Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-13
STATE RESTS
IN PAYNE CASE
Motion for Dismissal Denied by
Judge Morse.
DOCTOR GOES TO HIS HOME
such Permission oesseted Him by the
Court - Files an Affidavit of
impeeuniosity

At 1910 O'Clock this morning the
state concluded It's testimony in the
case OF the State Of Utah VS. d.. L. s.
Payne. which has been on trial for
week before a jury In Judge Morses
court AT the conclusion of the testl-
lnony, the jury was excused until Mon
day morning at 10 o'clock, and Atty.
Whales presented motion to the
court for the dismissal of the case
against defendant on the grounds that
the corpus deficit has not been es-
tabl'shcd by the state, and that no
criminal act has been traced TO the
defendant. or no evidence introduced
20 show any criminal action on his
part.
Mr.. Wanless argued the motion AT
considerable length At the conclusion
Of his argument Judge Morse stated
that he lid not think II necessary to
hear from Dist Atty, Echnor on the
motion, and he Immediately denied the
motion for the reason that II is not
within the province OF the court to pass
upon the guilt or Innocence Of defend
NAAAs @'As " utilNfN tll'l AAfu NlA uiN~
ddVit of impecuniosty on behalf of Or.
Payne and secured an order from the
court for the attendance Of two Wit
nasses. Hattie Lyon and Dr. II. A.
Anderson. on behalf Of the defendant
AMI at ;he states expense.
For the FIRST time since his arrest
DR.. Payne was allowed TO visit his home
today in the custody OF deputy sher-
M. At the conclusion Of this mornings
session OF court Dr. Payne requested
permission 10 so to his home to show
the premises to prospective purchaser
The court grntpl him permission to
10 so, and Deputy Sheriff Cowan was
detailed TO 20 with him and was I'M
structed to allow no private consulta-
tons between pr. Payne and any other
person during the visit. The length OF
time OF his visit was not limited, just
so long as ny conversations We're had
beyond the hearing Of the deputy.
A. c. SMITH CALLED.
A. G. Smith, the druggist at li2 east
Temple street was the first witness
called today by Dist, ATTY, Eichnor for
the state, lie stated that he had
known DR.. Payne for about eight years
and that the doctor had been tenant
Of his for that time. Witness stated
that he has a telephone IN his store
which had been used frequently by Dr.
Payne lie was On The store between
the hours OF u and o'clock on Dec. 20,
1902, and he stated that Dr. Payne was
not IN his store during that time. He
testified that az about II o'clock on
that day he saw a lady enter the stair
way leading to DR. payues office. She
was the only woman he saw at the en-
trance at about that time. On cross
examination he said that he did not
know whether the woman went to Dr.
Paync's Office or 90 some other Office
He could not identify the woman ~ all.
the only thing that he noticed was that
she was very neat n appearance.
He admitted that Or Payne might
have entered his store during that hour
While he WAS behind the prescription
case. Mr. Manless moved To strike out
all the testimony VI Nh, Smith on the
grounds that it Is immateriaL The mo-
ton was denied by the court
MEASUREMENTS GIVEN
City Engineer Kelsey was then called
W tue HAdllNf 1T ANHAlltNh AiAuA Ailt
blocks between Dr. payne's office aud
the police station were 600 feet In length
and the streets were l32 feet In width
Mr. Manless also moved 10 strike out
Mr., Kelsey's testimony, but the motion
was denied Detective Chase was re-
called TO further identify the cloth
which was taken from Miss Hlll's body
The state then rested It's case and the
Jury was excused at 1910 o'clock until
Monday morning.
MOTION FOR DISMISSAL.
Mr.. Wanless then moved the court
that the case Of the state vs. W. T. 5.
Payne be dismissed and that the jury
be instructed TO return verdict OF ac-
qulttal without requiring the defendant
TO introduce any evidence, In arguing
the motion Mr.. Waness said: The