The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-08
DIR. {. 5. PAYNE
GIVEN HIS FREEDOM
State Fails to Sustain Charge
by Testimony of Other
Than Accomplice.
OFFICIALS REGARD
ACQUITTAL A CALAMITY
No Doubt Exists i'm Their Minds
of the Guilt of the
Doctor.

| IT'S q public calamity that DR.. E. s.
Payne was not convicted. of murder. D."
That's the view of County Attorney Par
| ley P. Christensen,
There is no doubt In my mind that DR..
| Payne is guilty" That's the view of Dis
| trict Attorney Fred c Loofbourow.
DR., Edward S Payne, charged with
murder In the second degree, alleged to
have been committed by means of a GRIM
inal operation upon Miss Anna Ferguson
In this city, August of last year. was on
Tuesday acquitted, the State falling to
sustain the charge by the testimony of
other than an accomplice to the crime,
Under Order of Court.
The verdict was given from the jury
box. without dellberatlon, according 10
the instructions OF Judge George c. Arm
strong, who heard the case as far as It
progressed.
Accomplice Not Present.
The State failed in It's attempt to pro-
duce as witness Mrs. Ferguson, mother
OF the dead girl. and had to be content
with reading the evidence which she gave
at the preliminary hearing.
District Attorney Loofbourow Talks.
District Attorney Loofbourow. when
questioned about this last night said;
Several weeks before the time set for
hearing ! addressed letter TO Mrs, Fer
guson. at the address she had given me in
Tonopah, but received no reply, l then
telesraphed her a notification OF the trial
but the message could not be delivered
Then telographed the Chief of Police
In Tonopoh, and was informed that Mr.
and Mrs Ferguson had gone. presumably
to San Francisco, about January 49, which
WAS about week after | had 1T..t
ten
Must Have Corroboration.
Questioned as TO whether or not Mrs.
Fergus appearance would have made
any difference In the outcome of the case
Mr.. LoofbouroW said The State failed
TO secure the necessary corroborative
evidence, which under the provisions OF
the code was required aside from the
testimony OF Mrs Ferguson, the accom-
plices TO connect the defendant with the
OF the preliminary hearing. we hoped that
we would secure this. but for the past
two weeks have had practically no hope
that Ihe case would ever get 10 the jury.
The State has done It's duty In going as
far as II could and l regret the outcome" "
Failed to Identify.
The State relied largely upon the testI-
mony of DR.. Reed q dentist who had
his ofiiceo in the same building and on
the same floor as did DR.. Payne at the
time OF Miss Ferguson's death When
Dr Reed was placed on the stand he
remembered two women coming down the
steps on the day that the mother had
stated the third operation was performed
upon Miss Ferguson but he could not
Identity either of them
Different Story Earlier.
When this was called to the attention
OF County Attorney Christensen the LAT |
ter said Immediately following Miss
a h.. -
cation was made by the officers and my |
self. Dr. Reed fully described the appear |
ance OF both Miss Ferguson and her
mother and he even went 20 far as In |
pick the outer clothing she wore at that |
time out OF other garments"
No Other Physician There.
At the time referred to. when Miss
Ferguson and her mother were alleged to
have been making the trips to DR. |
Paypcs office for the purpose named
here was no other physician in the build
ng. There are four Offices on the floor
,ne OF which. Dr. Whittock's, was closed
DR.. Reed is a dentist the third is an as
,ay office. the fourth is DR., Payne's Dr.
IN. who seemed shiyery and disconnected.
lad TO be supported by the elder
Mother Agreed to Testify.
County Attorney Christensen. who dill
gently followed the case up to the time
hat DR.. Payne was held to the District
court to answer TO a charge OF murder.
tates positively that Mrs Ferguson had !
greed 10 testify against Dr.. Payne and
ell the whole truth
Case Dragged Too Long.
In the opinion OF many who commented
pon the verdict last night, the case was
-llowcd to drag too long. after the de-
endant had been bound over Nearly six
months have elapsed since DIR. Payne was
lcld to answer to the murder charge |
While in New York CITY the case would
ave been disposed OF in about ten days.
Dr. Payne's Record.
Or. Payne's record Is not one that
makes savory reading He has been
vice charged with murder and once with
bortion. The last named charge was
made In juno. 1902. alleged TO have boen
to disappear just prior to the
relimlnnry hearing. Then came the muir
er charge In the Anna Hill case in De-
ember OF the same year trial re-
ultcd In acQuittal at the hands OF tho |
Iry. although not In the public mind
low the Ferguson case.
This Is Not All.
But this Is not all District Attorney
,oofbourow declares that 81 have I'm nv |
esk sworn affidavits from three youn3
'omen TO the effect that DR. Payne has |
criminal operations upon !
lem" and when the accused physiciap's |
fics was searched by the officers after
is arrest last August, q large number OF
'tters from women were found. the con-
,nts Of which missives, the officers SOY
ointed to the fact that a large portion
I DR.. Paync's practice was OF a nature ,
nat is q felony under the laws OF fhe