Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-12
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The Payne Case.
Defense WIN Try 10 Prove That Some Person Other Than
DR. Payne attempted The Operation on Mss Hill
Ds. 51ayo Seaschnsty CrosS-eramMed This St4osH.
ing WIZ Apparently Thai Object in Ve@.

DR. Mayo was on the witness stand
during the entire session of court this
morning in the Payne murder trial aud
was put through a searching cross-ex-
animation by Atty. Wanless for the
defense. From the questions asked
him It is very evident that the defense
win endeayor to prove that some other
person than DR. Payne attempted the
operation upon Miss Hill, and that she
came to him for relief. That will I'M
doubtedly be the defense interposed.
On redirect examination DR.. Mayo,
IN answer to questions put to him by
Dist Atty llichnor related a con
vcrsatlon which he had with Dr. Payne
at the police station at about midnight
OF Dee ~. the date of The alleged
crime In that conversation DR.. Payne
stated that Miss Hill came to his Of
fee and stated that she was sick and
went into commissions and the doctor
gave her restoratlves. The conversation
was admitted I'm evidence over the OBJ
lection OF Mr. Wanless, that IT Is con-
sidered damaging TO the defendants
case Is very evident from the fact that
when the court oyerruled the objection
90 It's admission, Mrs Payne burst into
tears and wept for several minutes.
This is the first time during the trial
OF her husband that Mrs Payne has
given way to her emotions The public
interest in the case seems to be rather
small, as there have been very few
spectators present at any session Of
the case.
MAYO CROSS EXAMINED.
Dr. Mayo was under rigid cross
examination at the hands Of Atty.
Wanless all afternoon yesterday, hut
his testimony was not shaken In the
least. Tho attorney for the defense
made an opening for the state TO prove
tho character of the defendant during
the cross-eXamination of Dr. Mayo
by asking him if he was not prejudiced
against DR.. Payne and IL he had not
said in effect that he would yet fix him.
The witness stated that he had had an
opinion in regard to the reputation OF
defendant for more than two years, but
that he never had and did not now have
any prejudice against him. He stated
that Or. Payne had been implicated i'm
several similar cases but that he had
only been placed under arrest once be-
fore.
THE ANNIE TAYLOR CASE.
What case was that" asked Mr.
Wanless.
Il think it was the Annie Taylor
case"
He was acquitted in that case
wasn't hep
NO, sir, he was never prosecuted"
When the court adjourned for the day
Dr. Mayo was still under cross-exam-
nation
RECALLED THIS MORNING.
At the opening Of court this morning
Dr. Mayo was recalled to the stand
for further ss-examlnation. He
said that ne could not state whether or
not there was any poison In Miss Hills
stomach or whether there was poison
enough in the stomach to XIII her.
Even II there had been he would stll
adhere TO his opinion that she died from
paralysis Of the pneumogastric nerve
brought about by n shock to the heart
caused by the administration of cbloro-
form. He said that ne advised that the
HNN+ttNNA w ulitA a|A lNi an hlIluN OF
poison, but that the chemist only an
alyzed II for traces of choroform.
INSTRUMENTS RESPONSIBLE.
Attorney Waness tried hard to get
Dr. Mayo to say that the Instruments
used on Miss Hin had nothing to do
with her death but the witness stated
that the instruments were certainly
connected with the cause of death, for
II was there use that made Il necessary
to give the chloroform.
In speaking of the autopsy, DR.. Mayo
stated that he proceeded along the line
that a crime had been committed be-
cause Of the reputation Of Or. Payne in
such matters, yet he reserved his opln-
ion as to the cause Of death at the cor
oners inquest because he thought that
something might develoue which would
be favorable TO Dr. Payne
WOULD If HE COULD.
IF I could truthtully tell you any