS. Payne and child occupied their
usual seats beside the defendant They
were accompanied In court today by
several lady friends and all seemed
very much interested In the arguments.
Prof. Mckay and wife were present as
usual.
The only rebuttal testimony introduce
cd by the state yesterday afternoon was
+. g. Davies, who testified that DIR.
Payne was treated well during the time
he was IN the city jail. Mrs Payne was
then recalled by the defense and stated
that the first she heard Of the case was
FROM the newspapers. She stated that
officers came TO her home about
o'clock in the morning and told her that
the doctor was mixed up In a woman
car IA huf ha hA In
the morning as there was no evidence
against him.
ARGUMENT FOR PROSECUTION
In making his argument this morning
Dist. Atty, Elchnor said IN part;
Gentlemen Of the jury, the law In This
state makes a person VITO attempts
criminal operation upon woman and
she dies from the effects OF the same
guilty OF murder in the second degree
II is not neCessar' for any malice TO be
shown but merely the fact that an OPP
Grafton or an attempted operation has
been performed and the death OF the
woman from the effects OF the same.
The information charges that Miss Hill
died either from the chlOrofOrm given
for the purposes Of the operation or
from the effects Of the operation, and
Il Is only necessary FOR the state to
prove that her death was caused from
either one or the other AS I stated
in. " opening statement the evidence
Ia rely circumstantial in this case,
AS TO THE FACTS.
Now, gentlemen. as 10 the facts.
Miss Hin was school teacher In this
city and was about 30 years OF age and
lived with Mrs Mckay, her cousin.
Mrs, Mckay stated that she left home
between and O'Clock on that day.
Mr.. Mckay stated that she ate very
| light breakfast, which shows that she
contemplated the operation and had
been instructed not to eat a heavy
| breakfast. Another fact that shows
that operation was contemplated is that
Dec, 20 was the beginning Of the Xmas
vacation and II Is very natural that she
would have the operation performed
then so as to have two weeks in which
| TO recuperate. Miss Bond stated that
she saw Miss Hi az about l0:30 o'clock
! that morning and the next thing We
| hear Of her is In Auerbachs store at
| about 1880 o'clock where she pur-
chased some CheeseCloth used for sur
glcal purposes. The evidence shows
that she must have walked around the
streets for some time and II is imposa-
BILE that she could have performed the
| operation hersSlf and then walk around
| town as she did
Next, Mr. Smith said that he saw a
| lady enter the stairway leading TO Or
| Payne's office. According to the state
| ment Of Dr. Payne himself, Miss Hill
| was In his office about an hour, from
Z Oh. 4 ia 4 %
pute as to Dr. Payne going TO the po-
| lice station and the story he told at the
! station, The next We see Miss Hll In
| DR.. Payne's office lying dead. This
| cloth with It's blood stains was found
| on the body Of Miss Hin What did the
| autopsy reveal? There is the attempt
| ed operation, and the statement Of both
| Drs, Mayo and Odel that she could
not have performed the operation her
! self Both witnesses testified that she
dice from paralysis OF the pneumogas-
trio nerve caused by the administration
OF an anaesthetic
THE CAUSE OF DEATH.
"Dr Mayo stated that If she
] had died from conVulslon.
| the cause Of the c0nyulsions would
have been evident al the autopsy. IN re-
was no cause OF commissions Let us
look al Or Payne story. He said
that he gave her modi Inc which con-
tains ingredients that ave used 10 re-
! NNe persons from the effects of chlor3-
form or other drugs Mr. Wanless
| h0Hled about Detective Chase destroy
ing evidence why there Is no dispute
about the contents uf the medicine. bat
yet Mr. Wanless didn't have the new,
To ask Or, Payne on the witness stand
-, yesterday what tina, medicine was used
for Dr. Payne says that he worked
with that woman i0y an hour Yet he
didn't call for any assistance lie didn't
20 and ask Mr. Smith the druggist =
assist him, lie said that Miss Lyon
came 10 the door while Miss HIN was
there. Gentlemen II that Is true. you
know that he would have called her In
TO help him.
DR., PAYNE SCORED.
"He tells you that he locked his OF.
flee up and left Miss I'm there diving
Gentlemen. a man wouldn't have left a
dog to die IN that way, A man who
would do an act like that hasn't the IN
gtinct Of humanity He has an aban.
doned and malignant heart Such an
act Is the act OF the devil himself,
When Dr. Payne locked his Office and
went 20 the police station that day
without telling anyone about this mat
ter he was running away from his
| crimel
Now what dId we find at the office
OF Or. Payne? There was Miss Hills
hat coat aud rubbers. which had been
removed You know that II a person
feels lige vomiting be don't care wheth-
er his rubbers and Jacket are removed
or not What difference could Il have
made whether Miss Hills' Tubbers were
removed or not? Gentlemen. In conclu-
sion, ] VIII say that we have proved
TO you that she could not have per-
formed that operation herself and that