Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-12
WAS NERVOUS AND CARE WORN
Manifest That He Realizes the Serious
ness Of the 0d!nse on Which
Conviction May Come.
MOTHER TELLS HER STORY
Pathetic Narration Of the Incident
That Led to the Death OF Alice Fer.
guson--Queslon Of Bail,

IN tho criminal division Of the city
copr before Judge G, r. Diehl this
morning. Or. ", s Payne appeared the
second time as a defendant on tha
charge of murder: the murder Of IL
,ear.old Alice Ferguson,
There is some doubt as to whether
the charge Is murder I'm the first degree
or ,he second degree After reading
the complaint, Judge Powers, counsel
for the defendant said THE COM
plant does not alege premeditation,
From that would take It that It Is
murder in the second degree, although
f. does allege with malice afore-
thought
AZ any rate the complaint says muir
der. ON that the prosecution will have
10 stand or fan and County Attorney
Farley r. Christensen feels confident
thai the state win win this time.
Or. Payne accompanied by his wife,
WAS brought from the county jail by
DEPUTY Sheriff Steele. He was soon 700
lowed by Judge Powers County At
torney Christensen was already on tho
scene, ass also were two stenographerg
one FOR the state. and the other for the
defense
Old. ps,.,a mad "a carevorn apuear-
49,. ~, ne. ma
''.'. '"' 'S "'' S"""h VIZ ''N'H
earnestly TO him, he twisted his soft
black felt hat neryousy and gazed IN
'slty ou the noor During the taking
.,l, o., a,G,y v'ord tbof v,as uttorn1
w ,,,, w. hsr W" u 'Sit.t
eI ,.. .,,o.ior 1,bjcb sbc feit Dl
p,,.,. So, ,.,t ~ Ttdge po,ysrs ana
frs.,.-,I,. gr,se IN biS local s1vise,
Air ana Mr.. Terqusob ,ynre n, The
,,,a... sgS'' Ky Ky
persons. except the witnesses, officers
ws ro .'n ,,o' ey o a"G w. 'J rSop, pI ~,
order ot TuIpo Diehl noon motion ng
Judge Powers
AT D. O'clock ,se case was concluded
SD .r AS The sata YEAS concerned
There cam he ma Goubt tbat me 5efsnG-
am v. bs bel, to the s''" 5ts ,,. o',,r
Thi. sfernonn ~ Wv ,,ijo',, I "J,,
Powers viii as, fen, a radnction NJ hal
ana WIN mako como s,,eges,inns A., sni,
ro.f M tE1t ,,n,,,,, d" 'U'
Ths. most ,r,,,orto,,, ,,.i,,,,,. .,..,,,;,,..l
this mar,inr H1e Nv Nv Am1a E,A N.,.,,..y
mother M tba dead girl Sbo ,tSe T',.
testimony In :, io", tone NJ 90 o. a,,d ~,
times n was almost in,rnssihlo o. a..
tiuguisb her. ron,srl '''' ''''
Contrary 10 general ovnoct,tion
eo IN bts "S uTJrutGIE 'ot,S'ug,
NOT cbsrg, bo,. ltr",ti', ,,itth l,r u'u
accomplIae in m" SisseeTd No. nri nm b HI
tried No. Jr,W sro,,, 'b hes 'a, dr Iu,
th9t sbo .,,ee norf,. to az I'
her 10 gdmit maj sbe know, th ",t a. a.
opsr,t.a, l'... , 4o,, sne N',eW tla' tns
bar dauobter a. M. D., on" a. 81. ,Ion n
.lr,it, II ~ W. - oSlt' one anu
MAJ bs a,i5 lung b.'p,iei.aol' usrtsu
ouaY8tlop '' ''' ''' '"l''''e VI Tue
MRS. FERGUSON CALLED.
Tho frst ,.i,,a.- Ill, 49, A.,
Ana r...o,,-,,,, ''''gss .aHeu was Mrs,
eH AnsWoyino '' S,n,Tt,. S,e ,, Seau
tDnsan Mrs Tsrg,,sn, ia ~, hor
daue1ior v.as ~ go, "a 90 , 10 ~, Nv
90 tGa time NJ her dam W"
Office said Arr, Foro,,.o - ue' a.. ''s
trs Office and aslied HIM u he wand
trouble Ho 5st'd me 1ne b Mmo o TIN tbo
cH VAS ana Inc ion,,,, 'o" o,u t'e
had boon m tronblo toid hi,, ond
ho said No. would charge sGo made
au apnoIptnent for tbS royt ds, $50" at
o'clock .slsod htr, ~ 4, INA a
safe and me- said a would bo norfectlv
safa bu, that rbc s So p rioniS wy NE
Very Sick"
What further did he gay7o
he told mo that he had another ladv
h1t sho collapsed and this might he
i'o case with Alice"
Yes. / took Alice The foiloN,ing >,on.
Day and Thursday"
Who aid YOU find thcree"
ur Payne"
WHAT was done?"
Ide operation was performed each
time
Dr payno's er rpor ,nG ME- men sxn n,,,,
IDENTIFIED the same and also somc Of
iNH Instruments stingad 10 L,,.. 49,,