Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-15
d.. Payne Tells
His 'Own Sto1p
defendant Relates HE Circumstances Leading Up 10 HE
death Of Miss c4nna Hill and Scores The qohce De-
partmeaf for Tough Treatment alleged 10 Haze Been
Heceiusd During His Imprisonment in The Cay JAIL

Payne was on the witness stand this
morning In his own behalf and told the
story OF how Miss Hin Is supposed to
have met her death In HE Office on Dec.
20, 1902. During his testimony he spoke
very rapidly and without any hesitancy
whatever. His speech was 80 rapid that
part Of II could hardly be understood.
lie scored the police depal tment for the
rough treatment he claimed to have
received during his Incarceration in the
city jail He said that he was denied
the right 10 have an attorney before
making any statement; that he had no
place to sleep that his meals were not
given 70 him regularly, and that on al
occasions he was handled roughly while
at the city jail.
Attorney Wanless IN his iopening
statement outlined the defense ana took
occasion to charge those VINO handled
the case for the state In its earlier
stages with having deliberately de-
stroyed some Of the evidence which
would have been favorable TO the de-
PENDANT. He stated that the medicine
part Of which was given Miss Hin by
Dr. Payne had been thrown away ana
the piece Of candy which Miss hll had
and which was lying on the lounge, had
been destroyed. Mr. Nanless stated
that pr Payne thought that perhaps
Miss Hill had been poisoned by the can
dy He charged Dr. Mayo with not haY-
ing performed thorough autopsy and
that he was so preiudiced that he did
not look for other polsons than chloro-
form.
Mrs Payne and little daughter occu-
pied their usual seats In court this
morning Prof. Mckay and wife were
also present,
CHEMIST HARMS CALLED,
Az the opening Of court this morning
Dist Atty Elchnor asked permission to
reopen the states case to Introduce
testimony Of which he knew nothing at
the time he rested his case on Saturday.
Herman Harms city chemist, was then
called 10 the witness stand and testi-
fed as 10 the analysis he made Of Mrs.
Hills stomach ON Dec. %. He said that
he made the analysis with a special
view TO looking for chloroiOrm and
other volatile poison. He said there
We're no signs Of chloroform or other
volatile poisons AT the conclusion OF
Jrof Harms testimony the state rest
ed It's case and Atty. Wanless made the
opening statement for the defense.
OPENING STATEMENT FOR De
TENSE
Mr. wanless said In part
Gentlemen OF the jury the defendant
Is not required 10 establish his inno-
cense but II is the duty OF the state TO
prove his guilt On the morning OF
Dec 20. Dr. Payne remained az his
home until about a quarter past 10
when he took a ear for town. When he
arrived at his Office he lighted fire
and put some water on the stove to
heat preparatory 20 the visit of pa
tient for whom he was looking. He then
sat down and read. He sat there For
some time when young lady who Is
called In the information Miss Anna
d. Hnl entered and asked him II he
were the doctor.
MISS HILLS MOVEMENTS.
1.-THE doctor 'wil tell you just what
happened. but II seems that the young
woman came into the Office and passed
by the doctor TO the lounge where she
sat down and said she was
sick. Her movements indicated that
she was very IN and Dr. Payne
thinking 10 relieve her, removed
her Jacket and bat. He asked her what
was the matter hut she could not tell
him lie asked her II she wanted a
closet and he started into his other
room TO get a key About this time the
woman, for whom the doctor was look
ing, came TO the door and he told her
that woman had come there very sick
and asked her 10 return later He then
went to get his key and when he re-
turned Miss Hill seemed To be very
serious
Or. Payne gave her some medicine
which he thought would relieve her. tie
worked with her manfully and nobly to
bring her 20 consciousness but OF no
avail. lie worked with her for some
time and finally. realizing that she was
dying and that be could not give her
any further aid. he locked up his Office
and went 10 the police station and told
his story. lie was accompanied back 10
his office by officers and others, He
WAS then placed under arrest ana was
taken 60 fail His Office was left open
To the view OF the morbidly Curious
crowds who could do away with any
thing that might have been used as EVIL
dence IN favor OF this defendant.
WHAT TESTIMONY WILL SHOW.
rThe testimony viii show that De-
tectve Chase. through his malice, de-
lIbfyatcly destroyed some OF the eyi-
donce in favor Of Dr. Payne. he threw
away the medicine which Or, Payne
administered 20 Miss Hlll and there is
none on 10 left TO show 10 you its con-
tpntt Dr. Mayo and his c0niroros said
they performed an autopsy Why II
docs not deserve the name Of gdch.
They even denied this defendant the
ieht 10 be present or 20 be represented.
Tht evidence ol the state shows that
the examination OF the stomach was
not complete
THEORY or THE DEFENSE.
oNaw where dld Miss Hln 80 that
morning Our theory Is that she had
thai operation performed before 10
O'Clock. that she had an engagement to
visit McDonald's candy factory that
morning with other teachers. she west
there and no doubt feeling badly start
cd up the street aud STOPPED at Aucr-
bach's store and purchased some Jpore
OF that cheosc-cloth, which the cierk
savs she had purchal y before. Thsn
coming out OF The store and feeling
much worse and seeing d. Paynes
slrn she determined TO get medical as
distance and relief from her suffering.
She then went up to the Office and what
transpired there ! have already stated.
DIR. PAYNE's CONDUCT.
I'VE contend that Dr. Payne
conducted himself as gentle.
maan and capable physician on
that occasion. we wiz show that the