Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-29

Most Of the session Of the ellison case
this morning was spent In reading de-
positions Of relatives and friends of the
defendants residing In Iowa In rela-
ton to the mental condition of certain
members Of the Payne and Ellison fam
lilies. 1t seems from the dispositions
that number OF Mrs. Payne's and Mr.
Ellson's close relatives had been treat
ed in insane asyums ia Iowa and Me-
braska. one deponent stated that
James Ellison, the father Of defendant
was insane on religion,
Several interesting encounters oc-
Cured between the attorneys in the
case and, at one time, il looked as
If there would be trouble had not the
court promptly called the attorneys to
order and ordered them to proceed with
the case.
USUAL CROWD PRESENT
The usual crowd O, spectators was
present today and entirely new Interest
was aroused IN the case because of the
presence In the court room Of Mrs.
clyde Ellison and her father and moth
en-, Mr. and Mrs Sampson Mrs Ellison
did not arrive until nearly II o'clock,
She was attred in a black silk dress
with black hat and gloves. She and her
parents occupied seats Just back Of Mrs.
Watson during the time they were In
court After the court took a recess
they had quite a conversation with Dis
trlct Attorney Elchnor and Judge Pow
ers.
MCNAMARA RECALLED
Az the opening Of court this morning
Johnnie Mcnamara was recalled TO the
stand for cross-examinatlon. Mr. Eich-
nor put him through a test as TO his
knowledge OF perjury and asked him II
he knew the ninth commandment The
witness answered with q half smile
that he did not think he did.
EICHNoRs HOT REToRT.
This is not a laughing matter re-
torted Mr.. Elchnor hotely.
HE is not laughing said Judge
King.
Indeed, he is laughing was the hot
reply, "and don't you say he is not
The beligerent attitude OF the attor-
neys prompted the court TO admonish
the attorneys TO proceed with the case
without further personalities.
The witness stated that he talked TO
Mr. Truman and to Mrs Payne about
the case and that be was sent UP to
Mrs Ellisons for A double purpose.
First, TO get a pin belonging to MIR.
Ellison and second, to see If Mrs Elli-
son was the woman who was out 20 the
Hot Springs Win MIR Watson on Nov.
8. The witness became somewhat con-
fused as 10 the dates Of his interviews
with Mr. Truman aud Mrs Payne.
You know that Mrs Ellison cannot
teNify In this case and that Is the rea-
son you are telling this story. Is It notY'
asked Dist-Atty. Eichnor.
NO sir was the emphatic reply Of
the boy. lie was then excused from the
witness stand.
DISPOSITIONS READ
Atty. Truman then read the deposition
Of Chas. y. Apologize, superintendent
Of the state mental hospital at Mount
Pleasant Ia, in which he stated that
tw~ Of Mrs Paynes femnle relatives
had been confined in that in7 iu'lon for
mental treatment An ave- Of the
record Keeper OF the hospi, showing
the conduct Of the women while there
and the class Of their insanity was
ruled out by the court upon the objec-
ton OF Dist-Atty. Eichnor that the
record WAS not certified to boy the proper
state officials Of Iowa
The deposition OF James L. Greene
superintendent Of the state asylum OF
Nebraska. was also read by Mr.. Tru-
man. II was stated In the deposition
that a sister Of Clyde Elisons father
had been treated az the asylum Luz
cretla S. Smith stated In her deposition
that several Of the brothers and sisters
Of Clydes father were mentally defee-
tive. Elizabeth Jane Nelson's deposit
ton was to the same effect Mrs. Mel
son stated also that Clyde's father was
unbalanced mentally, especially on the
subject Of religion.
MRS. PAYNE's RELATIVES.
The deposition Of Elizabeth c. Parker
stated that she was well acquainted
with rSo Of the aunts Of Mrs Payne
Mrs Kerr and Mrs. Flower, and that
they were subject 90 attacks OF insan.
ty. The latter. she said had at one
time attempted 10 drown herself She
also stated that nephew OF
Mrs Payne was insane. +
5. Cleveland. farmer residing
near the Ellsons IN Iowa stated 90
his deposition that James Ellison, the
! father Of defendant, was insane es
| peclally on religious topics,
REV HANSEN TESTIF1ES.
Rev John NJ. Hansen was the mex
/ witness called by the defense III
testified that he lived next to the El