Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-10
Attorneys for Defense Review the
Testimony and Pay Their
Respects to DR.. Keen,
POWERS MENTAL PHOTOGRAPH
Intensely Interesting Description Based
Largely on Plaintiffs Cor.
respOudence,

The Keen-Nipper case was intensely
interesting today from the fact that the
time was devoted to review Of the
testimony by the attorneys for both
the plaintiff and defendant. The latter
had an innings this morning and this
afternoon It was expected that the at
torneys for Or. Keen would use every
endeavor TO break down the impressions
made by their opponents Each side
was allowed one hour in argument, that
time being taken up by Judge Powers
and Mr. Straup for the defense,
Mr. Straup who spoke first, took oc-
casion to point out the relations exist
ing between plaintiff and defendant,
which, he admitted. might have been
unlawful at times. but were no excuse
for plaintiffs attempt to rob defendant
of the wealth he had amassed In legit-
mate business pursuits with his own
money and by his own energy Counsel
denied absolutely that any evidence had
been introduced which tended to show
that there had ever existed a partner
ship between them, or that plaintiff had
ever paid to defendant 5000 or any 9TH
er sum whatsoever to invest in sheep,
cattle or anything else. He character
ICED DR.. Keen's effort as bold attempt
TO hold up the defendant and cited
particular instance Of such conduct
which occurred in Denver at a time
when plaintiff secured from defendant
the sum of S737 under the guise that
she owed such sum TO a Mr.. Burns.
Defendant dressed her In fine gowns
said Mr.. Straup, "and spent money on
her like king, until fairly sick with
the demands made upon him, and haY-
ing become aware that her tactics were
simply for the purpose of swindling
him, ne declared TO her, I'm done with
YOU and thenceforth refused absolute
ly to have anything more to do with
her"
EVIDENCES OF FORGERY.
Dealing with the letters introduced
in evidence Mr.. Straup declared II was
plain enough that those documents had
been tempered with. He viewed It as a
very strange proposition that all the
alleged changes had been made either
at the end Of sentence or at the end
OF the letter itself, as could be plainly
seen. 81 don't care what these experts
say" he declared "our experts have
told you they were changed and have
given reasons therefor. There Is an
apparent difference In the color of
the ink used and there are evidences
of erasures having been made In order
to make room for the words supplied.
All the changes, too are in the IN
terest of plaintiff and against defend
ant, another singular coincidence, not
to say. suspicious circumstance. The
insertions. too, show a complete change
I'm the context Of the letter, another
,earmark that they have certainly been
tempered with"
a REMARKABLE CASE.
At this juncture Judge Powers took
up the argument, beginning by express
sing regrets that Judge Richards who
was associated with him In the case,
had been called away through press OF
business. The Judge stated that In all
his legal experience, covering period
OF 80 years, he had never had brought
to his attention a case quite as remark
able as the one at bar Ii was not
a suit for damaged affections, but was
simply an attempt TO eNtort from de-
PENDANT money which rightfully be-
lcnged to him, and to no one else.
Counsel then stated that he was not
here to palliate or condone the acts Of
either the plaintiff or defendant Their
conduct said he, could not be excused.
He referred to this feature Of
social life and stated that conditions
such as these had existed for genera
lions and would no doubt continue to
exist In this connection he cited the
weaknesses of Samson, Helen of Troy
and Cleopatra, after which he took ~
the history OF the case at bar and char
acterlzed Il as "a manufactured case
as 1t was not founded upon truth.
A MENTAL PHOTOGRAPH
Judge Powers then gave "a mental
photograph" OF DR. Keen, saying that
she was fair 20 look upon but that wo-
men lust as fair had been equally false
and had done things just as bad. Lu-
cretia Borgla was fair but she was a
murderess, and the woman who gave
up her life i'm n lOcal hospital several
days ago, was also fair but she, too,
was a murderess, Counsel said that
plaintiff was an ambitious woman, that
she was lover of money, that she
bowed down to the god of waeth, all of
which was clear from her correspon-
dence. She was not the unsophisticated
country girl her attorneys would have
her, but had had sufficient experience
even before meeting the defendant to
know right from wrong, and TO
know also when she was be-
ing imposed upon. The attorney
called attention To her expression that
she had been entertained by the
cream OF Denver" and ironically re-
marked that this was much different
to the green, blue milk possibly adul-
tcrated with formaldehyde. She was
woman not OF the common herd as
she had stated, was Of a masculine ma
ture both mentally and physically and
was clearly more Of a man than wo-
man. evidenced by the fact that she
chose a strenuous profession, that of
physician. She was, thought counsel.
n natural lover Of men, and her facial
expression gave evidence OF the fact
that she had in her all the elements
of n schemer. She was also vlndlctiVc
and INSCRIPTIONS declared the Judge.
and had murder In her heart when she
suggested to Mr., Nipper, In letter,
that II she visited az his home she
would ~ almost persuaded TO smother
Mrs. Nlpper with pillow. Judge Pow
ers continued In this strain ne some
length and was still talking when court
adjourned for the noon recess,
This afternoon arguments will be
made for the plaintiff. after which the
case will go TO the jury. A verdict will