Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-16

had been. she would not have been
walking around town, she would have
gone home Immediately. The evidence
distinctly shows that Miss Hill came
to her death I'm Or. Payne's Office.
think / have touched briefly on all the
facts in the case and thank you for
your attention"
FOR THE DEFENSE,
At II o'clock Mr. Wanless commenced
the argument for the defense. lie said;
Gentlemen Of the jury, the Information
IN this case IL drawn up In a very pc
cullar manner The district-attorney
assumes In the complaint that Or.
Payne killed Miss Hin and then goes
20 work 10 guess how he killed her.
one juryman might say that she died
from the chloroform and another might
say that she died from the operation,
and still another might say
that both together caused her
death. Think Of the attorney
Tor the state In his closing argument
being unable 10 state as 10 how she
died, whether from the chloroform or
the instruments, and then expect you
Jurors TO determine that matter. Which
theory are you going TO follow out
whether she died from chloroform or
from the instruments?
40 EVIDENCE OF GUILT
"Can you or get on to trace that
leads back TO the guilt OF that man?
Take the theory that she died from the
instruments and trace II back You
won't go very far before you strike q
doubtful path and you don't know
whether the trace leads to Or Payne
or to some person outside the city or
to the Young woman herself, Could not
Miss I'm have met her lover, before she
went 10 AuerbaCh's store. IN some pri-
waite place ana could not he have at
tempted the operation? Or. Odell told
you That any other person than the
young lady herself could have perform
ed the operation. Look for the hand
Of the lover IN this case, gentlemen.
DOCTORS DO NOT AGREE,
Dr. Mayo and DR.. Odell don't agree
as 70 whether Miss Hin could have in
lliCted that wound upon herself. one
said she could and the other that she
could not Now, how are you to decide
on that matter? How are you going to
reach "A conclusion on such evidence
Now as 90 the cloth In Miss Hills
room was found a cloth like this one,
except that 1t had no blood on it, and
also box Of pills which are used, ac-
cording to the testimony here, for the
purpose Of performing such an opera
ton. A great attempt was made by the
police to find out whether the
laundry mark on this cloth found
on Miss Hill, was the aun-
dry mark Of Or. Payne, but they
could not. Or. Payne and Mrs. Payne
both told you that the mark was not
their mark and never had been ES-
anime this cloth and see whether there
are enough stains on 1t to indicate that
II was used IN such an operation, or
whether there wasn't another cloth
used The counsel for the state says
that the cloth was not pinned to her
clothing. Just look at II gentlemen
and tell me whether those are not pin
holes
'Are you going to say, when q man $
liberty is ut stake and depends upon
that bit Of evidence, that that cloth was
not fastened 70 Miss Hills clothing and
that those are not pinholes? Are you
going to say beyond d reasonable doubt
that the cloth was not worn by Miss
Hin and that II had a predecessor
What is the purpose Of the ftate IN
keeping these surgical instruments ".
Ing out here before the jury? Gentle
MGR, II Is Just for effect upon you
That brings ne down to the point as &c
whether those Instruments had beer
used that day Tell me. would a mar
who has committed a crime, OF who
has Killed a woman, would he have
taken the time there to have cleaned
those instruments and placed them
back IN the 'atchel along with the
Christmas II sents which he had
BOUGHT for hi, wife and child? We have
absolutely disproyen the fact that those
instruments were used upon Miss Hill
MISS HILLS BREAKFAST.
"Just one word about the statement
of the district attorney that Miss Hi
was evidently told 60 eat a very light
breakfast that morning In contempla'
ton 81 the operation Why both Mr.
and Mrs Mckay stated that she at.
the usual breakfast Of the family, Il
any one had told her to eat a lgh
breakfast wouldn't they have told he'
not to eat any breakfast whatever
Any doctor contemplating an operatio
Of that kind would advise a person uo
70 eat anything for several hours befor
the operation, They ask YOU gentlemen
to find this defendant guilty because
someone told Miss Hill 10 eat vel
Hight breakfast on that morning. 10
the face Of the fact that the testimon,
| h0rp shows that she ate tho ueul
breakfast except that she ate eggs IN
stead Of meat
At this point the court took a recess