Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-05
Sensational Disclosures in the
Case of Dr. Kec1 VS.. Thomas
J. Nipper
ALLEGED INVESTMENT DENIED.
Defense Expects to Show That Let
tcrs offered in Evidence Are
EOrgeries,

case OF Emma j. Keen VS.. Thomas j,
Nipper, now on In the federal court. II
Will be remembered that DR.. Keen
claimed that she had invested the sum
of $5,Qt0 with Mr. Nipper ia the sheep
business II share Of the profits from
which business she now sues for In a
statement for the defense, made short
~ after the opening Of court today,
Judge Powers said 10 the Jury that
they would show beyond the peradyen-
lure C doubt, that Or, Keen had new
er invested such q sum or any sum at
ali with the defendant tina: during her
visit to Boise, at which time she claims
to have made the Investment, she was
absolutely without money, so much 80.
I'm fact, that neither she nor her mother
had sufficient with which to return
home, Counsel further said that they
would show to the jury taat the let
ters introduced IN evidence as coming
from Mr.. Nipper TO Or Keen, had been
tempered with to the extent that the
statements concerning business had
words which had been erased.
At the hearing OF the case late yes.
terday afternoon dispositions were read
from Mrs. Lykins. Or. Keen's mother
and Mrs. Susan h. WurnZ, a sister. The
former testified that her daughter had
between $4,000 and 81 900 when she went
70 Idaho TO visit the Nippers, this hav-
Ing been realized from the sale Of
horses and cattle from the LykIns
ranch.
The reading Of Mrs. LyKlns deposit
ton was continued this morning. the
lady testlfylng as TO her husbands
business affairs and stating that he
al . -. 4.
and another OF 1000 acres In Kansas.
She testified as to the manner In which
he carried on his business, stating that
he never gave check In his life but
that frequently he carried as much az
$4,000 at time. The deposition also
said that Mr.. Nipper approached Or.
Keen, stating that he would give any.
thing TO get his letters hack as he
feared they might cause him trouble I'm
business way. This was In 1891 ut
Lonsmont. Colo. The lady also stated
that the payments made to DR.. Keen
were understood by her as interest on
the money she had invested
PASS BOOKS IN EVIDENCE.
At this point counsel for plaintiff
offered in evidence the pass books of
Mr.. Nipper, showing business trans
actions with the First National bank
of Idaho and the National Bank of the
Republic OF Chicago, The former
showed deposits aggregatlng SIS, l06.92
while the latter showed deposit made
Aug. l6, 1879, OF s56,5OO.
A GENERAL DENIAL.
Judge Powers then outlined the case
for the defense, stating To the jury
that every material allegation that had
been made by plaintiff would not only
be denied but would be absolutely re-
futed through the testimony that would
be offered In evidence. lie stated that
the defense would show that there had
been no business ENHANCEMENT between
plaintiff and defendant. but that on
the contrary the defendant had given
the woman money out OF his own poclt-
ct In order to satisfy her demands.
They would also show, said the Judge.
that Mr.. Nlpper had been bounded for
years by the plaintlfl and that she had |
no other object w view than to get |
what money she wanted from him. |
They would show also that Mr. Nip |
per had educated the woman az his own |
expense and that she had promised |
TO repay him after she got thoroughly |
established as physician. The |
amounts paid to her he said, had |
reached the sum Of something over So,
they would also establish the fact |
that plaintiffs mother stated to de- |
PENDANT that she was not pleased with |
her daughters conduct, and that she |
advised him not to give her any more |
money. II would be brought out that |
she had been making demands upon |
him continually and that when she |
learned that he was about to quit Shc |
Increased her demands to 81. 1000 Judge |
Powers likewise said that the defense |
would show that the letters offered I'm |
evidence had been changed 80 as to |
make 1t appear that a business part |
nership existed between them,
MRS, N1PPER's TESTIMONY.
Mrs, Nipper, wife Of the defendant |
was then placed or the stand, and testi- |
fled that she had been subpoenaed 20 |
appear Ia plainuns behalf Questioned |
by Judge Richards of Boise the witness |
stated that she had first met him |
(Richards) in 1900, bur had had no con- |
Nersation with him prior 10 that time |
concerning trou'es between her aud |
her husband A letter said to have |
been written by her TO Dr. Keen, was |
shown the witness, who denied positive. |
ly that she ever wrote such letter |
The missiye threatened plaintiff with |
violence did she not leave Tom (Mr, |
Nippe) alone.
DISPOSITIONS READ.
Then followed the dispositions OF |
George +. Ledway, cashier of the First |
National bank OF Idaho. and OF }. j. |
Byers, a ranchman living three and "A |
half miles from Boise These referred |
principally to MIR. Nippers business af- |
fairs, although the latter spoke Of the |
acquaintance existing between plaintiff |
and defendant.
N1PPER ON THE STAND,
Shortly before noon Mr.. Nipper took
the stand IN his own behalf and denied |
positively and absolutely that there had |
ever been amy partnership existing be-
tween himself and Or Keen. lie adj |
inltted having paid her sums of money |
at frequent intervals, but denied that |
she had ever made any investment |
with them whatsoever Their acqua'nt. |
Rnce had covered a period OF n years
from 1892 TO the present-and Correspon- |
dence had passed between them Tor /
like eight years The wit.
ness testified 60 having paid for her |
education at a Denver medical school |
and having met her expenses also while |
she was pursuing a post graduate
course, In Chicago. He said he had |
destroyed most Of the letters that pass
ed between them because he didn't |
want his wife to get hold OF them. |
However, some which he had placed in |
lis desk had come into her possession.
Mr. Nipper was ON the stand when |
this report closed.
The plaintiff is represented by Frank |
McDonough OF Denver and II. o. Shep-
ard OF this city, while the defendants
are carefully guarded by the
firm Of Powers Straup & Lippman.